READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE ACCESSING WEBSITE
Welcome to PlanoPlumbingPro.com (also referred to as "Plano Plumbing Pro", "www.planoplumbingpro.com", "Web site," "site," "we," "us," or "our"). Access to and use of this site is provided subject to the following terms and conditions:
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF THIS SITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH PlanoPlumbingPro.com CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
BY ACCESSING OR USING ANY PART OF THE WEB SITE OR ITS PRODUCTS AND SERVICES (COLLECTIVELY, "SERVICES" OR "SERVICE"), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE OR THESE PRODUCTS AND SERVICES.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at on this site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
PlanoPlumbingPro.com is owned and operated by Bounce Web Systems, LLC registered in Texas. All references, protections, benefits and limitations of liability set forth in this Agreement and applicable to PlanoPlumbingPro.com apply equally to Bounce Web Systems, LLC.
PlanoPlumbingPro.com may also offer other services that are governed by a different agreement.
1. NATURE OF SITE; CONSENT TO BE CONTACTED.
PlanoPlumbingPro.com and its affiliates, business partners, and/or licensors provide a service that allows you to input your information or make calls to receive quotes, calls or service from one or more people/organizations.
You further agree and expressly consent that by submitting information to or calling PlanoPlumbingPro.com, you consent to allow business partners and third-party companies to contact you by telephone, email or mail, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the internal Do Not Call List of a company, or any other Do Not Call List. You also understand and agree that PlanoPlumbingPro.com may transfer any calls that you make to any number(s) posted on the site to a third party service provider.
You understand that PlanoPlumbingPro.com business partners and unrelated third-party companies may maintain the information you submitted to PlanoPlumbingPro.com whether you elect to use their services or not. In the event you no longer want to receive communications from such a company, you agree to notify them directly.
2. IMPORTANT INFORMATION.
PlanoPlumbingPro.com does not provide any type of plumbing services or provide plumbing advice. PlanoPlumbingPro.com, and its affiliates, business partners, and/or licensors help you locate unrelated third-party plumbing companies and service providers. PlanoPlumbingPro.com makes no representations or warranties concerning the qualifications or performance of these third-party companies. The information and locator services provided by PlanoPlumbingPro.com may not be suitable for your needs. Each service provider has its own eligibility requirements, terms and conditions, and fees for their services. Not all services are provided in all states.
3. USER OBLIGATIONS.
By installing, accessing, and using this Web site, you represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Web site, including, without limitation, when you use Services provided. If you provide any false, inaccurate, untrue, or incomplete information, PlanoPlumbingPro.com reserves the right to terminate your access and use of this Web site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Web site and agree not to interfere with the use and enjoyment of this Web site by other users and Bounce Web System LLC's operation or management of this Web site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of PlanoPlumbingPro.com, when using this Web site.
4. DISCLAIMER REGARDING ACCURACY OF THIRD-PARTY INFORMATION.
PlanoPlumbingPro.com makes no warranties or representations whatsoever with regard to any product, advice, information or service provided or offered by any third-party company, and you acknowledge that any reliance on representations and warranties provided by any third-party company shall be at your own risk.
5. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
All programs, software, products, information, documentation, and information contained on or available through the Web site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PlanoPlumbingPro.com does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this Web site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that PlanoPlumbingPro.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
This Web site is Copyright © 2012 and/or its licensors. All rights reserved. Bounce Web Systems, LLC also owns a copyright in the contents of the Web site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Web site. Any software and other downloadable or printable programs, information, video or materials available on this Web site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Bounce Web Systems.
The PlanoPlumbingPro.com logo and all other names, logos, and icons identifying PlanoPlumbingPro.com and its products and services are proprietary trademarks of Bounce Web Systems, LLC, and any use of such marks without the express written permission of Bounce Web Systems, LLC is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. In addition, such mentions are not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with PlanoPlumbingPro.com or Bounce Web Systems, LLC.
This Web site is provided by Bounce Web Systems, LLC. This Agreement provides you, a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use this Web site conditioned on your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Web site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that Bounce Web Systems, LLC transfers no ownership or intellectual property interest in and to the Web site to you or anyone else.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY PlanoPlumbingPro.com TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
6. ENFORCING SECURITY ON THE SITE.
Actual or attempted unauthorized use of the Web site may result in criminal and/or civil prosecution. PlanoPlumbingPro.com reserves the right to view, monitor, and record activity on the Web site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Web site. PlanoPlumbingPro.com will also comply with all court orders involving requests for such information.
