SUBLYNK TERMS OF SERVICE

Version 2.0 Last revised on: 06/11/2026

These Terms of Service (these “Terms”) govern access to and use of the website located at Sublynk.com, the Sublynk platform, and any related software, applications, hosted services, contractor profiles, contractor search functionality, job-board functionality, content, tools, reports, and services made available by Sublynk Inc. (“Sublynk,” “we,” “us,” or “our”) (collectively, the “Site”).

The Site includes restricted-access business tools made available to approved account holders and limited public-facing functionality, including contractor search results, contractor profile pages, shared links, and related content that may be accessible without paid or approved Account access. Public-facing content may be limited, summarized, filtered, truncated, or otherwise different from information available through Sublynk’s restricted-access platform.

Certain features of the Site may be subject to additional guidelines, terms, rules, or policies posted on or made available through the Site, including Sublynk’s Privacy Policy (the “Privacy Policy”), all of which are incorporated by reference into these Terms.

By accessing or using the Site, you:

  • (a) agree to these Terms;
  • (b) agree to Sublynk’s collection, use, and disclosure of information as described in the Privacy Policy, whether or not you register for an account; and
  • (c) represent and warrant that you are at least 18 years old and have the full right, power, and authority to enter into these Terms on behalf of yourself and, if applicable, the entity you represent.

If you are using the Site on behalf of an entity, these Terms bind both you and that entity, and you represent that you are authorized to do so. If you do not agree to all of these Terms, or if you are not authorized to bind the entity on whose behalf you access or use the Site, you may not access or use the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN INDEMNITY, AND DISPUTE RESOLUTION PROVISIONS, INCLUDING AN AGREEMENT TO ARBITRATE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

1. Definitions

  • "Account" means a registered account created to access all or part of the Site.
  • "Authorized User" means any individual authorized to access or use the Site under or through a Customer’s account, subscription, membership, or other access rights, including any employee, contractor, representative, owner, officer, manager, or other person permitted by the Customer or Sublynk to access or use the Site.
  • "Customer" means any person or entity that creates an Account, purchases, subscribes to, pays for, or is otherwise authorized by Sublynk to access or use restricted-access portions of the Site or Services, whether on its own behalf or on behalf of another person or entity.
  • "Contractor User" means any Customer, Authorized User, or other Site user that uses the Site to offer, market, or provide services, including any contractor, subcontractor, vendor, supplier, service provider, or similar business or individual that creates or maintains a profile, submits credentials or compliance information, or posts or responds to job opportunities.
  • “Public Search Tool” means any non-login, non-subscription, or publicly accessible search, filter, directory, profile, or similar functionality made available by Sublynk that allows Public Visitors to identify or view Contractor Users or related profile information.
  • "Public Visitor" means any person who, without logging into a paid or approved Account, accesses, views, receives, or relies on any contractor search results, Contractor User profile, shared link, job-board content, or other Site content made available outside Sublynk’s restricted-access platform, including through a public search tool, shared link, screenshot, printout, download, excerpt, copy, summary, or other reproduction. Public Visitors may include homeowners, property owners, policyholders, consumers, or other members of the public.
  • "Services" means the software, workflow, administrative, verification, reverification, maintenance, reporting, profile, posting, messaging, and related services made available by Sublynk through or in connection with the Site.
  • "Subject Entity" means any contractor, subcontractor, vendor, supplier, service provider, or other business or individual whose information is submitted to, reviewed through, displayed on, or otherwise processed by the Site.
  • “Sublynk Parties” means Sublynk’s officers, directors, employees, agents, contractors, affiliates, parents, subsidiaries, licensors, suppliers, service providers, successors, and permitted assigns.
  • “User Content” means any and all information, documents, data, communications, images, profile content, job posts, links, credentials, licenses, insurance materials, business information, reviews, comments, messages, and other content submitted, uploaded, posted, transmitted, shared through, or otherwise made available by or on behalf of a user through the Site, including information regarding contractors, subcontractors, vendors, employees, applicants, or other third parties.
  • "Verification Results" means any profile, report, status, badge, score, notation, alert, reminder, expiration notice, verification date, task output, or other information generated, organized, displayed, or made available through the Site in connection with the Services, whether displayed through restricted-access portions of the Site or through limited public-facing functionality.

2. Accounts; Fees

  • Account Creation: In order to use certain features of the Site, you must register for an Account and provide certain information about yourself, your business, or the entity you represent as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information; and (c) you have the appropriate rights, consents, notices, permissions, and authority to share such information, whether such information belongs to you, the entity you represent, or a third party, including any contractor, subcontractor, vendor, employee, applicant, or other individual or entity. Sublynk may require each individual person and/or entity to have their/its own Account and may limit or prohibit entering information from or on behalf of any third parties. You may delete your Account at any time, for any reason, by following the instructions on the Site. Sublynk may suspend or terminate your Account in accordance with Section 14.
  • Authorized Users; Account Responsibilities: Each Customer is responsible for maintaining the confidentiality of its Account login information and for all activities that occur under its Account, including all acts and omissions of its Authorized Users. Each Authorized User must comply with these Terms when accessing or using the Site. Customer and all Authorized Users must promptly notify Sublynk of any unauthorized or suspected unauthorized use of the Account or any other breach of security. Customer is responsible for ensuring that it has the authority to submit any third-party information through the Site and must promptly remove any information that it is not authorized to share. Sublynk will not be liable for any loss or damage arising from the Customer’s or its Authorized Users’ failure to comply with the foregoing.
  • Fees: Sublynk may condition Account creation or access to certain Site features or Services on the payment of one-time, subscription, membership, usage-based, lead-based, access-based, or other fees (collectively, the “Fees”). Any Customer that agrees to pay Fees is responsible for all Fees associated with its Account and any use of the Site by its Authorized Users. The applicable Fees, payment terms, and billing arrangements may be set forth in an order form, subscription, or other agreement between the Customer and Sublynk and are incorporated into these Terms. Fees may vary based on the Customer, level of access, features used, or other factors as determined by Sublynk. Sublynk may increase subscription or membership Fees upon prior notice to the Customer and may modify other Fees at any time, in each case in Sublynk’s sole discretion, except as otherwise expressly agreed in writing.

