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SERVICE PRO TERMS OF USE

Last Modified: June 01, 2026

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These PreQual DIRECT Service Pro Terms of Use (“Terms”) govern your access and use of ProfileGorilla (“we”, “our”, “us”) websites and services (collectively, the “Services”). By using the services, you represent and warrant that you are at least 18 years old and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms and, in that capacity, you hereby bind that organization to these Terms.  Where you are using the Services on behalf of an organization, “you” and “your” refer to that organization, and the organization is responsible for your usage of the Services, including any violation of these Terms, federal, state, or local laws.  We may amend these Terms at any time by posting a revised version of these Terms.  If you do not agree to all these Terms, or if you are not authorized to bind the entity on whose behalf you access or use the Services, you may not access or use the Services.

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DEFINITIONS

  1. “Accept Fee” is defined as any applicable fee for accepting a Matter from our PreQual DIRECT solution.  If an Accept Fee applies, it will be displayed in the communication that allows the Service Pro to accept or reject the Matter.    

  2. “Account” is defined as a registered account with ProfileGorilla for access to the Services.

  3. “Active Client(s)” is defined as the PreQual DIRECT Portals that the Service Pro approves for their company to be listed for selection by Authorized Users.

  4. "Authorized User(s)" is defined as any individual authorized to access or use the Services.   Authorized Users may include Public Users or Enterprise Clients.

  5. “Enterprise Client(s)” is defined as representatives from entities such as, but not limited to, insurance carriers, state grant programs, or other Service Pros.

  6. “Matter(s)” is defined as an assignment, engagement, opportunity, or task sent to the Service Pro from our PreQual DIRECT solution, where that Matter can be accepted or rejected by the Service Pro.

  7. “PreQual DIRECT” is defined as a Service Pro lookup and selection solution in which Authorized Users can search for, select, and transmit Matters to the Service Pro. 

  8. “PreQual DIRECT Portal(s)” is defined as each PreQual DIRECT website set up to allow Authorized Users to use the Services. 

  9. “Profile” is defined as a system record that contains information about your company, including any applicable Vetting information completed by ProfileGorilla.  

  10. “ProfileGorilla” is defined as ProfileGorilla’s affiliates, officers, directors, unit holders, members, employees, agents, subcontractors, successors, and permitted assigns.

  11. “Public User(s)” is defined as any person who, without logging into a paid or approved Account, accesses and uses the PreQual DIRECT solution to select a Service Pro for a Matter.  Public Users may include homeowners, property owners, policyholders, consumers, or other members of the public.

  12. “Reject Fee” is defined as an applicable fee for rejecting a Matter from our PreQual DIRECT solution.   If a Reject Fee applies, it will be displayed in the communication that allows the Service Pro to accept or reject the Matter.

  13. “Service Pro” is defined as you, who represents a company that provides service(s), such as, but not limited to, Contracting, Engineering, Expert Services, Consulting, Contents Services, Testing Services, Inspections, Temp Housing Services, Tree Removal, Leak Detection, etc.

  14. “The Parties” is defined as ProfileGorilla and the Service Pro.

  15. “Third-Party Source(s)” is defined as information obtained from Active Clients, Enterprise Clients, insurers, brokers, licensing authorities, government agencies, screening vendors, databases, and other third parties for the purpose of Vetting.  ProfileGorilla does not control such sources and is not responsible for any delay, error, omission, inaccuracy, incompleteness, or outdated information supplied by any such source. ProfileGorilla does not guarantee that information obtained from or through any third-party source is complete, accurate, current, lawful, or suitable for any purpose.  ProfileGorilla will use commercially reasonable efforts to ensure any Third-Party Source used for Vetting is a trusted and reputable source of Vetting information.

  16. “Vetting” is defined as the processes and procedures used by ProfileGorilla to confirm the presence of and alignment with the Service Pros Active Client’s credentialing and compliance requirements.   
    ProfileGorilla shall use commercially reasonable efforts to ensure that all Vetting information relating to Service Pro is accurate based on the quality and accuracy of the information made available to ProfileGorilla by the Service Pro and other Third-Party Sources as of the time the applicable review, collection, or check was performed.

