Terms and Conditions
The use of this website and affiliated websites constitutes your acceptance of the Terms and Conditions in this agreement, which governs your use of the website. When you access or use the gotplumbing.com website in any way, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended at anytime. All users of this websites are responsible to check the Terms and Conditions periodically for any changes or revisions. All amended Terms and Conditions become effective upon our posting to the website, and any use of the site after such revisions have been posted signifies your consent to the changes.
In using the Site, you will:
- Obey the law;
- Obey any codes of conduct or other notices we provide;
- Keep your service account password secret; and
- Promptly notify us if you learn of a security breach related to the Site.
In using the Site, you may not:
- Use the site in a way that harms us or our affiliates, resellers, distributors, and/or vendors
- Use any portion of the site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- Use any automated process or service to access and/or use the site (such as a BOT, a spider, periodic caching of information stored by gotplumbing.com “meta-searching”);
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;
- Damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone’s use and enjoyment of the service; or
- Resell or redistribute the Site, or any part of the Site.
Upon entering your zip code we will provide you a list of plumbing professionals that service your area. However, we do not guarantee we will be able to provide results with plumbing professionals that service your area. We make no guarantee or endorsements of any services or products on this site. It is your sole responsibility to hire and contract a plumbing professional that best suits your needs. We do not guarantee or warranty the quality of work performed by any service professional. Any dispute with a plumbing professional must be resolved with the plumbing professional directly. Under no circumstances will gotplumbing.com, its employees, agents or affiliates be held liable for any claims, loss or damages resulting from the use of any professionals services.
Terms and Conditions for Internet Advertising
Scope: this is a contract (referred to herein as this “Agreement”) between gotplumbing.com (hereinafter referred to as “us” “we” and “our”) and customer (“you” and “your”) identified on the first page of this document (the “Order”) for us to fulfill your order for our Advertising Products identified on the Order. This Agreement consists of the Order and these Terms and Conditions for Internet Advertising, (these ‘Ts&Cs”). Except as otherwise expressly provided in these Ts&Cs, in the event of any conflict between the terms of the Order or these Ts&Cs, the Order shall control.
Term: The term of this Agreement commences on the date of execution by you (either in writing or by electronic signature, including recorded oral acceptance of this Agreement of an Order presented by us and shall (subject to our right hereunder to terminate or suspend our performance or remove Advertising Products under circumstances specified in this Agreement) continue until we have fulfilled the Advertising Products specified in the Order for the Initial Term specified in the Order. Unless otherwise provided in the Order and except as provided below in these Ts&Cs upon expiration of the Initial Term, the term of this Agreement shall automatically renew for a “Renewal Term” unless you or we notify the other of its intent not renew at least thirty days before expiration of the Initial Term. All service provided during the Renewal Term will be subject to the then-current Terms and Conditions, pricing and other terms for Internet Advertising available on our Web site (such then current Ts&Cs being referred to herein as this Agreement). The Renewal Term will continue from expiration of the Initial Term until termination pursuant to this Agreement. Unless otherwise provided in the Order, either you or we may terminate the Renewal Term, with or without cause, upon thirty days’ prior written notice to the other. Neither of us may terminate this Agreement during the Initial Term provided that we may terminate this Agreement at any time upon notice to you if you breach this Agreement. If you choose to have your Advertising Products removed from any site and/or our service discontinued prior to the end of the Initial Term or Renewal Term, as the case may be, you shall notify us in writing and the unpaid balance for the entire Initial Term or Renewal Term will become immediately due to owing.
Requirements for Placing Advertisements: You may be able to place advertisement in or trough the Site. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:
- All advertising content is accurate, complete and current;
- The advertising content, and any web site listed or linked to from the advertising content:
- Complies with all applicable laws and regulations;
- Does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
- Does not breach the right or any person or entity, including rights of publicity, and is not defamatory ; and
- Does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
- You possess documents substantiating all claims, express and implied within the advertising content.
System Downtime/Force Majeur
On occasions the website may experience some downtime due to maintenance, blackouts or other unexpected events. We assume no liabilities for any loss or damage resulting from such events. In no event shall be deemed liable for any downtime or delay of performance resulting from any power failure, network failure, government action, insurrection, fire, flood, earthquakes, strikes, labor, or material shortage, or any other condition not reasonably within our control. Your payment obligation shall remain unchanged during any event of force majeur or system downtime.