3. Nature of the Services; Point-in-Time Review; Reverification

  • Nature of Services: Sublynk provides a software platform and related Services designed to assist Customers in collecting, organizing, reviewing, maintaining, and monitoring compliance-related information regarding Subject Entities. The Services are administrative, workflow-based, and informational in nature.
  • Point-in-Time Outputs: Verification Results reflect information made available to Sublynk by the applicable Subject Entity, Customer, Contractor User, or third-party source as of the time the applicable review, collection, or check was performed. Sublynk does not independently verify all information and does not guarantee the completeness, accuracy, currency, or sufficiency of any Verification Result.
  • Reverification and Renewal Support: Where Sublynk offers recurring maintenance, renewal support, or reverification services, Sublynk will use commercially reasonable efforts to initiate follow-up outreach, reminders, or updated checks in reasonable proximity to the applicable expiration, renewal, or reverification schedule reflected in the Site or the parties’ written agreement. These Services do not constitute real-time, continuous, or uninterrupted monitoring. Delays, gaps, or incomplete updates may result from Subject Entity responsiveness, carrier or broker delays, licensing authority processing times, public agency availability, third-party vendor response times, system outages, or other circumstances beyond Sublynk’s reasonable control. Each Customer remains solely responsible for determining whether any Subject Entity satisfies its legal, operational, contractual, insurance, safety, underwriting, procurement, and risk-management requirements.

4. No Endorsement; No Agency; No Guarantee of Subject Entities or Services

  • No Endorsement: Sublynk does not endorse, recommend, certify, warrant, or guarantee any Customer, Contractor User, Subject Entity, goods, services, project, opportunity, or third party.
  • No Underlying Services: Sublynk is not a general contractor, subcontractor, insurer, broker, adjuster, employer, staffing agency, guarantor, or provider of construction, restoration, repair, remediation, inspection, or similar field services. Sublynk is not a party to any agreement between or among Customers, Contractor Users, Subject Entities, homeowners, property owners, policyholders, insurers, or other third parties except as expressly agreed by Sublynk in writing.
  • No Agency: No agency, partnership, joint venture, employment, fiduciary, brokerage, or similar relationship is created by these Terms or through use of the Site. No Customer, Authorized User, Contractor User, Subject Entity, or other person may create obligations on behalf of Sublynk.
  • Limited Meaning of Status Labels: Any designation, badge, label, notation, or status on the Site or in Sublynk materials, including “verified,” “vetted,” “compliant,” “approved,” “credentialed,” “insured,” “licensed,” “background checked,” “badged,” “top,” “preferred,” or similar terminology, means only that the applicable person or entity has completed, or appears from information available to Sublynk at the relevant time to have completed, the applicable Site process, review step, or criteria identified by Sublynk. No such designation is an endorsement, certification, warranty, guarantee, or representation that the person or entity is safe, suitable, qualified, trustworthy, solvent, properly licensed in every jurisdiction, properly insured for every task, or otherwise fit for any particular project or interaction.
  • No Guarantee of Opportunities or Interactions: Sublynk does not warrant that any job opportunity, contractor profile, profile link, project posting, or Site communication will be accurate, complete, current, available, lawful, appropriate, successful, or result in any business, project, hiring, consumer, or other outcome.

