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This agreement describes
the terms and conditions applicable to your (“SUBSCRIBER”) use of our
OhioFencing.com (“THE REFERRAL SERVICE”) services.
1. Eligible
SUBSCRIBERS
By accepting these terms, you confirm that you are 18 years
of age or older, are capable of entering into a binding agreement, and that
you will or have accurately completed any SUBSCRIBER information and or
requests submitted to us.
2. General
Disclaimer
In using THE REFERRAL SERVICE, you acknowledge that THE
REFERRAL SERVICE is not acting as your general contractor, agent, or
advisor.
Therefore, it is your sole responsibility to select SERVICE
PROVIDERS and to negotiate the terms/fees 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.
THE REFERRAL SERVICE does not:
(i)
recommend or endorse any specific SERVICE PROVIDER
(ii) provide advice on
which SERVICE PROVIDER to select
(iii) screen
any individual SERVICE PROVIDER's personal credit
or legal standing.
THE REFERRAL SERVICE relies on electronic data provided by
third parties and on statements made by SERVICE PROVIDERS and their
references to determine which SERVICE PROVIDERS to include in our database.
Due to the inherent time delay in the data gathering process,
pending actions or other issues affecting a SERVICE PROVIDERS record may
have occurred which were not captured by the third
party data sources used by THE REFERRAL SERVICE.
THE REFERRAL SERVICE does not guarantee that any SERVICE
PROVIDERS has insurance coverage at the time you enter into an agreement
with the SERVICE PROVIDERS and makes no representation as to the adequacy
of any insurance coverage (including amount, breadth, or type). . Unless
otherwise specifically stated.
THE REFERRAL SERVICE does not endorse any product or service
described in, offered on, or linked to any of THE REFERRAL SERVICE's websites.
3. Use of Account;
Privacy
Use of Account, In order to protect the SUBSCRIBER and the
personal information obtained from the SUBSCRIBER, THE REFERRAL SERVICE
will comply with all applicable laws and regulations when using personal
information.
THE REFERRAL SERVICE recognizes that you have legitimate
concerns about privacy. By accepting this Agreement, you expressly consent
to the use and disclosure of your personal information in that such
information shall be used to match you with SERVICE PROVIDERS as the
SUBSCRIBER has requested on the on line form.
You may copy information provided by THE REFERRAL SERVICE for
your personal use, but you must retain any copyright notice and other
proprietary notice on copied information. You are not permitted to
reproduce, distribute, transmit, publish, or commercially exploit any
information provided by THE REFERRAL SERVICE without the appropriate
permission of the copyright owner. This prohibition precludes emailing,
faxing, posting to any bulletin board, storage in a database accessible to
persons other than yourself, or otherwise making
information available electronically or in any other form.
4. Changes to the
Service or Terms
THE REFERRAL SERVICE may from time to time without notice
change, add, or remove certain features of our service or change the terms
of this Agreement. If you are dissatisfied with any such changes to the
service or this Agreement, you may immediately cancel your Account by
contacting THE REFERRAL SERVICE.
5. Disclaimer of
All Warranties / Waiver of Rights
You understand that THE REFERRAL SERVICE has no control over any Third
Party services.
THE REFERRAL SERVICE. and its suppliers make no warranty that
the service or the Third Party services will meet your requirements or that
use of the service or the Third Party services will be uninterrupted,
timely, secure, or error-free; nor does THE REFERRAL SERVICE or its
suppliers make any warranty as to the results that may be obtained from use
of the service or the Third Party services, or the accuracy or reliability
of any information obtained through the service or the Third Party
services, or that any defects in the service or the Third Party services
will be corrected.
THE REFERRAL SERVICE and its suppliers disclaim all
warranties of any kind, whether express, implied, or statutory, regarding
the service or the Third Party services. Any material or data obtained
through use of the service or Third Party services must be used at your own
discretion and risk. Some states or jurisdictions do not allow the
exclusion of certain warranties. Therefore, nothing in this section should
be construed as excluding or limiting any warranty beyond what is
permissible under applicable law.
THE REFERRAL SERVICE does not guarantee the quality or
fitness of any work performed by any SERVICE PROVIDERS.
6. Limitations of
THE REFERRAL SERVICE Liability Release
THE REFERRAL SERVICE and its suppliers will not be liable for
damages of any nature arising from or relating to your use of the service
or the Third Party services or use thereof by anyone else through your
account.
THE REFERRAL SERVICE's total
cumulative liability to you and anyone who uses the service or the Third
Party services through your account, for any and all claims under any
theory of law (including negligence), will not exceed $1,000 or the
aggregate amount you paid to THE REFERRAL SERVICE in the preceding 12
months, whichever is greater. Some states or jurisdictions do not allow the
exclusion or limitation of certain types of liability. Therefore, the above
limitations of liability may not apply to you to that extent, and nothing
in this section should be construed as excluding or limiting THE REFERRAL SERVICE's liability beyond what is permissible under
applicable law.
You agree not to hold THE REFERRAL SERVICE responsible for
any damages or other liabilities arising from work performed by any
contractor.
Because THE REFERRAL SERVICE is not and cannot be involved in
your dealings with SERVICE PROVIDERs or control
whether or not SERVICE PROVIDERs will complete
any work as agreed, in the event that you have a dispute with one or more
SERVICE PROVIDERs, you release THE REFERRAL
SERVICE (and our agents and employees) from any and all claims, demands,
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
7. Termination of
Account
You may terminate your account, this Agreement, and your
right to use the service, at any time and for any reason or no reason, by
contacting THE REFERRAL SERVICE Project Services team. Notifying THE
REFERRAL SERVICE in any other way of your desire to terminate your account
may result in delays in processing your request. THE REFERRAL SERVICE
reserves the right to immediately suspend or terminate your account in its
sole discretion. Upon any such termination of your account, you will remain
obligated to pay all outstanding fees and charges relating to your use of
any the fee-based services before termination. Sections 2, 5, and 8 will
remain in effect notwithstanding the termination of your account or this
Agreement.
8. Miscellaneous
THE REFERRAL SERVICE, the SERVICE PROVIDERs,
and any marketing Partners are separate entities and share no agency,
partnership, franchise, joint venture, or employment relationship.
This document and the pages referred to herein represent the
entire agreement governing your use of the service and supersede any prior
or contemporaneous written or oral statements by THE REFERRAL SERVICE or
its representatives or resellers. Please click here to send me an e-mail accepting these terms.
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