7. DISCLOSURE OF YOUR INFORMATION.
You acknowledge, consent and agree that PlanoPlumbingPro.com may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and respond to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any information, services, or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of PlanoPlumbingPro.com, its users and the public.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
PlanoPlumbingPro.com DOES NOT EVALUATE ANY COMPANY, ORGANIZATION, OR INDIVIDUAL, OR THEIR RESPECTIVE OFFERS, THAT ARE ACCESSIBLE THROUGH THIS WEB SITE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, NOR ARE WE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH RESPECT TO THE CONTENT OF THE SERVICE, THE WEB SITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS ACCESSED THROUGH THIS WEB SITE. ANY FINANCIAL OR OTHER RELATIONSHIP ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY THAT AROSE FROM INFORMATION RECEIVED OR ACCESSED THROUGH THIS WEB SITE OR PlanoPlumbingPro.com IS SOLELY BETWEEN YOU AND THE THIRD-PARTY. PlanoPlumbingPro.com IS NOT A PARTY TO YOUR AGREEMENTS AND YOU ASSUME SOLE LIABILITY FOR ANY SUCH AGREEMENTS.
THE WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PlanoPlumbingPro.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED; INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PlanoPlumbingPro.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PlanoPlumbingPro.com SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, AND FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL PlanoPlumbingPro.com BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS WEB SITE, ITS SERVICES, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. Notwithstanding the foregoing, total liability for PlanoPlumbingPro.com for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to PlanoPlumbingPro.com in connection with the subject matter of the particular dispute.
You agree to indemnify and hold PlanoPlumbingPro.com, its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third-party due to or arising from your use of the PlanoPlumbingPro.com services or connection to the PlanoPlumbingPro.com Web site or your violation of this Agreement, or arising from your violation of any rights of a third-party, or other user of the Service using your computer, or of any intellectual property or any other right of any person or entity.
10. MODIFICATIONS AND INTERRUPTION TO SERVICE AND WEB SITE.
PlanoPlumbingPro.com reserves the right to modify or discontinue the Service or site with or without notice to the you. PlanoPlumbingPro.com shall not be liable to you or any third-party should PlanoPlumbingPro.com exercise its right to modify or discontinue the Service. You acknowledge and accept that PlanoPlumbingPro.com does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and operation of our site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. RESPONSIBILITY FOR USE. Use of the Internet and PlanoPlumbingPro.com is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While PlanoPlumbingPro.com has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the PlanoPlumbingPro.com may involve transmission over various networks. Accordingly, PlanoPlumbingPro.com is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the PlanoPlumbingPro.com, or for the consequences of any reliance on such information. Moreover, you agree to assume all risk and liability arising from your use of this PlanoPlumbingPro.com, including the risk of a breach in the security of this PlanoPlumbingPro.com. You assume sole and complete risk for using this PlanoPlumbingPro.com and must make your own determination as to these issues.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. PlanoPlumbingPro.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the web site. PlanoPlumbingPro.com will also comply with all court orders involving requests for such information.
To the extent that PlanoPlumbingPro.com contains bulletin boards, message boards, chat rooms, message areas, platforms, question/answer areas, or other communication forums (collectively, "forums"), you agree that by using the Site you will not post or transmit any of the following materials on PlanoPlumbingPro.com 's forums:
• anything, which interferes with or disrupts the Site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that are bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of PlanoPlumbingPro.com,
• statements or material that misrepresents your affiliation with any entity and/or PlanoPlumbingPro.com,
• anything that violates the privacy rights of any other person,
• chain letters or pyramid schemes,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
• statements or material that are "off-topic" for a designated forum,
• statements or material that solicits or encourages Users to become affiliated or do business with competitors of PlanoPlumbingPro.com, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
13. NO PRE-SCREENING OF POSTINGS.
PlanoPlumbingPro.com is not responsible for screening, policing, editing, or monitoring your, another User's, or other third party content posted to Site forums, and PlanoPlumbingPro.com is not a publisher of such postings. Nevertheless, PlanoPlumbingPro.com reserves the right to delete or take other action with respect to postings that PlanoPlumbingPro.com believes in good faith violate this agreement and/or are potentially unlawful. If you violate this agreement, PlanoPlumbingPro.com may, in its sole discretion, issue you a warning and/or terminate your use of the Site. Moreover, it is a policy of PlanoPlumbingPro.com to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you become aware of postings that violate these rules, you may contact webmaster (at) PlanoPlumbingPro.com.
14. NO ENDORSEMENT OF POSTINGS.
You must use your best judgment and reasonable caution in evaluating all third party postings or other content (including information and opinions posted by others to forums) on the Web site. PlanoPlumbingPro.com does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. PlanoPlumbingPro.com does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party contributing materials to, this Web site. PlanoPlumbingPro.com expressly disclaims all responsibility and liability for such postings, information, and materials.