5. Access to the Site

  • License to Account Holders, Customers, and Authorized Users: Subject to these Terms, Sublynk grants Account holders, Customers, and Authorized Users a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access the Site solely for their permitted business or individual use, as applicable, with regard to:
    • (i) onboarding, credentialing, vetting, tracking, communicating with, and managing contractors, subcontractors, vendors, service providers, and related workforce participants and their licensing, insurance, qualifications, credentials, and compliance information;
    • (ii) managing and documenting licenses, insurance, qualifications, credentials, and compliance information;
    • (iii) communicating with Customers, contractors, subcontractors, vendors, service providers, and other Site users;
    • (iv) identifying, posting, reviewing, or responding to potential jobs, projects, opportunities, or related listings, including job-board functionality that may be restricted, obfuscated, or limited based on access level;
    • (v) creating, maintaining, or displaying contractor, vendor, or business profiles; and
    • (vi) utilizing other features, uses, or Site mechanics as are explicitly made available to Site users and Account holders in the ordinary course and intended usage.
  • Certain Restrictions: Each Customer, Authorized User, Contractor User, and any other person who accesses or uses the Site must comply with this Section. No such person may:
    • (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, any part of the Site, or any content or data made available through the Site;
    • (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
    • (c) access or use the Site, or permit any third party to access or use the Site, to build, train, improve, or support any similar or competitive website, product, service, dataset, model, or system; or
    • (d) except as expressly permitted by Sublynk in writing, scrape, export, bulk download, reproduce, redistribute, or otherwise use any Site content or data outside the intended functionality of the Site.
    For purposes of this Section, Site content and data include all data, reports, profiles, Verification Results, job listings, summaries, exported information, API-accessible information, and other content made available through or derived from the Site. Each Customer is responsible for access to and use of the Site by its Authorized Users and any person accessing the Site through or on behalf of the Customer. Violation of this Section may result in suspension or termination of access to the Site.
  • Modification: Sublynk may modify, update, suspend, or discontinue the Site or any Services, features, content, or functionality from time to time, including to improve performance, add or remove features, address security or legal issues, or reflect changes in Sublynk’s business. Sublynk will not be liable to any Customer, Authorized User, Contractor User, Public Visitor, or other third party for any such modification, suspension, or discontinuation. Notwithstanding the foregoing, during any paid subscription term, Sublynk will not materially reduce the core functionality of the paid Services purchased by the applicable Customer unless Sublynk provides substantially similar replacement functionality or, as the Customer’s sole remedy, a pro rata refund or credit for prepaid, unused Fees allocable to the materially reduced Services.
  • No Support or Maintenance: Sublynk has no obligation to provide support, maintenance, updates, or other assistance except to the extent expressly stated in an applicable order form, statement of work, subscription terms, or other written agreement with Sublynk.

6. Ownership

Excluding User Content, Sublynk and its licensors own all right, title, and interest in and to the Site, Services, software, technology, workflows, designs, interfaces, content, data compilations, reports, formats, templates, analytics, and all related intellectual property rights. These Terms do not transfer to any Customer, Authorized User, Contractor User, or other person any ownership rights in the Site or Services. Sublynk reserves all rights not expressly granted in these Terms, and no rights are granted by implication. Sublynk’s names, logos, trademarks, service marks, and branding may not be used without Sublynk’s prior written permission.

7. Feedback

If any Customer, Authorized User, Contractor User, or other person provides Sublynk with feedback, comments, ideas, suggestions, requests, or recommendations regarding the Site or Services (“Feedback”), such person grants Sublynk an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, modify, commercialize, and otherwise exploit such Feedback for any purpose without restriction or compensation. Sublynk may treat Feedback as non-confidential and non-proprietary.

8. No Guarantee

Sublynk makes no guarantee, representation, or warranty as to the results, success, profitability, availability, or suitability of using the Site or Services for compliance management, credentialing, vetting, verification, reverification, contractor onboarding, vendor management, profile display, job or project searching, marketing, or any similar purpose. Sublynk does not endorse, certify, guarantee, or warrant the quality, prior work, licensing, insurance, qualifications, suitability, safety, trustworthiness, compliance, availability, or performance of any Customer, Contractor User, Subject Entity, or other third party. Sublynk does not guarantee that any individual or entity will be a good fit for any project, job, customer, contractor network, insurance program, or other business purpose, that any job or project will be available, or that any personnel will be available to perform any work.

Sublynk does not guarantee that any User Content, Verification Result, profile, job listing, badge, designation, report, reminder, alert, or other Site content is complete, accurate, current, lawful, or suitable for reliance. Each Customer, Authorized User, Contractor User, and other user remains solely responsible for its own diligence, decisions, negotiations, contracts, supervision, services, compliance obligations, and relationships.

9. User Content

  • Responsibility; Representations and Warranties: Each Customer, Authorized User, Contractor User, and any other person that submits, uploads, or otherwise provides User Content (each, a “Submitting Party”) is solely responsible for its User Content and assumes all risks associated with such User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure that identifies any person or entity. Each Submitting Party represents and warrants that: (a) it has all rights, permissions, notices, and consents necessary to submit, upload, disclose, and authorize Sublynk and other users to access, use, and process its User Content as contemplated by these Terms; (b) its User Content does not violate the Acceptable Use Policy; and (c) its User Content does not violate any applicable law, regulation, contractual obligation, or third-party right.
  • No Sublynk Endorsement of User Content: No Customer, Authorized User, Contractor User, or other person may represent or imply that any User Content is provided, sponsored, endorsed, verified, certified, or guaranteed by Sublynk, except to the extent expressly stated by Sublynk in writing. Each Submitting Party may be subject to liability if its User Content is inaccurate, incomplete, misleading, unlawful, or otherwise violates these Terms or applicable law.
  • License to User Content: Each Submitting Party grants, and represents and warrants that it has the right to grant, Sublynk an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit its User Content, and to grant sublicenses of the foregoing rights, in each case for the purposes of operating, providing, maintaining, improving, and promoting the Site and Services. User Content may be shared with or made accessible to Customers, Authorized Users, Contractor Users, Subject Entities, service providers, and other third parties as necessary to provide the Site and Services, and, where applicable, through profile pages, links, job listings, or other Site features that may be accessible without paid or approved Account access.
  • Duty to Update: Each Customer, Authorized User, Contractor User, and any other person that submits, uploads, maintains, or makes available information through the Site shall promptly correct or remove any User Content, profile, job-board content, license, insurance information, credential, certification, compliance information, marketing content, or other information made available by or on behalf of such person that is materially inaccurate, incomplete, misleading, outdated, or submitted without required rights, permissions, notices, or consents.
  • Backup and Removal: Sublynk is not obligated to back up any User Content, and User Content may be deleted, modified, restricted, or removed at any time without prior notice. Each Submitting Party is solely responsible for maintaining its own backup copies of its User Content.

