TERMS OF USE
Last Updated: April 26, 2020
Thank you for visiting the PlumbersNearby.org website located at www. PlumbersNearby.org. PlumbersNearby.org connects potential users of plumbing services with third-party plumbers or plumbing service providers.
By using our website and services, you are agreeing to the following terms. Please read them carefully. We may update these terms from time to time, without notice to you, and you should check back often so you are aware of changes. Each time you access this website, you agree to be bound by the terms then in effect. If at any time these terms are no longer acceptable to you, you should immediately cease all use of this website and our services.
Our website and services are intended for general audiences 18 years of age and older. Do not attempt to use our website or services if you are under 18.
For simplicity throughout this document, "we" and "us" mean PlumbersNearby.org.
Accessing our Website
We cannot guarantee that our website will be up and running at all times. We reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if all or any part of our website is unavailable at any time or for any reason.
Our Commitment to Privacy
PlumbersNearby.org will treat any personal information that you submit to us in accordance with our Privacy Policy. Please click here to read and review our privacy policies and practices in detail.
Our website connects you with plumbers listed in our plumber directory.
Furthermore, we cannot warrant or guarantee that the information on our website is complete, current, or accurate. Under no circumstance shall PlumbersNearby.org have any liability to you for any reliance on information contained on or obtained through our website or services. Such reliance shall be solely at your own risk.
No Endorsement of Plumbers
PlumbersNearby.org does not guarantee the services of any of the third-party plumbers or plumbing service providers. Some of the plumbers paid to be included in our plumber directory.
We do not select, approve, or otherwise endorse any particular plumber or plumbing service; nor do we make any representation about the quality or competence of plumbing services or the qualifications of any plumber, or plumbing service provider. Furthermore, we do not perform any conflict check between you and any plumber or plumbing service provide that we may connect you with.
Since the hiring of a plumber is a critical decision, you should use your own judgment in evaluating whether an plumber is suitable for you, and this decision should not be predicated solely on information contained on this website. You should independently verify the qualifications of any such plumbers and services and use caution when reviewing any information that you might see on this website or provided by any plumbers that we may connect you with. Under no circumstance shall PlumbersNearby.org have any liability to you for any reliance on information contained on or obtained through our website or services. Such reliance shall be solely at your own risk.
Any agreements regarding plumbing services or fees must be done outside the scope of our website and are strictly between you and the plumber. It shall not involve us in any way. We do not receive any portion of any plumber’s fees. We are not involved in or responsible for any transactions that might occur, and we do not guarantee that such transactions will occur.
You should be aware that certain states and jurisdictions have special rules relating to plumbing services. You should contact your state or local jurisdiction for more information.
License
By offering this website for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on or through this website, strictly subject to these terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these terms will result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
Intellectual Property Rights
PlumbersNearby.org operates this website and owns the intellectual property rights in all material displayed on this website (including text, graphics, videos, photos, trademarks, logos and other materials), and such material is protected by United States and international copyright, trademark, and other intellectual property rights laws.
You may use our website only for your own personal, non-commercial use. All other use, transmission, presentation, distribution, reproduction or modification of the material on this website is prohibited without express written permission from us.
If you fail to comply with these terms, your right to use our website and services will cease immediately and you must immediately destroy all copies of downloaded or printed materials.
Your Usage Restrictions
By using this website, you also agree that:
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You shall not use our website or services to violate any applicable federal, state, local, or international law or regulation (including exporting or re-exporting a portion of this website in violation of U.S. or foreign export control laws).
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You shall not use our website in any manner that could disable, overburden, damage, or impair our website.
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You shall not interfere with any other party's use or enjoyment of our website or any services provided through our website.
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You shall not distribute to any person or entities identified via our site any material containing solicitations or advertising without our prior written consent.
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You shall not solicit anyone with data retrieved from our website.
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You shall not impersonate or attempt to impersonate PlumbersNearby.org, a PlumbersNearby.org employee, another user, or any other person or entity.