15. PERMISSION TO USE POSTINGS.
The purpose of this Web site and the services, programs, software, products, materials, and information available through it is to provide information and help individuals consolidate their debt. By submitting information, content, and materials to a forum or other portion of this Web site (including email) or by otherwise using the Web site to transmit information, content, and materials, you automatically grant PlanoPlumbingPro.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Web site, PlanoPlumbingPro.com has not become and is not a publisher of such information, content, and materials.
PlanoPlumbingPro.com welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to PlanoPlumbingPro.com, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to PlanoPlumbingPro.com. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for PlanoPlumbingPro.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
17. MESSAGE STORAGE.
PlanoPlumbingPro.com assumes no responsibility for the deletion of or failure to store any message.
18. PHONE CALLS
By calling any phone number on PlanoPlumbingPro.com, you acknowledge, understand and agree that calls to any phone number on PlanoPlumbingPro.com may be recorded and the recordings and transcripts of conversations, in part or in whole, may be transmitted in the same manner as stated in Section 16 above.
19. THIRD-PARTY PRODUCTS/SERVICES.
PlanoPlumbingPro.com, in its sole discretion, may post the advertisements of third parties on this Web site and/or feature materials, programs, products, and services provided by third parties. PlanoPlumbingPro.com makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Web site are solely between you and such third party. PlanoPlumbingPro.com expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this Web site, and you agree that PlanoPlumbingPro.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Web site.
20. LINKS TO THIRD-PARTY SITES.
21. LINKING TO THE WEB SITE
You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
22. EVENTS BEYOND PlanoPlumbingPro.com's CONTROL.
You expressly absolve and release PlanoPlumbingPro.com from any claim of harm resulting from a cause beyond PlanoPlumbingPro.com's control, including, but not limited to, the performance of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
23. PHOTOSENSITIVE SEIZURES
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.
You understand, acknowledge, and agree that the operation of this Web site requires the submission, use, and dissemination of various personal identifying information. Accordingly, your use of this Web site constitutes acceptance of PlanoPlumbingPro.com's practice of disseminating personal identifying information to third parties.
25. CHILDREN ONLINE PROTECTION ACT NOTIFICATION
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.
26. GOVERNING LAW.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the United States as applied to agreements entered into and completely performed in the United States. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Dallas, TX, U.S. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Bounce Web Systems, LLC from its offices within the United States. PlanoPlumbingPro.com makes no representation that the Web site is appropriate or available for use in other locations, and access to the Web site from territories or nations where any aspect of the Web site is illegal is prohibited. You access this Web site on your own volition and are responsible for compliance with all applicable local laws.
27. TERM AND TERMINATION.
This Agreement will take effect at the time you begin installing, accessing, or using this Web site, whichever is earliest. PlanoPlumbingPro.com reserves the right at any time and for any reason to deny you access to the Web site or to any portion thereof and to terminate this Agreement. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Web site, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Web site in your possession.
The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events Beyond PlanoPlumbingPro.com's Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Availability of Records, Admissibility of this Agreement, Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement for any reason.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by PlanoPlumbingPro.com of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.
A printed version of this Agreement and of any related 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.
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 the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
32. RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship exists between you and PlanoPlumbingPro.com as result of this Agreement or your utilization of this Web site.
33. RESERVATION OF RIGHTS.
Any rights not expressly granted by PlanoPlumbingPro.com herein are reserved.
34. ENTIRE AGREEMENT.
This Agreement, PlanoPlumbingPro.com's and any related or associated service and product or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and PlanoPlumbingPro.com with respect to use of this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PlanoPlumbingPro.com with respect to this Web site.
Please note that PlanoPlumbingPro.com reserves the right to change the terms and conditions of this Agreement and under which this Web site and its many offerings are extended to you. In addition, PlanoPlumbingPro.com may add or delete any aspect of this Web site. Your continued use of this Web site will be conclusively deemed acceptance of any change to this Agreement or the Web site.
35. CONTACT INFORMATION.
If you have questions regarding this Web site or if you are interested in obtaining more information concerning PlanoPlumbingPro.com, please contact PlanoPlumbingPro.com at webmaster (at) PlanoPlumbingPro.com. Please contact your third-party service providers for any questions about their products or services.
36. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
37. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to the purchase of goods, services, participation in a particular program, and/or to specific portions or features of the Web site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Web site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Web site, the latter terms shall control with respect to your use of that portion of the Web site. PlanoPlumbingPro.com obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements. The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.