10. Contractor Profiles; Shared Materials; Job-Board Functionality

  • Contractor Profiles and Limited Access Content: The Site may include Contractor User profiles, contractor search functionality, job-board content, project opportunities, summaries, Verification Results, or other information that may be available through restricted-access portions of the Site or, in limited form, without paid or approved Account access. Such content may be provided by Contractor Users, Customers, Subject Entities, or other third parties, may be incomplete or outdated, and may not reflect all information available through Sublynk or through any restricted-access portion of the Site.
  • No Responsibility for Shared or Non-Restricted Content: Sublynk does not endorse, guarantee, or assume responsibility for any contractor, subcontractor, vendor, service provider, homeowner-facing service, estimate, representation, statement, offer, communication, profile content, job-board content, Verification Result, or other information that appears on, is accessed through, is derived from, or is reproduced from the Site, whether through restricted-access functionality, contractor search functionality, a profile page, a shared link, a screenshot, a printout, a download, an excerpt, a copy, a summary, or otherwise. Sublynk does not undertake to review all such content.
  • Third-Party Interactions: Any Customer, Authorized User, Contractor User, homeowner, property owner, policyholder, consumer, or other person who contacts, hires, retains, pays, contracts with, dispatches, approves, credentials, evaluates, or otherwise interacts with a Contractor User, Subject Entity, or other third party is solely responsible for exercising independent judgment and due diligence. Any such interaction, service, project, communication, payment, contract, work, claim, or dispute is solely between the applicable persons or entities and not with Sublynk.
  • Public Search Tool and Public Access: The Site may include a public search tool or other non-login functionality that allows Public Visitors to search, filter, view, or receive a limited set of Contractor User results or profile information. Public search results may be limited, filtered, truncated, summarized, or selected based on criteria determined by Sublynk, including filter inputs, location, service type, profile completeness, available public information, or other factors. Sublynk does not guarantee that public search results are comprehensive, ranked by quality, representative of all available Contractor Users, or suitable for any particular project or purpose.
  • Contact Functionality: The Site may provide contact information or tools that allow a Public Visitor or other person to contact, request contact from, or transmit limited contact information to a Contractor User. By using such functionality, the submitting person authorizes Sublynk to share the submitted information with the applicable Contractor User or other intended recipient. Any such functionality is provided solely as a convenience and does not make Sublynk a party to any communication, transaction, project, contract, payment, or dispute between such person and the Contractor User. Sublynk does not act as a broker, agent, contractor, payment processor, escrow agent, or transaction intermediary for any services obtained from, requested from, or discussed with a Contractor User, unless Sublynk expressly agrees otherwise in writing.
  • Restricted Information: Sublynk may obfuscate, limit, redact, truncate, filter, or restrict visibility into job opportunities, contact details, findings, credentials, Verification Results, documents, or other information and may require paid access, Account approval, or additional verification before permitting full access.

11. Contractor User-Specific Obligations

Each Contractor User is solely responsible for:

  • (a) the services it offers, markets, arranges, or provides;
  • (b) the accuracy and truthfulness of its profile content, statements, credentials, licenses, insurance information, job-board content, and marketing materials;
  • (c) its compliance with all applicable laws, licensing rules, insurance requirements, advertising rules, consumer protection laws, privacy laws, and contractual obligations; and
  • (d) all interactions it has with Customers, homeowners, property owners, policyholders, insurers, subcontractors, employees, or other third parties.

Profile and Content Control: Each Contractor User is solely responsible for determining what information, links, offers, scheduling tools, contact methods, marketing content, credentials, or other materials it makes available through or in connection with the Site.

No Sublynk Backing: No Contractor User may state or imply that Sublynk sponsors, guarantees, certifies, insures, supervises, controls, employs, or stands behind the Contractor User or its services except to the extent expressly stated by Sublynk in writing.

