Welcome to the Plumbers 911 website located at https://www.plumbers911.com/ (the “Website”). The Following Terms and Conditions (“Terms”) govern your use of the site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL OR ANY OF THE SERVICES PROVIDED BY THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO BE BOUND BY ALL PROVISIONS OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT GRANTED PERMISSION TO USE ANY PORTION OF THE WEBSITE AND MUST EXIT IMMEDIATELY.
- REGISTERED TRADEMARK
“Plumbers 911” is a trademark owned by the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (the “UA”). The UA licenses the use of “Plumbers 911” to the local affiliate of the UA that operates the local referral service described in Section 2 below (“Local”). The Local is a distinct legal entity from the UA, and the UA does not operate or control the referral system provided by the Local through the Website and/or other means. Without limiting or qualifying the specific statements set forth in Section 2 of these Terms, the UA (1) does not employ any plumbers referred through Plumbers 911; (2) is not a partner or party to a joint venture with any contractor to whom work is referred through Plumbers 911; and (3) does not exercise any authority, supervision, or control over the manner, methods, or means by which or through which any contractor to whom work is referred by or through Plumbers 911 performs its job.
- PLUMBERS 911 IS A REFERRAL SERVICE ONLY
Plumbers 911 is a referral service operated by the Local that connects you with an independent local contractor (“Contractor”). Neither Plumbers 911 nor the Local (hereinafter referred to collectively herein as “Plumbers 911”) performs or is responsible for the performance of, any contracting services. Nothing on the Website or otherwise, including, without limitation, any statements made by any Contractor, can or should be construed as creating an employer-employee or principal-agent relationship between Plumbers 911 and any Contractor. Furthermore, nothing should be construed as Plumbers 911’s operating a joint venture or any other business entity or project with any Contractor. To obtain services from any Contractor, you enter into a contractual agreement directly with the Contractor. Plumbers 911 is not a party, guarantor, or surety to such contract; nor does it have any legal relationship with any such contract.
Furthermore, Plumbers 911 makes no guarantees or representations regarding the qualifications of Contractors or the quality of the services performed for you by the Contractor. Plumbers 911 does not guarantee or provide any warranty for the services performed by the Contractor or any interaction with the Contractor. It is up to you to decide whether to accept the services of the Contractor and to enter into a contract or agreement with the Contractor. No Contractor is an employee or agent of Plumbers 911, and Plumbers 911 is not an employer or agent of any Contractor or of the employees of any contractor.
To the extent any legal relationship is deemed to exist between Plumbers 911 and any Contractor, it shall be that of independent contractors.
IF YOU HAVE ANY DISPUTE RESULTING FROM, OR ATTRIBUTABLE TO, SERVICES PROVIDED BY ANY CONTRACTOR, YOU MUST RESOLVE ALL SUCH CLAIMS WITH THE CONTRACTOR. PLUMBERS 911 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF SERVICES OF ANY CONTRACTOR TO WHICH YOU MAY BE REFERRED AS A RESULT OF VISITING THE WEBSITE.
- PROPRIETARY RIGHTS
Subject to compliance with all Terms, Plumbers 911 grants you a nonexclusive, nontransferable, terminable license to visit the Website and to use its services for your personal use. As between Plumbers 911 and you, Plumbers 911 owns or licenses all content, data, images, forms, graphics, logos, functional components and any software content and documentation contained on, in, or made available through the Website (“Website Materials”), as well as the selection, arrangement, organization, and enhancement of Website Materials. All Website Materials are protected by copyright, trademark, patent, and other applicable laws. Unless you have entered into an express written contract with Plumbers 911 to the contrary, you have no right to use information obtained from the Website in a commercial or public setting or to broadcast, copy, save, print, sell, or publish any portions of the content of the Website, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Website may contain, for any reason or for any use whatsoever. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. As between Plumbers 911 and you, all names, trademarks, certification marks, symbols, slogans, or similar items appearing on the Website are the property of the Website, its sponsors, affiliates, or licensors. Any unauthorized use is expressly prohibited, may be unlawful, and may subject you to civil or criminal penalties. Visitor agrees to pay Plumbers 911 liquidated damages in the amount of U.S. $10,000 for each unauthorized use, in addition to costs and actual damages for breach of this provision.
