This Website and the services of GuttersBroward (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by GuttersBroward and collectively referred to herein as "GuttersBroward" on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.GuttersBroward.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on March 21. 2017
THE SERVICES
At GuttersBroward we are committed to making your total GuttersBroward experience a positive one. GuttersBroward is a service where you request a referral for a specific task, and we send you to up to 3 phone calls and/or emails from Service Professionals.
- Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed recommended by our website, we make no guarantees, warranties or representations regarding the skills or undertakings 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. GuttersBroward does not endorse or recommend the services of any particular Service Professional. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of GuttersBroward, nor is GuttersBroward an agent of the Service Professionals.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy GuttersBroward on the fee disputes). YOU HEREBY AGREE TO RELEASE GuttersBroward (AND Our WEBSITE OWNERS) 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.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT Upon using GuttersBroward, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, including marketing related emails. You also authorize to receive calls from up to 3 service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either GuttersBroward or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy policy. You agree that by completing a service request, you are entering into a business relationship with GuttersBroward and/or a Service Professional and thus agree to be contacted by GuttersBroward and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or GuttersBroward has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GuttersBroward has the right to refuse any current or future use of the GuttersBroward Services (or any portion thereof) by you.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the GuttersBroward resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the GuttersBroward Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the GuttersBroward resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
ARTICLES AND OTHER CONTENT
GuttersBroward provides certain content relating to home improvement, repair, maintenance ("Articles"), on the GuttersBroward or apps, and via mobile applications owned and operated by GuttersBroward. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the GuttersBroward or apps will let you leave GuttersBroward's Web site. The linked sites are not under the control of GuttersBroward and GuttersBroward is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. GuttersBroward is not responsible for webcasting or any other form of transmission received from any linked site. GuttersBroward is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GuttersBroward of the site.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
GuttersBroward respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at GuttersBroward@gmail.com
INDEMNIFICATION
YOU AGREE TO INDEMNIFY GuttersBroward, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE GuttersBroward SERVICES IN CONNECTION WITH THE GuttersBroward WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS
- You acknowledge and agree that the GuttersBroward Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and GuttersBroward's sole obligation to you or any third party for any claim arising out of your use of the GuttersBroward Services or the GuttersBroward or apps, is that you are free to discontinue your use of the GuttersBroward Services or. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GuttersBroward EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT GuttersBroward SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF GuttersBroward HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of GuttersBroward's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of GuttersBroward to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Broward County, Florida. These Terms and Conditions constitute the entire agreement between you and GuttersBroward and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.