12. Acceptable Use Policy

  • Prohibited Content: Each Customer, Authorized User, Contractor User, and any other person using the Site agrees not to use the Site to collect, upload, transmit, display, or distribute any User Content:
    • (a) that violates any third-party right, including any intellectual property right, privacy right, publicity right, proprietary right, or contractual right;
    • (b) that violates any applicable law, regulation, or data protection or privacy law;
    • (c) that includes personal data, personal information, or sensitive personal information of any third party without all required rights, permissions, notices, and consents, or in a manner that violates applicable law or contractual obligations;
    • (d) that includes sensitive personal information, such as government-issued identification numbers, financial account information, authentication credentials, or similar data, except to the extent expressly required for the use of the Services and submitted in accordance with these Terms;
    • (e) that is unlawful, fraudulent, misleading, deceptive, defamatory, harassing, abusive, invasive of privacy, or otherwise objectionable;
    • (f) that is submitted without all required rights, notices, and consents, including where such submission would violate any confidentiality obligation, insurance requirement, licensing requirement, or regulatory requirement applicable to such information; or
    • (g) that misrepresents, falsifies, omits, or materially distorts information relating to licensing, insurance, certifications, qualifications, background checks, or other compliance-related matters.
  • Prohibited Conduct: Each Customer, Authorized User, Contractor User, and any other person using the Site agrees not to:
    • (a) upload, transmit, or distribute any virus, worm, Trojan horse, ransomware, malware, or other software or code intended to damage, disrupt, intercept, or alter any system, data, or network;
    • (b) send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or similar communications through the Site;
    • (c) harvest, collect, scrape, extract, or assemble information or data from the Site or regarding other users or third parties except as expressly permitted by the Site’s intended functionality;
    • (d) interfere with, disrupt, overload, or impose an unreasonable burden on the Site or any systems or networks connected to the Site;
    • (e) attempt to gain unauthorized access to the Site, any Account, or any systems, networks, data, or information connected to or used with the Site;
    • (f) harass, threaten, interfere with, or disrupt any other user’s access to or use of the Site;
    • (g) use bots, scrapers, crawlers, automated agents, scripts, or similar tools to access the Site, create accounts, generate requests, extract data, or perform searches, except as expressly permitted by Sublynk in writing;
    • (h) use the Site or any data obtained from the Site, including profiles, Verification Results, job listings, reports, summaries, or other information, to build, train, improve, benchmark, validate, or support any competing product, service, dataset, model, system, or business; or
    • (i) circumvent, disable, or interfere with any security, access-control, payment, subscription, obfuscation, redaction, or usage-limit feature of the Site.
  • Enforcement: Sublynk reserves the right, but has no obligation, to review, refuse, remove, restrict, or modify any User Content in its sole discretion, including User Content that Sublynk determines is inaccurate, misleading, outdated, incomplete, unlawful, inconsistent with applicable compliance, credentialing, or verification requirements, or otherwise violates these Terms. Sublynk may investigate any suspected violation of this Acceptable Use Policy or these Terms and may take any action it deems appropriate, including suspending or terminating access to the Site, terminating Accounts, preventing a user or its affiliates from creating Accounts, restricting access to User Content, notifying affected users or third parties, reporting conduct to law enforcement or regulators, and pursuing available legal remedies. Each Customer is responsible for all acts and omissions of its Authorized Users, agents, representatives, and any other person accessing the Site through or on behalf of the Customer.

13. Third-Party Resources; Third-Party Data Sources; Other Users; Release

  • Third-Party Resources: The Site may contain, link to, integrate with, or otherwise make available third-party websites, software, payment services, job boards, maps, calendars, background or credentialing services, carrier or licensing resources, contractor websites, advertisements, promoted content, and other external resources, collectively, “Third-Party Resources.” Third-Party Resources are not under Sublynk’s control.
  • No Responsibility for Third-Party Resources: Sublynk provides access to Third-Party Resources only as a convenience. Sublynk does not control, review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Resources, including their content, accuracy, availability, legality, privacy practices, terms, or security. Any access to or use of Third-Party Resources is at the user’s own risk and subject to the applicable third party’s terms and policies.
  • Third-Party Data Sources: The Services may rely on information obtained from Subject Entities, Customers, Contractor Users, insurers, brokers, licensing authorities, government agencies, screening vendors, databases, and other third parties. Sublynk does not control such sources and is not responsible for any delay, error, omission, inaccuracy, incompleteness, or outdated information supplied by any such source. Sublynk does not guarantee that information obtained from or through any third-party source is complete, accurate, current, lawful, or suitable for any purpose.
  • Other Users and Third Parties: Each Customer, Authorized User, Contractor User, Subject Entity, and other person using or interacting through the Site is solely responsible for its own User Content, communications, services, offers, representations, statements, job postings, profile content, and interactions with other users or third parties. Sublynk does not control User Content or the conduct of users or third parties and is not responsible for any User Content, whether provided by a Customer, Contractor User, Subject Entity, or any other person.
  • Interactions and Disputes: Any interactions, transactions, projects, services, communications, payments, or disputes between or among Customers, Authorized Users, Contractor Users, Subject Entities, homeowners, property owners, policyholders, insurers, brokers, vendors, service providers, or other third parties are solely between those persons or entities and not with Sublynk. Sublynk has no obligation to become involved in, mediate, investigate, resolve, or otherwise participate in any such dispute.
  • Release: To the maximum extent permitted by law, each Customer, Authorized User, Contractor User, and other person using the Site releases and forever discharges Sublynk and the Sublynk Parties from each past, present, and future dispute, claim, controversy, demand, liability, action, and cause of action of every kind and nature, whether known or unknown, arising out of or relating to: (a) any Third-Party Resource; (b) any third-party data source; (c) any User Content, Verification Result, profile, link, job listing, communication, offer, or other Site content; (d) any act or omission of any Customer, Contractor User, Subject Entity, homeowner, property owner, policyholder, insurer, broker, vendor, service provider, or other third party; or (e) any interaction, transaction, project, service, payment, dispute, injury, death, property damage, or other harm involving any user or third party.
  • Unknown Claims: The release above applies to all claims, whether known or unknown, suspected or unsuspected. To the maximum extent permitted by law, each releasing party waives any law or doctrine that would otherwise limit the effect of that release, including California Civil Code Section 1542.