 

ACCOUNT

  1. ProfileGorilla Account.  To access the Services, you must register your company for an Account.   In this Account, you will have a Profile created for each physical operating location you indicate you want to be enrolled in the Services.   You may request cancellation of your Account at any time for any reason.  ProfileGorilla may suspend or terminate your Account if you violate any of the Terms.  

  2. Account Authority.  You represent and warrant that you have the necessary rights, consent, notices, permissions, and authority to provide information on your company, whether the information relates to you, your organization, or any third party, including contractors, subcontractors, vendors, employees, applicants, or other individuals or entities.

  3. Account Payment Method.   If the Service Pro is activated to receive Matters from the Service, the Service Pro will maintain an active credit card in your Account and ensure it is not delinquent on its payment obligations and applicable fees related to assigned Matters.  Credit Card “disputes” or “charge backs” related to any fees charged by ProfileGorilla for the Services will result in the immediate suspension of your Account.   Refund requests should follow the process outlined below in Section 2.d.

  4. Refunds. Service Pro must request any desired refund, and ProfileGorilla will review each request on a case-by-case basis with no guarantee of approval.  Service Pro is responsible for performing a commercially reasonable due diligence on an assigned Matter prior to accepting it to minimize the need for refund requests.   Refund requests should be submitted within 5 business days of receiving the Matter.  Repeated refund requests may result in suspension of the Service Pro’s access to the Services.

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​SERVICE PRO ACKNOWLEDGMENTS

  1. Lapses in Insurance or Licenses.  Service Pro acknowledges that accepting Matters while any required Insurance or Licenses have lapsed or accepting Matters for services or territories you are not adequately insured or licensed in, can and will result in suspension of the Service Pro’s access to the Services.

  2. No ProfileGorilla Endorsement.  Service Pro acknowledges that it may not state or imply that ProfileGorilla sponsors, guarantees, certifies, insures, supervises, controls, employs, or stands behind the Service Pro or its services unless expressly stated in writing by ProfileGorilla.

  3. Information Accuracy.  Service Pro acknowledges that (a) all information you provide is truthful, accurate, current, and complete; and (b) you will keep this information up to date.

  4. Sole Responsibility.  Service Pro acknowledges 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; (c) its compliance with all applicable laws, licensing rules, insurance requirements, advertising rules, consumer protection laws, privacy laws, and contractual obligations; (d) all interactions it has with customers, homeowners, property owners, policyholders, insurers, subcontractors, employees, or other third parties; and (e) any interactions, transactions, projects, services, communications, payments, or disputes between or among customers, Authorized Users,  homeowners, property owners, policyholders, insurers, brokers, vendors, service providers, or other third parties are solely between those persons or entities and not with ProfileGorilla. ProfileGorilla has no obligation to become involved in, mediate, investigate, resolve, or otherwise participate in any such dispute.

  5. Service Pro Selection.  Service Pro acknowledges that PreQual+ DIRECT is NOT a Managed Repair or Direct Repair Program, and ProfileGorilla does not offer these services.   ProfileGorilla does not determine or influence the selection of a Service Pro by an Authorized User or Public User using the Services.

  6. Circumvention.  Service Pro acknowledges that rejecting an assigned Matter to avoid any applicable Accept Fee and then pursuing the Matter outside of the Services may result in suspension of the Service Pro’s access to the Services.

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TERM AND TERMINATION

  1. Term.  These Terms remain in effect while the Service Pro accesses or uses the Services.

  2. Suspension and Termination. ProfileGorilla may suspend or terminate access to the Services, including any Account, at any time if ProfileGorilla determines that the Service Pro has violated these Terms, failed to pay fees when due, created risk or potential liability for ProfileGorilla or any other person, or used the Services in a manner inconsistent with their intended purpose. ProfileGorilla may also suspend or terminate access as otherwise permitted under any applicable order form, subscription terms, statement of work, or other written agreement.