You agree to indemnify gotplumbing.com, its affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fee, made by any third party due to or arising from your breach of these Terms and Conditions, or your violation of any law or the rights of a third party. We do not investigate, represent or endorse the accuracy, legitimacy, legality, validity or reliability of any products, services, deals, or other promotions or materials, including reviews, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the website.
Information about plumbing professionals can change over time, we cannot guarantee that the screening information or results are accurate. Gotplumbing.com has no control over the accuracy of all the information provided by its members. We do not assume any responsibility or liability for the accuracy usefulness and completeness of any content, information or links on this site. Therefore, the gotplumbing.com website is provided to you “as is” without any warranty. We make no guarantees, nor can we be responsible for any such information, including its accuracy, content quality, copyright compliance or legality, or any resulting loss or damage.
All of the content and information posted on the gotplumbing.com website is for personal use only and can not be reproduced, published or posted for commercial purposes. Misuse of the gotplumbing.com website for non-personal purposes, includes, but is not limited to activities such as hacking, fraud, or spamming. We reserve the right to terminate your access without prior notice, for misuse or suspected misuse at anytime. We further, reserve the right to take appropriate legal actions for such damages, including but not limited to, lost revenue and legal fees for any type of misuse or attempt of misuse of the gotplumbing.com website.
Gotplumbing.com does not warranty or claim that the screening process is sufficient, complete and accurate. Any use of the gotplumbing.com web site, reliance upon any materials, and any use of the internet generally shall be at your sole risk. Gotplumbing.com disclaims any and all liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the gotplumbing.com web site.
Gotplumbing.com makes no representations, warranties or guarantees to you of any kind, either expressed or implied regarding the functionality, performance or results of the advertised services or products, and linked sites, on our web site.
Gotplumbing.com communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. Gotplumbing.com has no control over the accuracy of such information on out pages, and materials on the gotplumbing.com web site may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information.
Third Party Advertisers and External Links
Distribution of Information to Third Parties
You understand and agree that we may provide your business listing information to other sources, including other online or offline directories or 411 type services. The purpose of our providing your business listing to other third parties is generally to provide additional exposure for your business.
Cancellation of Member Listings
Gotplumbing.com reserves the right to cancel member’s listing from our website for any reason at anytime and without notice. Content misuse, including but not limited to commercial use, infiltrating, fraud or repeated negative feedback regarding members will result in cancellation of member listings without any refund.
Rates and Payment
Unless otherwise provided in the order, we will bill you during our first applicable billing cycle after we fulfill your order for advertising services and will continue to bill you during each applicable billing cycle thereafter during the term of this agreement. The billing cycle will be monthly unless otherwise provided in the order. We may cancel or remove your advertising listing and suspend our services if payment is not received by the due date. You acknowledge that no such suspension or removal will extend the term of this agreement.
We may charge late payment fees that will accrue at our current standard rates or, if lower, the maximum rate permitted under applicable law. You agree to pay any attorneys’ fees and costs that our agents or we incur in collecting any unpaid amount. All members authorize got plumbing.com to charge the credit card provided for this service. Prices for listing may change at anytime without notice. Members can cancel at anytime and will be responsible for all charges through the end of the monthly period. A thirty day notice is required for all cancellations. Your listing may be deactivated if it has not been renewed on time or if the credit card is declined for any reason. A $25 charge will be applied for NSF and/or reactivation of your listing. If reactivation is not done promptly, members may lose previously registered zip code to other members. All members are responsible for providing updated billing information.
Neither gotplumbing.com nor any of our affiliates shall have any liability under or in connection with this agreement or the advertising services or products for any special, indirect, incidental, consequential, punitive or exemplary damages, including without limitation, damages relating to loss of profit, loss of income, or revenue, loss of goodwill, the suspension. Or removal of any advertising content, any delay in displaying or failure to display content, or our failure to provide services.
Limitation of Liability
In no event shall gotplumbing.com be liable to any user on account of such user’s use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory even if gotplumbing.com are aware of or have been advised of the possibility of such damage, arising out of connected with the use (or inability to use) or performance of the site. The site, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site. Gotplumbing.com does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the site or other material accessible from the site the user of this site assumes all responsibility and risk for the use of this site and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.
