Additional terms may govern use of certain websites or web pages within the THESERVICEPLACE website. Your use of certain websites and/or web pages within the THESERVICEPLACE website may be subject to additional terms that are specific to such websites and/or web pages (the "Specific Terms") as contained on such websites and/or web pages. Upon accessing any website or web page within the THESERVICEPLACE website, please review any and all relevant terms and conditions that may be displayed on or linked from such website or web page. In the event that (i) a Specific Term contained on such websites and/or web pages or (ii) any other term or guideline contained within the THESERVICEPLACE website conflicts with this Agreement, this Agreement shall control.
GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE THESERVICEPLACE WEBSITE
If and when requested by THESERVICEPLACE you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of THESERVICEPLACE, you agree that you will not access or attempt to access password protected, secure or non-public areas of the THESERVICEPLACE website. Unauthorized individuals attempting to access prohibited areas of the THESERVICEPLACE website may be subject to prosecution.
Except with the written permission of THESERVICEPLACE, you agree that you will not create links from any website or web page to any page within the THESERVICEPLACE website with the exception of the THESERVICEPLACE website homepage. The origin of any such link to the THESERVICEPLACE website homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the THESERVICEPLACE website homepage. For example, prominently positioning the "THESERVICEPLACE" name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the "THESERVICEPLACE" name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between THESERVICEPLACE, on the one hand, and you or any other person or entity, on the other hand.
You agree that if THESERVICEPLACE, in its sole and unfettered discretion, requests in writing that you remove any link or links to the THESERVICEPLACE website, you will promptly do so. You agree that if you create any link to the THESERVICEPLACE website that you will not employ any technology that results in the placement of content from the THESERVICEPLACE website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the THESERVICEPLACE website from how they would appear if a user typed in their URL to a typical browser line.
You agree that THESERVICEPLACE may in its sole discretion and at any time terminate your access to and use of the THESERVICEPLACE website, or any part thereof, with or without notice.
INFORMATION PROVIDED TO YOU THROUGH THE THESERVICEPLACE WEBSITE From THESERVICEPLACE
The THESERVICEPLACE website contains content and information originated by THESERVICEPLACE (the "THESERVICEPLACE Content"). THESERVICEPLACE presents and makes available such content and information through the THESERVICEPLACE website as a public service, for the sole purpose of aiding you, the individual consumer. THESERVICEPLACE, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
From THESERVICEPLACE Affiliates
For your convenience, the THESERVICEPLACE website contain content and information from THESERVICEPLACE's affiliates and/or links to affiliate websites ("Affiliate Content"). Such content is not under the control of THESERVICEPLACE. THESERVICEPLACE is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. THESERVICEPLACE is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by THESERVICEPLACE of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software, or sites.
From the Public
The THESERVICEPLACE website may include a number of venues such as reviews, ratings, classified advertisements, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public ("Public Content"). Since THESERVICEPLACE firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, THESERVICEPLACE cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. If you wish to inform THESERVICEPLACE of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), if you wish to inform THESERVICEPLACE of any suspected copyright infringement please forward your notification to us.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THESERVICEPLACE CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY THESERVICEPLACE THROUGH THE THESERVICEPLACE WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THESERVICEPLACE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. THESERVICEPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESERVICEPLACE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THESERVICEPLACE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INFORMATION PROVIDED BY YOU THROUGH THE THESERVICEPLACE WEBSITE To THESERVICEPLACE
To the Public
The THESERVICEPLACE website may include a number of venues such as classified advertisements, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to share your thoughts and opinions with other members of the public ("Your Publicly Posted Information"). Since THESERVICEPLACE firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, THESERVICEPLACE cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on any of the THESERVICEPLACE website.
You promise that you will not use the THESERVICEPLACE website to:
- post, upload or otherwise transmit any content not related to appropriate subject matters;
- post, upload or otherwise transmit any content which is misleading to others, including consumers;
- post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
- post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, upload or otherwise transmit any materials that contain software 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; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
By posting content to the THESERVICEPLACE website, you grant THESERVICEPLACE a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through websites controlled by THESERVICEPLACE, including but not limited to the THESERVICEPLACE website, and co-branded or mirrored versions of such sites, and in THESERVICEPLACE's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
You acknowledge that while THESERVICEPLACE does not pre-screen content posted by you to the THESERVICEPLACE website, THESERVICEPLACE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the THESERVICEPLACE website. Without limiting the foregoing, THESERVICEPLACE and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the THESERVICEPLACE website at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the THESERVICEPLACE website, including any reliance on the accuracy, completeness, or usefulness of such content.
THESERVICEPLACE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
By posting, uploading, inputting, providing or submitting content to the THESERVICEPLACE website, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.
YOU AGREE TO INDEMNIFY AND HOLD VALHALLA HOLDINGS LLC AND THESERVICEPLACE AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, AND/OR EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO THESERVICEPLACE SOLICITED INFORMATION, AFFILIATE SOILICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE THESERVICEPLACE WEBSITE AND/OR THESERVICEPLACE AND/OR ITS AFFILIATES.
SERVICES PROVIDED THROUGH THE THESERVICEPLACE WEBSITE
THESERVICEPLACE may provide through the THESERVICEPLACE website a number of venues in which interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, are offered to you. Such services are offered by THESERVICEPLACE for the sole purpose of disseminating information for the public's benefit. THESERVICEPLACE cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THESERVICEPLACE'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. THESERVICEPLACE MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. THESERVICEPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. THESERVICEPLACE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL THESERVICEPLACE BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
A number of commercial services, such as home improvement and other contractor services, are offered by third parties through the THESERVICEPLACE website. You acknowledge that by permitting such services to be offered through the THESERVICEPLACE website, THESERVICEPLACE is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to THESERVICEPLACE. In order for THESERVICEPLACE to distribute your information and facilitate contacts between you and such third parties, you hereby grant THESERVICEPLACE permission to disclose any and all of the information that you provide to THESERVICEPLACE to any such third party that THESERVICEPLACE, in its sole discretion, deems relevant and appropriate.
Any information that you provide to THESERVICEPLACE must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the THESERVICEPLACE website unless you intend, in good faith, to contract with such third party for the use of such service.
THESERVICEPLACE is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release THESERVICEPLACE (and its affiliates, 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.
This Agreement is governed by the laws of the State of Arizona, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Maricopa County, Arizona, in all disputes arising out of or relating to the use of the THESERVICEPLACE website. Use of the THESERVICEPLACE website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and THESERVICEPLACE as a result of this Agreement or use of the THESERVICEPLACE website.
THESERVICEPLACE's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of THESERVICEPLACE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the THESERVICEPLACE website or information provided to or gathered by THESERVICEPLACE with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and THESERVICEPLACE with respect to the THESERVICEPLACE website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and THESERVICEPLACE with respect to the THESERVICEPLACE website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THESERVICEPLACE, ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL THESERVICEPLACE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE THESERVICEPLACE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE THESERVICEPLACE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE THESERVICEPLACE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE THESERVICEPLACE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THESERVICEPLACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless THESERVICEPLACE, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
All materials on the THESERVICEPLACE website (as well as the organization and layout of the THESERVICEPLACE website) are owned and copyrighted or licensed by THESERVICEPLACE, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the THESERVICEPLACE website is permitted without the written permission of THESERVICEPLACE. Any rights not expressly granted herein are reserved.