14. Indemnification

  • General Indemnity: Each Customer, Authorized User, Contractor User, and any other person using the Site agrees to defend, indemnify, and hold harmless Sublynk and the Sublynk Parties from and against any and all claims, demands, actions, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) such person’s access to or use of the Site or Services; (b) such person’s violation of these Terms; (c) such person’s violation of applicable law or third-party rights; or (d) such person’s User Content or any information, documents, credentials, licenses, insurance materials, background-check information, or other data submitted by or on behalf of such person.
  • Contractor User Indemnity: Each Contractor User further agrees to defend, indemnify, and hold harmless Sublynk and the Sublynk Parties from and against any and all claims, demands, actions, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) any services, products, estimates, offers, communications, representations, or other materials provided, offered, marketed, performed, or made available by or on behalf of the Contractor User; (b) any act or omission, including negligence, misconduct, misrepresentation, breach of contract, or violation of law, by the Contractor User or its personnel; (c) any interaction, transaction, project, service, or dispute involving the Contractor User and any Customer or third party; or (d) any claim that Sublynk is responsible for the Contractor User, its services, personnel, materials, or conduct. This indemnity includes any claim brought by a homeowner, property owner, policyholder, consumer, or other third party arising from such person’s viewing of, reliance on, or interaction with any profile, link, job-board content, marketing content, or other information associated with the Contractor User.
  • Control of Defense: The indemnifying party will control the defense of any indemnified claim using counsel reasonably acceptable to Sublynk. Sublynk may participate in the defense with counsel of its choosing at its own expense. Sublynk may assume control of the defense if the claim could materially affect Sublynk’s rights, reputation, business, or platform operations, or if the indemnifying party fails to defend the claim diligently. No indemnifying party may settle any claim without Sublynk’s prior written consent if the settlement imposes any obligation on Sublynk, requires any admission by Sublynk, restricts Sublynk’s business, or does not include a full release of Sublynk.
  • Survival; No Limitation: The obligations in this Section will survive termination of these Terms and are in addition to, and do not limit, any other rights or remedies available to Sublynk under these Terms or applicable law.

15. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SUBLYNK AND THE SUBLYNK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

SUBLYNK AND THE SUBLYNK PARTIES MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

WITHOUT LIMITING THE FOREGOING, SUBLYNK DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING ANY VERIFICATION RESULTS, USER CONTENT, SUBJECT ENTITY INFORMATION, PROFILE, LINK, JOB LISTING, BADGE, DESIGNATION, REVERIFICATION REMINDER, THIRD-PARTY DATA, SCREENING RESULT, LICENSE INFORMATION, INSURANCE INFORMATION, OR OTHER COMPLIANCE-RELATED INFORMATION MADE AVAILABLE THROUGH OR DERIVED FROM THE SITE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

16. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUBLYNK OR THE SUBLYNK PARTIES BE LIABLE TO ANY CUSTOMER, AUTHORIZED USER, CONTRACTOR USER, SUBJECT ENTITY, OR OTHER PERSON FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, USER CONTENT, VERIFICATION RESULTS, OR ANY USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF SUBLYNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBLYNK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE AMOUNTS PAID TO SUBLYNK FOR THE ACCOUNT, SUBSCRIPTION, OR SERVICES GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF NO AMOUNTS WERE PAID TO SUBLYNK FOR THE ACCOUNT, SUBSCRIPTION, OR SERVICES GIVING RISE TO THE CLAIM, SUBLYNK’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED $100.

WITHOUT LIMITING THE FOREGOING, SUBLYNK SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO:

  • (A) ANY ACT OR OMISSION OF ANY CUSTOMER, AUTHORIZED USER, CONTRACTOR USER, SUBJECT ENTITY, HOMEOWNER, PROPERTY OWNER, POLICYHOLDER, INSURER, BROKER, VENDOR, SERVICE PROVIDER, OR OTHER THIRD PARTY;
  • (B) ANY SERVICES OFFERED, MARKETED, ARRANGED, PERFORMED, OR FAILED TO BE PERFORMED BY A CONTRACTOR USER OR OTHER THIRD PARTY;
  • (C) ANY DECISION TO HIRE, RETAIN, APPROVE, CREDENTIAL, DISPATCH, OR INTERACT WITH ANY SUBJECT ENTITY OR CONTRACTOR USER;
  • (D) ANY PROFILE, LINK, JOB LISTING, SCREENSHOT, PRINTOUT, DOWNLOAD, EXCERPT, COPY, SUMMARY, VERIFICATION RESULT, OR OTHER INFORMATION MADE AVAILABLE THROUGH OR DERIVED FROM THE SITE; OR
  • (E) ANY LAPSE, INSUFFICIENCY, INACCURACY, OR NON-RENEWAL OF ANY LICENSE, INSURANCE POLICY, CERTIFICATION, BACKGROUND CHECK, OR OTHER COMPLIANCE-RELATED INFORMATION.

THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

17. Term and Termination

  • Term: These Terms remain in effect while any Customer, Authorized User, Contractor User, or other person accesses or uses the Site or Services.
  • Suspension and Termination: Sublynk may suspend or terminate access to the Site or Services, including any Account, at any time if Sublynk determines that a Customer, Authorized User, Contractor User, or other user has violated these Terms, failed to pay Fees when due, created risk or potential liability for Sublynk or any other person, or used the Site or Services in a manner inconsistent with their intended purpose. Sublynk may also suspend or terminate access as otherwise permitted under any applicable order form, subscription terms, statement of work, or other written agreement.
  • Effect of Termination: Upon termination of access to the Site or Services, the applicable rights to access and use the Site and Services will immediately cease. Termination may involve deletion, restriction, or removal of User Content associated with an Account, subject to Sublynk’s legal, operational, and backup-retention practices. Sublynk will not be liable for any suspension or termination of access, Account termination, or deletion or restriction of User Content in accordance with these Terms.
  • Fees: Termination will not relieve any Customer or other responsible party of any obligation to pay Fees or other amounts that accrued or became payable before termination, or that are otherwise committed, non-cancellable, or non-refundable under the applicable order form, subscription terms, statement of work, or other written agreement. Except as expressly stated in the applicable written agreement, termination will not entitle any Customer or other responsible party to any refund, credit, or cancellation of Fees.
  • Survival: Any provision of these Terms that by its nature should survive termination will survive, including provisions relating to Fees, ownership, restrictions on use, User Content licenses, disclaimers, limitations of liability, indemnification, releases, dispute resolution, notices, and general interpretive provisions.

18. Notice

  • Notices to Sublynk: Legal notices to Sublynk must be sent to:
  • Sublynk Inc.
  • 5610 Ward Rd, Suite 300
  • Arvada, CO 80002
  • Email: legal@sublynk.com
  • Notices to Users: Sublynk may provide notices by email, through the Site, through an Account, by posting on the Site, or by other reasonable means. Notices sent by email will be deemed given when sent to the last email address provided to Sublynk, whether or not the email address remains current.
  • Electronic Communications: Communications between Sublynk and users may occur electronically. Each Customer, Authorized User, Contractor User, and other person using the Site consents to receive notices, disclosures, agreements, and other communications electronically, and agrees that such electronic communications satisfy any legal requirement that the communication be in writing, except to the extent prohibited by law.

19. Changes to Terms

Sublynk may update these Terms from time to time. If Sublynk makes material changes, it may provide notice by email, through the Site, by posting notice on the Site, or by other reasonable means. Changes will be effective when posted or as otherwise stated in the notice. Continued access to or use of the Site or Services after the effective date of any changes constitutes acceptance of the updated Terms. If any Customer, Authorized User, Contractor User, or other person does not agree to the updated Terms, such person must stop using the Site and Services.

20. Dispute Resolution

  • Applicability: Please read this Section carefully. It requires most disputes to be resolved by binding arbitration on an individual basis and limits the manner in which claims may be brought. Each person or entity bound by these Terms and Sublynk agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Site, the Services, any Account, User Content, Verification Results, any interaction with another user or third party through or in connection with the Site, or any relationship with Sublynk, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including disputes arising before or after termination of these Terms, will be resolved in accordance with this Section (each, a “Dispute”).
  • Informal Dispute Resolution: Before initiating any Dispute, the party asserting the Dispute must provide written notice to the other party describing the Dispute in reasonable detail and identifying the relief sought. Notice to Sublynk must be sent to the contact information listed in Section 18.1, unless Sublynk designates a different address or email address for legal notices. The parties will attempt in good faith to resolve the Dispute for 30 days after receipt of notice. This informal resolution process is a condition precedent to arbitration and small claims proceedings, but does not apply to actions to collect undisputed amounts owed or claims seeking temporary, preliminary, or emergency injunctive relief.
  • Binding Arbitration: If the parties do not resolve the Dispute through the informal process described above, either party may submit the Dispute to final and binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures, except that any claim exceeding $250,000, exclusive of attorneys’ fees and interest, will be administered under the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted by a single neutral arbitrator. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement.
  • Arbitration Location and Procedure: Unless the parties agree otherwise, the arbitration will be conducted remotely by video conference or, if an in-person hearing is required, in Denver, Colorado. The arbitrator may permit limited discovery reasonably necessary to resolve the Dispute, consistent with the expedited and cost-effective nature of arbitration. The arbitration and all filings, evidence, testimony, materials, and awards in the arbitration will be confidential, except to the extent disclosure is required by law or necessary to confirm, enforce, or challenge an arbitration award.
  • Authority of Arbitrator: The arbitrator will have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that any dispute regarding the enforceability, scope, or violation of Section 20.8 will be decided only by a court of competent jurisdiction and not by the arbitrator. The arbitrator may award only those remedies available to an individual party under applicable law and these Terms, subject to the limitations of liability and other limitations set forth in these Terms. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
  • Exceptions: Notwithstanding the foregoing, either party may:
    • (a) bring an individual claim in small claims court if the claim qualifies and remains on an individual, non-class, non-representative, and non-consolidated basis;
    • (b) bring an action in court, arbitration, or small claims court to collect undisputed amounts owed under these Terms or any applicable order form, subscription, statement of work, or other written agreement; or
    • (c) seek temporary, preliminary, emergency, or other injunctive or equitable relief in court to protect intellectual property, confidential information, data, security, access rights, platform operations, or other rights or interests for which monetary damages would be inadequate.
    Seeking such relief will not waive either party’s right to arbitration for other claims.
  • Governing Law; Court Venue: These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-laws rules that would require the application of the laws of another jurisdiction. Subject to the arbitration agreement in this Section 20, any court proceeding arising out of or relating to these Terms, the Site, the Services, or any Dispute, including any proceeding to compel arbitration, stay litigation, confirm, modify, vacate, or enforce an arbitration award, seek temporary, preliminary, or emergency injunctive relief, or resolve any claim or request for relief that is not subject to arbitration, will be brought exclusively in the state or federal courts located in Denver County, Colorado. Each party consents to the personal jurisdiction and venue of those courts and waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum.
  • No Class, Collective, Representative, Mass, Consolidated, or Multi-Party Proceedings: To the maximum extent permitted by law, each person or entity bound by these Terms and Sublynk may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any class, collective, representative, private attorney general, mass, consolidated, coordinated, or multi-party action, arbitration, or other proceeding. No arbitration or proceeding may be joined, consolidated, coordinated, batched, administered collectively, or combined with any other arbitration or proceeding without Sublynk’s prior written consent. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. If this Section 20.8 is found unenforceable as to any claim or request for relief, that claim or request for relief will be severed and brought only in a court of competent jurisdiction, and all remaining claims will be arbitrated on an individual basis.
  • Jury Trial Waiver: To the maximum extent permitted by law, each person or entity bound by these Terms and Sublynk knowingly and voluntarily waive any right to a trial by jury in any proceeding arising out of or relating to these Terms, the Site, the Services, or any Dispute, whether resolved in arbitration or in court.
  • Attorneys’ Fees and Costs: Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator determines that applicable law or these Terms require otherwise. If either party initiates a court proceeding to collect undisputed amounts owed, compel arbitration, stay litigation, enforce this Section, or confirm, modify, or vacate an arbitration award, the prevailing party in such proceeding will be entitled to recover its reasonable attorneys’ fees and costs.