How We May Use Information You Provide To Us
non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or technique contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
How You May Use Our Materials
We use a diverse range of information, text, photographs, designs, graphics, sounds and video recording, animation and other materials and effects on the gotplumbing.com web site. We provide the information, content or advertisements (which we collectively call the “Materials”) on the site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, You may view, use or copy, and distribute the Materials found on gotplumbing.com web sites for internal, noncommercial, informational purposes only, provided you keep intact any copyright and other propriety notices. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the gotplumbing.com web site. You may not use the gotplumbing.com web site to compile a collection of listing, including a competing listing product or service. You may not use the site or any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such right are retained by gotplumbing.com and/or any third party owner of such rights.
Monitoring of Materials Transmitted By You
Changes may be periodically incorporated into this site. Gotplumbing.com may make improvements and/or changes in the products services and/or programs described in these sites and the Materials at any time without notice.
We are under no obligation to monitor the material residing on or transmitted to this site. However, anyone using this site agrees that gotplumbing.com may monitor the site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the site properly or to protect itself and its users. Gotplumbing.com reserves the right to modify, reject or eliminate any material residing on or transmitted to its site that it, in its sole discretion, believe is unacceptable or in violation of the law or these Terms and Conditions.
Deletions from Service
Gotplumbing.com will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to “opt-out” of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Gotplumbing.com reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of gotplumbing.com may be defamatory, infringing or violate of applicable law. Gotplumbing.com reserves the right to exclude Material from the site. Materials submitted to gotplumbing.com for publication on the site may be edited for length, clarity and/or consistency with gotplumbing.com Editorial.
Third Party Sites
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or service, and any other terms, conditions, and warrantees or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of resulting from your transaction of business over the internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of policy governing the Site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to business listed on the sites.
No Endorsement Made by Gotplumbing.com
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, or other promotions (“Promotions”) or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the gotplumbing.com Web site. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the gotplumbing.com Web sites (“Products”).
Prohibitions, Content and Intellectual Property Rights
The transmission of any unsolicited commercial e-mail messages through our services is strictly prohibited without the prior consent of the recipient. You acknowledge that neither we nor the Distribution sites generate the content upon a site where your Advertising Product may be fulfilled and that neither we nor the Distribution sites are responsible for such content. You acknowledge that is not possible to avoid placing your advertisements on web sites that display adult content, have adult-oriented domain names, or that we primarily intended as gambling sites, you acknowledge that it is not possible to avoid all such placements, and that we shall in no event have any liability to you of any type or nature as a result of any such placement or any other such placement that may be offensive to you. We or any Distribution Site mat refuse, remove and/or terminate Advertising Products and our services due to any content that we or any Distribution site deem for any reason (a) may subject us, a Distribution site or another party liability, (b) include obscene, profane, sexual, violent or other inappropriate content, or (c) is otherwise unacceptable in our or the Distribution site’s sole discretion; provided that we have no obligation to review your advertisements and shall no liability related to the content thereof. If this occurs, you will remain responsible for payment of all amounts to be invoiced for the then-current term and will not be entitled to any refund or abatement or any extension of the term of this Agreement. Furthermore, your are making the following representations and both we and each Distribution site are relying upon them: (a) that you are authorized to advertise and display the requested business, product or service, (b) you are a business, not a consumer, (c) that the content of any advertisement is truthful and not misleading, (d) that you are in compliance with all laws and licensing requirements relating in any manner to the goods or services displayed or to your advertisement, and (e) that you have the right to use and publish any requested name, address, trade name, service mark, picture, likeness, reproduction, endorsement, copyrighted or copyrightable item or other content and that such use complies with all applicable laws, license agreements and other obligations. Without limiting any of our other rights or remedies, you agree to notify us immediately in writing at any time you discover or suspect that any of these representations is not true and correct in all respects. You assume sole responsibility for the protection of any copyrights, trademarks, service marks, trade names and other intellectual property owned wholly or partially by you or which you are authorized to use or display. If we receive notice or documentation demonstrating that another person or entity contests your right to use or display a name, trademark, service mark or other content, we may reject or discontinue the Advertising Products and our services without liability to you until such time you have resolved that dispute with the other party to our satisfaction. As to Advertising Products we create for you, whether in whole or in part, and any derivative work that we create from your content, you acknowledge that we are an author and assign to us all rights in and to any independently copyrightable contribution you might have made to the advertising. You further acknowledge that we retain all rights, title and interest, including the copyright, in such Advertising Products and that neither you nor we intend for such advertising to constitute a joint work. You grant us a nonexclusive license during the term of this Agreement, including the right to sublicense, to copy, distribute, create derivative works based upon, publicly display, publicly perform and otherwise use any trademark, service mark, graphics, text or other content you provide to us in connection with our performance of our obligations under this Agreement. Upon termination of this agreement, we are not obligated to return any of these works to you.