  3. Effect of Termination. Upon termination of access to the Services, the applicable rights to access and use the Services will immediately cease. Termination may involve deletion, restriction, or removal of User Content associated with the Service Pro, subject to ProfileGorilla’s legal, operational, and backup-retention practices.  ProfileGorilla will not be liable for any suspension or termination of access, Account termination, or deletion or restriction of the Service’s Account in accordance with these Terms.

  4. Payment Obligations.  Termination will not relieve the Service Pro 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 these Terms. Except as expressly stated in these Terms, termination will not entitle the Service Pro to any refund, credit, or cancellation of Fees.

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MISCELLANEOUS PROVISIONS

  1. Relationship between Service Pro and ProfileGorilla.   The Parties represent and warrant that they are independent entities with no authority to contract for each other or in any way to bind or to commit each other to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of each other.  Under no circumstances shall The Parties, or any of their staff, if any, hold themselves out as or be considered an agent, employee, joint venture, or partner of each other.

  2. Governing Law.  These Terms shall be governed by the laws of the State of Florida. All claims arising out of or related to these Terms must be litigated exclusively in the federal or state courts of Duval County, Florida, and the Parties consent to venue and personal jurisdiction there.

  3. Disputes.  If a dispute arises out of or relates to these Terms, or the alleged breach thereof, and if the dispute is not settled through negotiation, the Parties agree first to try in good faith to resolve the dispute by binding arbitration within 30 days in Duval County, Florida. The process shall be confidential, subject to terms acceptable to the arbitration service provider.  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.

  4. Compliance with Laws.  Both parties agree to comply with all applicable federal, state, and local laws, executive orders, and regulations issued, where applicable.

  5. Force Majeure; Excused Performance.  Neither Party shall be liable for delays or any failure to perform the Services or the Terms due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, pandemic, flood, or other natural catastrophe, governmental legislation, acts, orders, or regulations, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed Party.  Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed Party.  However, the delayed Party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. The delayed Party must notify the other Party promptly upon the occurrence of any such event, or performance by the delayed Party will not be considered excused pursuant to this Section, and inform the other Party of its plans to resume performance.

  6. No Guarantee.  ProfileGorilla does not guarantee Service Pro will receive any Matters, that assigned Matters will lead to business opportunities, or that payment will be made for any work performed on that Matter.

  7. No Waiver.  The failure of either Party at any time to require performance by the other Party of any provision of these Terms shall in no way affect that Party’s right to enforce such provisions, nor shall the waiver by either Party of any breach of any provision of these Terms be taken or held to be a waiver of any further breach of the same provision.

  8. Limited License.   By agreeing to the Terms and Conditions of this Agreement, ProfileGorilla grants the Service Pro a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Service Pro acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit the Website (or any of the content therein) or Services for any commercial or other purpose, without the express written consent of ProfileGorilla.

  9. Non-Disparagement.  The Parties agree that neither shall make, publish, nor communicate to any person or entity or in any public forum any disparaging or defamatory comments, whether written or oral, about the other Party.  Both Parties acknowledge that this clause is mutual and applies equally to both Parties.

  10. No Warranty.   The Services are provided on an “as is” and “as available” basis.   ProfileGorilla expressly disclaims 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.   Without limiting the foregoing, ProfileGorilla disclaims all warranties and representations regarding any verification results, Service Pro content, subject entity information, profile, designation, 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.

  11. Entire Agreement.  These Terms, together with any policies or additional terms incorporated by reference, constitute the entire agreement between the parties and supersede any and all previous representations, understandings, or agreements between Service Pro and ProfileGorilla as to the subject matter hereof. These Terms shall be construed without regard to the party that drafted them.  Any ambiguity shall not be interpreted against either Party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.  Any separate written agreement between ProfileGorilla and the Service Pro will supplement these Terms and will not modify, limit, or supersede these Terms unless such agreement expressly and specifically states that it is intended to override these Terms. In the absence of such an express statement, these Terms will control.