21. Assignment

No Customer, Authorized User, Contractor User, Public Visitor, or other person bound by these Terms may assign, delegate, or otherwise transfer these Terms or any rights or obligations under these Terms, whether by operation of law or otherwise, including in connection with any merger, reorganization, sale of all or substantially all assets, change of control, or similar transaction, without Sublynk’s prior written consent, and any attempted assignment, delegation, or transfer in violation of this Section will be null and void. Sublynk may assign these Terms freely. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

22. Force Majeure

Sublynk will not be liable for any delay, failure in performance, loss, damage, interruption, or unavailability arising out of or relating to any cause beyond Sublynk’s reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic, pandemic, public health emergency, war, terrorism, civil unrest, labor disputes, supply-chain interruptions, utility failures, internet or telecommunications failures, hosting provider or cloud-service failures, denial-of-service attacks, malware or other malicious code, cyber incidents, changes in law, governmental actions, public-agency delays or unavailability, failures or delays of third-party service providers, insurers, brokers, licensing authorities, screening vendors, databases, or other third-party data sources, or any other event beyond Sublynk’s reasonable control.

23. Export Compliance; U.S.-Only Use

The Site and Services are intended for use in the United States only. The Site, Services, software, technology, and related information may be subject to U.S. export control, sanctions, and trade laws. Each Customer, Authorized User, Contractor User, Public Visitor, and other person accessing or using the Site agrees not to access, use, export, reexport, transfer, or make available any portion of the Site, Services, software, technology, or related information in violation of any applicable export control, sanctions, or trade law. Without limiting the foregoing, no person may access or use the Site or Services from, or on behalf of any person or entity located in, any country, region, or jurisdiction subject to comprehensive U.S. sanctions, or if such person or entity is listed on any U.S. government restricted-party list.

24. General Terms

  • Entire Agreement: These Terms, together with any policies or additional terms incorporated by reference, constitute the entire agreement between each person or entity bound by these Terms and Sublynk regarding the Site and Services and supersede all prior or contemporaneous agreements, proposals, or communications, whether written or oral, relating to such subject matter.
  • Order of Precedence; Separate Agreements: Any separate written agreement between Sublynk and a Customer or other party will supplement these Terms and will not modify, limit, or supersede these Terms unless such agreement expressly and specifically identifies the provision of these Terms it overrides and states that it is intended to override such provision. In the absence of such express statement, these Terms will control.
  • No Waiver: Sublynk’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by Sublynk to be effective.
  • Severability: If any provision of these Terms is held to be invalid, illegal, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and modified to the minimum extent necessary to make it valid and enforceable. If such modification is not permitted, the invalid, illegal, void, or unenforceable provision will be severed, and the remaining provisions of these Terms will remain in full force and effect.
  • No Third-Party Beneficiaries: These Terms are for the benefit of Sublynk and the persons and entities bound by these Terms and are not intended to confer any rights, remedies, or benefits on any third party, except for the Sublynk Parties.
  • Interpretation: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Unless the context requires otherwise, words in the singular include the plural and words in the plural include the singular. References to “or” are not exclusive. These Terms will not be construed against Sublynk by reason of drafting or preparation.