Website Terms of Use Agreement
EFFECTIVE DATE: JANUARY 18, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING FRESNOCARPETCLEANING.NET WEBSITES. BY ENTERING THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF USE THEN IN EFFECT.
Daigle Enterprises, Inc. owns and operates fresnocarpetcleaning.net. This Terms Of Use Agreement applies to this site.
DEFINITIONS
The "fresnocarpetcleaning.net Website" is the website operated by fresnocarpetcleaning.net, including its affiliates and subsidiaries ("fresnocarpetcleaning.net") on the World Wide Web of the Internet, consisting of information and content provided by fresnocarpetcleaning.net, affiliates of fresnocarpetcleaning.net and other third parties.
"User" means each person or entity that accesses fresnocarpetcleaning.net Website. Fresnocarpetcleaning.Net Website "Terms of Use" described herein shall govern any and all uses hereof by any and all Users. This Terms of Use shall be deemed effective as of the Effective Date set forth above.
GENERAL
This Terms of Use sets forth the terms and conditions that apply to the use of fresnocarpetcleaning.net Website by User.
By using fresnocarpetcleaning.net Website (other than to read this Terms of Use for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use fresnocarpetcleaning.net Website is personal to User and is not transferable to any other person or entity.
Fresnocarpetcleaning.Net shall have the right at any time to change or discontinue any aspect or feature of fresnocarpetcleaning.net Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CONTENT
Fresnocarpetcleaning.Net Website contains and/or links to copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of fresnocarpetcleaning.net Website are copyrighted as a collective work under United States and world copyright laws.
fresnocarpetcleaning.net Website owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of fresnocarpetcleaning.net Website and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
LIMITED SERVICE GUARANTEE
fresnocarpetcleaning.net is an online marketing company that works with many different clients, including home service providers. People or business who use fresnocarpetcleaning.net's advertising services and/or websites shall be referred to as a Third Party. By using this website, you acknowledge that fresnocarpetcleaning.net is not acting as your general contractor, agent, or adviser. Therefore, it is your sole responsibility to select a contractor or service provider and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisers to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. Fresnocarpetcleaning.Net does not recommend or endorse any service provider that uses our advertising service and/or any of our website(s), nor do we screen any individual service provider's personal credit or legal standing. We do not guarantee that we will be able to match your service needs with any service professional nor do we guarantee that any service professionals in your area are either capable or willing to complete your service needs. Although we take certain steps to examine the credentials of the service professionals that advertise through us, including the service professionals who advertise through our websites, we make no guarantees or representations regarding the application or installation skills of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with service professionals typically are governed by your state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release fresnocarpetcleaning.net (and our employees and agents) and any other person, firm, or entity from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals. Fresnocarpetcleaning.Net does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without fresnocarpetcleaning.net's knowledge. Unless otherwise specifically stated, fresnocarpetcleaning.net does not endorse any product or service described in, offered on, or linked to any and all websites owned or operated by fresnocarpetcleaning.net.
COUPONS AND SPECIAL OFFERS
An area is defined as a room up to 300 square feet. Combination areas and areas over 300 square feet are considered separate areas. Baths, staircases, landings, halls, walk-in closets and area rugs are priced separately. Valid for residential areas only. Minimum order may be required. Prices may vary for wool and oriental carpet and special services. Not valid with any other coupons or offers. Offer/service not available in all areas. Void where prohibited.
DISCLAIMER OF WARRANTY-LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF FRESNOCARPETCLEANING.NET WEBSITE IS AT USER'S SOLE RISK. NEITHER FRESNOCARPETCLEANING.NET WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FRESNOCARPETCLEANING.NET WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FRESNOCARPETCLEANING.NET WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FRESNOCARPETCLEANING.NET WEBSITE.
FRESNOCARPETCLEANING.NET WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FRESNOCARPETCLEANING.NET WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL FRESNOCARPETCLEANING.NET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING fresnocarpetcleaning.net WEBSITE OR FRESNOCARPETCLEANING.NET WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FRESNOCARPETCLEANING.NET WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FRESNOCARPETCLEANING.NET WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, FRESNOCARPETCLEANING.NET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UN-TIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FRESNOCARPETCLEANING.NET WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. FRESNOCARPETCLEANING.NET, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. FRESNOCARPETCLEANING.NET DOES NOT, NEITHER DIRECTLY NOR ON BEHALF OF ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT NOR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, SECURITY, QUALITY, SYSTEM INTEGRATION, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless fresnocarpetcleaning.net, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of fresnocarpetcleaning.net Website by User or User's Account.
TRADEMARKS
fresnocarpetcleaning.net design logo and screening are copyright of fresnocarpetcleaning.net and its owners. All rights reserved. All other copyright material and trademarks appearing on fresnocarpetcleaning.net Website are the property of their respective owners.
Any rights not expressly granted herein are reserved.
MISCELLANEOUS
This Terms of Use and any operating rules for fresnocarpetcleaning.net Website established by fresnocarpetcleaning.net constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of Connecticut. In addition, you agree to submit to the jurisdiction of the courts of the State of Connecticut, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Hartford County in the State of Connecticut, USA.
Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.
THIRD PARTY SITES
fresnocarpetcleaning.net Website may provide Users with links to third-party Internet sites. Users assume full responsibility when they choose to follow any links on fresnocarpetcleaning.net Website that lead to third-party sites. Fresnocarpetcleaning.Net takes no responsibility for the content of or for transactions involving third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement
COPYRIGHT
fresnocarpetcleaning.net and its owners, respects the rights of all copyright holders and in this regard, fresnocarpetcleaning.net Website has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide fresnocarpetcleaning.net's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ยค 512: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have any questions about this Terms Of Use Agreement, the practices of this site, or your dealings with this website, you can contact us at: legal@daigleenterprises.com.