  12. 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.

  13. Survival.  Any provision of these Terms that by its nature should survive termination will survive, including provisions relating to fees, ownership, restrictions on use, licenses, disclaimers, limitations of liability, indemnification, releases, dispute resolution, notices, and general interpretive provisions.

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INDEMNIFICATION

  1. General Indemnity.  The Service Pro using the Services agrees to defend, indemnify, and hold harmless ProfileGorilla 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) Service Pro’s access to or use of the Services; (b) Service Pro’s violation of these Terms; (c) Service Pro’s violation of applicable law or third-party rights; or (d) Service Pro’s information, documents, credentials, licenses, insurance materials, background-check information, or other data submitted by or on behalf of such person.

  2. Service Pro Indemnity.  Service Pro further agrees to defend, indemnify, and hold harmless ProfileGorilla 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 Service Pro; (b) any act or omission, including negligence, misconduct, misrepresentation, breach of contract, or violation of law, by the Service Pro or its personnel; (c) any interaction, transaction, project, service, or dispute involving the Service Pro and any Customer or third party; or (d) any claim that ProfileGorilla is responsible for the Service Pro, 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 use of the Services associated with the Service Pro.

  3. Control of Defense. The indemnifying party will control the defense of any indemnified claim using counsel reasonably acceptable to ProfileGorilla.  ProfileGorilla may participate in the defense with counsel of its choosing at its own expense.  ProfileGorilla may assume control of the defense if the claim could materially affect ProfileGorilla’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 ProfileGorilla’s prior written consent if the settlement imposes any obligation on ProfileGorilla, requires any admission by ProfileGorilla, restricts ProfileGorilla’s business, or does not include a full release of ProfileGorilla.

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LIMITATION ON LIABILITY

​TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROFILEGORILLA BE LIABLE TO ANY SERVICE PRO 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 SERVICES, SERVICE PRO CONTENT, VERIFICATION RESULTS, OR ANY USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PROFILEGORILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFILEGORILLA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE AMOUNTS PAID TO PROFILEGORILLA 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 PROFILEGORILLA FOR THE ACCOUNT, SUBSCRIPTION, OR SERVICES GIVING RISE TO THE CLAIM, PROFILEGORILLA’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED $100, REGARDLESS OF THE NUMBER OF CLAIMS.

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

  1. ANY ACT OR OMISSION OF ANY AUTHORIZED USER OR PUBLIC USER IN THEIR USAGE OF THE SERVICES OR THEIR ENGAGEMENT WITH THE SERVICE PRO THROUGH THE SERVICES;

  2. ANY SERVICES OFFERED, MARKETED, ARRANGED, PERFORMED, OR FAILED TO BE PERFORMED BY A SERVICE PRO;

  3. ANY LAPSE, INSUFFICIENCY, INACCURACY, OR NON-RENEWAL OF ANY LICENSE, INSURANCE POLICY, CERTIFICATION, BACKGROUND CHECK, OR OTHER COMPLIANCE-RELATED INFORMATION RELATED TO THE SERVICE PRO.

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NOTICES

  1. Method.  All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been delivered and received (i) on the date of delivery if delivered personally, (ii) if delivered by email, when the sender's system registers that the email has passed the internet gateway of the sender's system (and no delivery failure or out of office message is received by the sender within 1 hour of sending, or (iii) five business days after having been mailed by first class mail, postage prepaid, and properly addressed to the respective Party at the addresses set forth below, or any other address that any Party may designate by written notice to the other Parties.

  2. Notices to ProfileGorilla.   Legal notices to ProfileGorilla must be sent to:
    PROFILEGORILLA
    731 DUVAL STATION RD # 107-349,
    JACKSONVILLE, FL 32218-0800
    SUPPORT@PROFILEGORILLA.COM

  3. Notes to Service Pro.  Communications between ProfileGorilla and Service Pros may occur electronically. Service Pro 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.  Notices sent by email will be deemed given when sent to the last email address provided to ProfileGorilla, whether the email address remains current.​

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