Terms & Conditions

Terms of Service

1. Introduction

Welcome to Tool Tackle LLC DBA Pinch Estimating (“we,” “our,” “us,” or the “Company”). By accessing or using our website pinchestimating.com (the “Site”), you agree to comply with and be bound by the following Terms of Service (the “Terms”). If you do not agree to these Terms, you must not use our Site or services.

2. Acceptance of Terms

By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. This acceptance creates a legally binding agreement between you and the Company.

3. No Warranties

All products and services provided through our Site are provided on an "as is" and "as available" basis. The Company makes no warranties or representations of any kind, whether express or implied, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement of intellectual property rights
Any warranties arising from the course of dealing or usage of trade

We do not warrant that the Site, products, or services will meet your requirements, be uninterrupted, secure, or error-free, or that any defects will be corrected.

4. Limitation of Liability

In no event shall Tool Tackle LLC DBA Pinch Estimating, its affiliates, partners, directors, employees, or agents be liable for:

Any direct, indirect, incidental, special, consequential, or punitive damages
Any other damages of any kind, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses
Any damages arising out of or related to your use of the Site, products, or services, regardless of whether based on warranty, contract, tort (including negligence), or any other legal theory, and regardless of whether we have been advised of the possibility of such damages

5. Indemnification

You agree to indemnify, defend, and hold harmless Tool Tackle LLC/DBA Pinch Estimating, its affiliates, partners, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

Your use of the Site
Your violation of these Terms
Your violation of any rights of another party

This indemnification obligation will survive the termination of these Terms and your use of the Site.

6. User Responsibilities

You agree that you are responsible for your own conduct while using our Site and for any consequences thereof. You agree to use the Site only for purposes that are:

Legal
Proper
In accordance with these Terms
In accordance with any applicable laws or regulations

You agree not to engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site.

7. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of Pennsylvania, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania.

8. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of any changes to these Terms will be deemed your acceptance of those changes.

9. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid and enforceable. The remaining provisions of these Terms shall continue in full force and effect.

10. Entire Agreement

These Terms constitute the entire agreement between you and Tool Tackle LLC/ DBA Pinch Estimating regarding the use of the Site and supersede any prior agreements between you and Tool Tackle LLC DBA Pinch Estimating relating to your use of the Site.

11. Termination

We reserve the right to terminate or suspend your access to the Site, with or without notice, for any reason, including but not limited to your breach of these Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at 1-800-857-2305 Ext 201.

13. General Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

Restrict, suspend or terminate your access to all or any part of our Site
Change, suspend or discontinue all or any part of our products or Site
Refuse, move, or remove any content that is available on all or any part of our Site
Deactivate or delete your accounts
Establish general practices and limits concerning use of our Site

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

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 the Site. Tool Tackle LLC/DBA Pinch Estimating content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of DBA Pinch Estimating/Tool Tackle LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tool Tackle LLC Short Name Pinch Estimating or our licensors except as expressly authorized by these Terms.

Terms and Conditions

Use of Estimates

By using our services, you agree that Tool Tackle LLC/DBA Pinch Estimating is permitted to use the estimates created for you from your traditional project estimates, including both hourly and fixed-rate estimates, for purposes outside of our website and allow Pinch Estimating to use them for Buy Bids services and category on our website. Please note that while we may use the structure and format of the estimates, spreadsheets, plan markups and bid proposal information for sale on our website we will not use any specific business information, logo, material costs, or labor costs associated with your projects in these listings. Your proprietary data will remain confidential and will not be disclosed.