This Website is operated by Gutter Guard Now (also referred to as "the Company", "we", "us", or "our"). This Agreement describes the terms and conditions which govern your use of this Website and our Services as described below. We may change or amend this Agreement at any time and the change or amendment will be enforced from the date of the revision or amendment forward without further notice to you. You must read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy ("Privacy Policy"), which is incorporated by reference, before review of this Website or use of our Services. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our Website or use our Services. This Website as well as our Services are developed and controlled from our facility in the United States of America. We make no representations that our Service is appropriate or available for use in other jurisdictions. If you access or use our service and products from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
This Agreement contains an agreement to arbitrate all claims, restrict class action participation and disclaimers of warranties and liability.
1. Legal Agreement
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES ON OUR WEBSITE OR PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE OUR SERVICES OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION INCLUDING, WITHOUT LIMITATION, YOUR ABILITY TO VISIT, USE OR SUBMIT A REQUEST FOR US TO CONTACT YOU REGARDING OUR PRODUCTS AND SERVICES.
2. Services and Use of Your Mobile Number
We provide advertising and referral services throughout the United States. To access our Services and obtain a referral you are required to provide your personal information as prompted. We do not vet our referral sources nor do we make any representations or warranties regarding use of their services. We only provide the referral based on certain criteria they seek. If referred, you are leaving our Website and Service and entering into a business relationship with the referred source. Referred sources are provided as is without any warranty and you agree that we are not part of any service provided by the referral.
As part of our referral you provide written authorization to share your personal information with the referral source including your mobile or telephone number. Your mobile and telephone number will be shared with our source for provision of the services you seek from them. We will also retain and may use for follow up or further marketing your personal information and telephone number and our use of your personal information is governed by the posted privacy policy. Your telephone or mobile number may be used even if you have registered on a government do-not-call list. You may terminate our authority through the processes set out in the posted Privacy Policy.
3. Changes to Website, Terms and Policies
We reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to our Services and Website for any reason without prior notice. We will deny you access to our Services and Website if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Use posted at the time you register on our Website will govern our relationship for that registration and referral request.
4. Prohibited User Conduct
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website, any linked website, or our services. You are prohibited from accessing or attempting to access restricted areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from providing false or inaccurate information to us either during the registration process.
You are prohibited from the following actions while using our Website:
You are prohibited from using our Website in a manner which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of ours or any other person or entity, including third-parties.
You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate our Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website.
You are prohibited from reselling, sublicensing, otherwise transferring, or delegate your rights or obligations under these Terms of Use without our prior express written authorization;
You are Prohibited from modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted by us.
5. Intellectual Property Rights
Our Website contains intellectual property owned by us and other parties. We are the sole owner of the Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively "Website Content"). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website Content unless you first obtain prior written consent from us. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize our Website for other than its intended purposes is strictly prohibited.
6. Disclaimer of Warranties
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or Services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We are not responsible for the conduct of any party to whom we provide your information as a referral. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of our Website or its contents.
THE CONTENT AND ALL SERVICES AND REFERRALS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
7. Limitation of Liability
IN NO EVENT WILL WE, OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Indemnity
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with your registration or use or inability to use our Website caused by you, any misinformation you provide to use, or any violation of this Agreement by you.
9. Binding Arbitration and Prohibition of Class Action
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this Website the posted Privacy Policy or these Terms of Use shall be resolved exclusively through final and binding arbitration by a single arbitrator through American Arbitration Association ("AAA"), rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by AAA under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in the county in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by AAA rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $1,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to AAA. If the value of the relief sought is more than $1,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under AAA' rules.
Severability
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief," if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 9 of this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Wyoming.
Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
10. Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Delaware, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County and State of the defending party, for all disputes arising out of or related to the use of this Website.
11. Waiver and Severability of Terms
The failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
12. No License
Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and us and governs your use of the Website and Service, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
14. Electronic Communications
When you visit our Website, register for our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have any questions about these Terms of Use, please contact us by emailing us at info@gutterguardnow.com.