Design of Our Sites, Advertising Products, Statistics and interruption of Our Service
We and the Distribution Sites may redesign or modify the Organization, structures and/or “look-and-feel” of our respective Web sites. Advertising Products, and published set of headings and directories at any time and without notice; we may discontinue or add Distribution Sites at any time in our sole discretion. Although we assign each Advertising Product an internally generated point value and/or seniority date, such assignment is internal to us and does not confer any rights to you. We or any Distribution Site may position your advertisement on any page within the appropriate sites, in any position upon such page, in any sequence and in association with any classified heading or keyword(s) we or any distribution site deems appropriate unless otherwise specifically noted in the Order. Unless expressly provided on the Order, neither any Distribution Site nor we make any representation or warranty with respect to traffic or usage statistics regarding Actions on our site or any Distribution Site or the levels of impressions, cost per click, or click through rates or the quality or conversion rate for any advertisement. An “impression” mean each occurrence of a display of an advertisement. Neither any Distribution Site nor we will have any liability to you and you will remain responsible for all moneys owed to us should there be an interruption in our Web site or any third party site or other interruption in our services hereunder for any period of time, although we may, in our sole discretion, issue credits or extend the term of this Agreement in the event of interruptions lasting several days or longer.
You may not resell, assign, transfer or delegate any of our rights, duties, or obligations without our prior written consent, which we may grant or withhold in the exercise of our absolute and sole discretion; in the event we give such consent, the assignee must, without any reservation, assume all of your rights, duties and obligations. Any attempts to resell, assign, transfer or delegate such rights duties or obligations without prior written consent shall constitute a breach of this Agreement and shall be of no force or effect. We shall have the right to subcontract performance of our obligations hereunder or to assign or otherwise transfer this agreement or any rights, obligations or duties hereunder to any person or entity at any time.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed and received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or email address specified on the
Order for the recipient of such notice. All notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address GOTPLUMBING.COM P.O. BOX 39896 DOWNEY CA 90241
All telephone conversations between you and us about advertising may be recorded and you hereby consent to such monitoring and recordation.
Custom Domain Registration/Ownership of Work Products
If the Advertising Product you have ordered involves the hosting or operation of a Web site, the Universal Resource Locator (“URL”) therefore must be registered in our name with a domain registrar of our choosing so we may manage the domain while we host or operate the Web site. If you do not have URL, we will procure a URL and will pay the applicable domain name registration fees to the registrar and maintain ownership. We cannot guarantee that any URLs and/or domain names you request for your web sites will be available for your use. If none of your requested URLs are available we will contact you and request alternatives. If you already own the registration for the desired URL, you must transfer the URL to us with domain registrar of our choosing. If the URL cannot be transferred or you fail to undertake the action we request to cause the transfer, then, in our discretion, we may (but are not obligated to) choose a URL or Domain name on your behalf. Upon termination of this agreement or in the event you are in breach of this agreement, any Web sites hosted or operated under this Agreement may be disabled, in our sole discretion. We will invoice you for all fees payable in connection with the transfer to you of any URL registered in our name that is related to your Web site if you notify us in writing within thirty (30) days after termination or expiration of this agreement that you desire such transfer. We will then promptly transfer such URL to you if you timely pay such invoice. If you fail to notify us that you desire such transfer within such thirty (30) day period or fail timely to pay invoice, then you wave all rights in or with respect to such URL, and you acknowledge that we may allow the registration for such URL to lapse, may retain and use such URL, or may transfer such URL to a third party, without restriction.
This agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided, however, we may change these Ts&Cs from time to time, and such revised terms and conditions shall be effective with respect to ant Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site.