- UNAUTHORIZED AND PROHIBITED ACTIVITIES
You agree that you will not use the Website for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, patent, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Website Materials, unless otherwise authorized by these Terms or in a separate written agreement with Plumbers 911; (c) attempting to gain unauthorized access to Plumbers 911 computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website; (d) any resale or commercial use of the Website; (e) any downloading or copying of the Website Materials for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Website to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Website aimed at preventing or restricting the unauthorized use of the Website or any of the Website Materials; or (h) hyperlinking, referencing, or framing this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to other websites or on any other websites for any reason. You may use the Website and the Website Materials only as consistent with these Terms. Any other use of the Website or Website Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Plumbers 911 is strictly prohibited. You acknowledge and agree that the unauthorized use of the Website or the Website Materials could cause irreparable harm to Plumbers 911 and that, in the event of such unauthorized use, Plumbers 911 shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- DISCLAIMER FOR CONTENTS OF SITE
The Website and the Website Materials are for informational purposes and user convenience only. Without limiting anything else in these Terms or otherwise, Plumbers 911 is not responsible for any errors or omissions in the Website or Website Materials. Plumbers 911 is not responsible for and does not guarantee the accuracy or completeness of any Website Materials, User Content, products, data, services, links, advertisements or other items contained within the Website. Plumbers 911 reserves the right to immediately remove or make changes to any Website Materials, User Content or other features of the Website for any reason, or for no reason with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Website Materials or User Content and that you may not rely on such Website Materials or User Content.
You shall indemnify the UA and its directors, officers, employees, and agents; and the Local(s) that operate(s) the Plumbers 911 Website including such Local’s or Locals’ officers, employees and agents; as well as the contractors to whom work is referred including such contractors’ officers, employees and agents (“Plumbers 911 Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website, the Website Materials or any services, product or data obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the User Content, the Website Materials, the services, products, information and other materials on, in and made available through the Website, except to the extent attributable to Plumbers 911 Indemnitees, for any breach by you of these Terms and shall indemnify and hold Plumbers 911 Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Plumbers 911 Indemnitees. Plumbers 911 Indemnitees may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Plumbers 911 Indemnitees do not notify you that they elect to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Plumbers 911 Indemnitees, subject to the right of Plumbers 911 Indemnitees to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- INTERNET SECURITY
Plumbers 911 uses reasonable efforts to ensure that the Website is generally available. However, there will be occasions when access to the Website will be interrupted or unavailable. Plumbers 911 will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Plumbers 911 shall not be liable to you for any modification, suspension, or discontinuance of the Website. You understand that the technical processing and transmission of any content to or from the Website (including the Website Materials) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Plumbers 911 via the Website or the Internet, including, for example, personal information such as your name or address.
- COMPLAINT PROCEDURES
If you believe that any content or postings on this Website violates your intellectual property or other rights, please notify Plumbers 911 by emailing it at Info@Plumbers911.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- CHANGES TO THESE TERMS; TERMINATION
Plumbers 911 reserves the right at any time to modify, alter or update these Terms. Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made. It is the obligation of users visiting the Website before the change to learn of changes to the Terms since their last visit. Plumbers 911 may suspend or terminate your ability to use the Website, or any services on the Website, for failure to comply with these Terms, for providing Plumbers 911 with untrue or inaccurate information about yourself, for infringement upon Plumbers 911 proprietary rights, or for any other reason whatsoever or for no reason.
In the event you have any claim, dispute, or controversy of any kind, whether in contract, tort, or otherwise, arising out of or relating to Visitor’s use of this Website or the service provided by Plumbers 911 (“Dispute”), you agree to submit the Dispute to binding arbitration for resolution. In the event you are the prevailing party, you shall bear the cost of your own attorney fees.
- JURISDICTION, VENUE AND APPLICABLE LAW
If any matter relating to or arising from your use of the Website or the services offered therein shall be brought before a court of law, pre- or post-arbitration, you consent and agree that the sole and proper jurisdiction for such claim shall be the state of Maryland including the federal court therein as applicable. You agree that the applicable law to be applied shall, in all cases, be federal law to the extent applicable or else the laws of the state of Maryland.
- ENTIRE AGREEMENT
These Terms represent the entire agreement between you and Plumbers 911 with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. The waiver or failure of Plumbers 911 to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.
- CONTACT INFORMATION
The operator of this website can be reached at Info@Plumbers911.com.
Updated: March 8,2016