PLEASE READ THESE TERMS AND CONDITIONS. BY USING gutter-contractors.com , YOU AGREE TO ABIDE BY THIS AGREEMENT.
gutter-contractors.com offers complimentary SMS text messaging services to communicate with you regarding our services and offers. This includes, but is not limited to: appointment scheduling and confirmation; response to a quote, estimate, or service inquiry; project scheduling and updates; feedback requests; and general follow up.
By consenting to gutter-contractors.com’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of gutter-contractors.com through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information. Promotional messages may include promotions, specials, and other marketing offers.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with gutter-contractors.com. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text “END” or “STOP” to the number in which you are receiving our messages or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
To enhance the user experience on gutter-contractors.com, we collect data about the visitor computer including operating system, web browser, java script enabling status, IP address, and referral URL. We may use this data to re-market our website to those visitors by launching advertising campaigns on reputable advertising companies.
You acknowledge and agree that we may modify or terminate the services provided on the Website and any of its features at any time or terminate your access to them without notice to you. You acknowledge and agree that we shall not be liable to you or any third party as a result of any such modification or termination. You may discontinue use of the Website at any time without notice to us.
Registration data and other information about you collected on the Website, which may include personally identifiable information you voluntarily submit, are subject to the Website’s Privacy Policy. The Privacy Policy can be found at https://gutter-contractors.com/legal/privacy-policy/. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.
The Website is designed to help you locate information regarding home improvement projects and services. The Website also connects you with contractors and other providers who may be able to assist you with your home improvement projects and services. We own and retain all intellectual property rights in and to the Website.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. You are using the Website and the content thereon at your own risk (see Disclaimers below).
Some information provided to you on the Website may contain links to information that resides on third-party websites not owned or controlled by us. Unless the link is to an article or content on another website owned by us, we do not claim ownership to the content on other websites you reach by clicking on a link from the Website. Your rights to such content will be regulated by the terms of those third-party websites. You acknowledge and agree that we are not responsible for any third-party content and that you must evaluate any such third-party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.
You may use the Website for your individual personal use and you agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Website for any commercial purpose. You agree to access the Website through the interface provided by the Website using a standard web browser. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the content thereon. Nor may you use any network monitoring, discovery software or other programs or methods to determine the Website architecture or to extract content from the Website or information about its usage or users.
Copyright Infringement. If you are a copyright owner or agent thereof and believe that content on the Website infringes upon your copyright, please submit notice, pursuant to the Copyright Protection Law of the defending party's jurisdiction to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached By email: [email protected]
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER gutter-contractors.com, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT: (A) THE WEBSITE OR CONTENT THEREON WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (C) THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; or (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL gutter-contractors.com, OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS ("THE gutter-contractors.com PARTIES") BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS WEBSITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT gutter-contractors.com OR ANY OF THE gutter-contractors.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. gutter-contractors.com'S AND THE gutter-contractors.com PARTIES' COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE OR SERVICES PROVIDED ON THE WEBSITE, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, gutter-contractors.com'S AND THE gutter-contractors.com PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless gutter-contractors.com and its directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or the services and the content thereon or your breach of this Agreement.
This Agreement shall be regulated by and construed under the laws of the defending party's jurisdiction without giving effect to its conflict of laws principles. You and gutter-contractors.com hereby submit to the exclusive forum, jurisdiction and venue of the courts located in defending party's jurisdiction for any claim related to, arising from or in connection with this Agreement and/or your use of the Website.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Web technology information: This may be personal or non-personal information and collected by us or third parties under contract with us. We use two third party services: ActiveProspect’s TrustedForm Script is used to independently document users’ consent to be contacted. The TrustedForm Script is embedded on this website and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the TrustedForm Script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, located at ActiveProspect. Similarly, we utilize Jornaya’s LeadiD script which is embedded on this website and also collects information such as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, IP address and number of clicks and tracks users’ movements around the site (including the capture of visual snapshots of the user’s activity on the site). To review Jornaya’s data use and collection policies and practices, please visit: Jornaya. The information collected from this technology is combined with other aggregate data to issue a unique identifier for that site visit.
(a) gutter-contractors.com and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.
This agreement to arbitrate otherwise includes, but is not limited to claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use.
For purposes of this arbitration provision, references to " gutter-contractors.com," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and gutter-contractors.com are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms of Use or your relationship with gutter-contractors.com for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Dispute Notice''). The Notice to gutter-contractors.com should be addressed to the following address ("Dispute Notice Address''):
gutter-contractors.com
Attention: Legal Department
The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from gutter-contractors.com ("Demand"). If gutter-contractors.com and you do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or gutter-contractors.com may commence an arbitration proceeding.
(c) After gutter-contractors.com receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms Of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless gutter-contractors.com and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise. Except as otherwise provided for herein, gutter-contractors.com will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse gutter-contractors.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND gutter-contractors.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if gutter-contractors.com makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the gutter-contractors.com Sites, you may reject any such change and require gutter-contractors.com to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to gutter-contractors.com at the Dispute Notice Address in subsection (b) above.