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You shall not use any robot, spider, other automatic software or device, or manual process, to monitor or copy our website or the content, information, or services on our website, without our prior written consent.
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You shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities, or users.
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You shall not introduce any viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
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You shall not attempt to gain unauthorized access to any materials or information through any means not intentionally made available by us.
If you fail to comply with these terms, your right to use our website and services will cease immediately.
Linking Policy
We welcome links to the homepage of our website, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In no event shall you remove or obscure, by framing or otherwise, any portion of the homepage, and you shall discontinue providing links to this website if requested by us.
We may disable any links at any time, without notice to you.
This website may contain links or references to other sites. We include such links only as a convenience, and we are not responsible for the content or privacy of these sites. We are not liable for any damages or injuries arising from your use of these sites, nor shall these links be construed as any endorsement, association, or affiliation between the site and PlumbersNearby.org.
Disclaimer of Warranties and Limitation of Liability
We cannot guarantee or warrant that files you download from this website will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
We provide this website 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 this website, the content, information or services included on this website, or that OUR website or content will be error-free. You agree that your use of this website is at your sole risk.
To the fullest extent permitted by applicable law, we disclaim all warranties, express and implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages.
Indemnification
You agree to defend, indemnify and hold harmless, PlumbersNearby.org, its parents, subsidiaries and affiliates, and each of its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against, all claims, losses, expenses, damages and costs, including reasonable legal fees, arising out of or related to, your use of our website or services, including:
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Any violation of these terms by you,
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Any dispute between you and a third party, and
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Your violation of the rights of any third-party.
Governing Law and Dispute Resolution
These terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
You agree that all disputes between you and PlumbersNearby.org with regard to your relationship with us, including any disputes concerning your use of our website or services, will be resolved by final and binding arbitration before the American Arbitration Association (AAA) in New York or the county of your residence under the then current AAA’s commercial arbitration rules.
Before moving an unresolved informal dispute into arbitration, you must first send us a notice of dispute describing the basis of the claim of dispute and the specific relief sought. This notice may be sent via email to info@ PlumbersNearby.org. Upon receipt of your notice, we may offer you a final written settlement offer. If you do not accept such offer, or if you find the offer unsatisfactory and wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as described above.
For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose to have the arbitration proceed in person, by telephone, or based on written submissions. If you receive an arbitration reward that is greater than our final settlement offer, we will pay the filing, administration, and arbitrator fees associated with the arbitration. If you retain an attorney to represent you in the arbitration, we will reimburse any reasonable attorney fees.
Any arbitrator’s award rendered shall be final and conclusive to all parties. Judgment upon any award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, any party may still seek injunctive relief in order to protect its rights when the outcome in arbitration is pending, or pursue the matter in a small claims court instead of arbitration.
We may be entitled to attorney fees and expenses if we prevail in arbitration. However, we will not seek such an award from you, unless the arbitrator determines that your claim is frivolous.
No Class Actions: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class.
You agree that we may seek injunctive relief to stop you from participating in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree to pay any reasonable attorney fees and court expenses that PlumbersNearby.org incurs in seeking such relief.
You may opt-out of these dispute resolution provisions. You must notify us in writing within thirty (30) days of the date that you first visit our website to info@ PlumbersNearby.org.
We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
Entire Agreement, No Waiver and Severability
These terms constitute the entire agreement between you and PlumbersNearby.org, and supersede and replace any prior version of the terms. You may not assign any of your rights under these terms, and any attempt to do so will be void. We may, in the future, offer new services or features and such new features or services shall be subject to these terms.
Our failure to insist upon or enforce strict performance of any of these terms will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any of these terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Termination
You may stop using this website and our services at any time.
We may terminate or suspend your access to all or part of this website and services if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these terms.
Contact Information
If you have any questions about these terms, or about our website or services, please contact us at info@ PlumbersNearby.org.