Terms of Service
TLCDRYWALL.COM REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF WWW.TLCDRYWALL.COM.
BY ACCESSING OR USING TLCDRYWALL.COM (THIS SITE) YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER AGREEMENTS THAT WE MAY POST ON THE SITE.
BY VIEWING, VISITING, USING, OR INTERACTING WITH TLCDRYWALL.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF TLCDRYWALL.COM.
TLCDRYWALL.COM SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.
TLCDRYWALL.COM RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, TLCDRYWALL.COM IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS WWW.TLCDRYWALL.COM, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT WWW.TLCDRYWALL.COM.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of TLCDrywall.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing TLCDrywall.com and that accessing TLCDrywall.com constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, FRAMING AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to “frame” the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of TLCDrywall.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing TLCDrywall.com and that accessing TLCDrywall.com constitutes acceptance.
DISCLAIMER FOR CONTENTS OF SITE
TLCDrywall.com disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on TLCDrywall.com. TLCDrywall.com disclaims any responsibility for the performance of any company or business linked to on, or mentioned on TLCDrywall.com. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By using, viewing or interacting in any manner with this site, including banners, advertising, pop-ups or downloads, and as a condition of the website to allow their lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, riots, war, terrorism, insurrection, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
INDEMNIFICATION
Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of TLCDrywall.com, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.
NOTICE
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Hearing will take place in the city or county of the owner of the TLCDrywall.com domain name.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the home or business address of the owner of the TLCDrywall.com’s domain name.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of TLCDrywall.com.
Telephone Consumer Protection Act Consent
You agree and acknowledge that you are interested in hiring a wall or ceiling repair or maintenance company, or are at least interested in learning more about the process of installing, painting, repairing or maintaining a wall or ceiling system, and you are wanting to be contacted to either have that service provided to you or to learn more information about these services or the process of obtaining that type of service from an individual or company that works in this field.
You agree and acknowledge that when you call a phone number listed on the TLCDrywall.com website or send TLCDrywall.com an email, you expect to be contacted in regards to those services.
When filling out the email form on TLCDrywall.com to request information on services you will be prompted to provide information about yourself such as name, email address, phone number and any additional comments you want to add.
Some, if not all, of the information you provide to TLCDrywall.com will be sent to an independent service professional so they can respond to your service request. When you submit your information on the TLCDrywall.com contact form or provide this information to us you are giving us your consent and verification of your intention that you want to be contacted by us or/and local or regional service professionals and contractors who provide services via phone, text, email, SMS messaging, or other means, at any of the contact numbers or addresses, even if you have previously or currently are listed on any federal Do Not Call List or other state, federal, city or county list. This includes solicitations, notifications, appointment scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails.
You are also authorizing TLCDrywall.com and any related partner or independent service provider to possibly send you prerecorded automated calls confirming service requests or scheduled appointments. You may receive calls from a service professional who can assist with your request to the phone number you provided. You understand that these partners or service providers may use prerecorded telephone technology including prerecorded messages that are autodialed to call you and that your consent is not required to purchase products or services.
You acknowledge and agree that by submitting a form or dialing the phone number listed on TLCDrywall.com, you are entering into a business relationship with an independent service provider and thus you are agreeing to be contacted by them.
If you intentionally or knowingly input false information into the form at TLCDrywall.com, including but not limited to the use of someone else’s name, email address, physical address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number you agree to indemnify us and our partners and be liable to us and each of our service partners for a minimum amount of $10,000 and even more if further damages and losses occur such as legal fees and damages including direct, indirect, punitive and consequential damages, judicial fines, attorney expenses, regulatory fines, and any other penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.
You agree and acknowledge that you are not using the TLCDrywall.com email form or phone number to solicit us or any other service professionals for marketing or advertising purposes or any other use not contemplated herein.
SMS Messaging
By filling in a form at TLCDrywall.com and submitting your information to us, our partners or independent operators, you acknowledge and agree that our partner or independent service professionals may send you informational text or SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time.
Call Recordings
You agree and acknowledge that TLCDrywall.com and our partners may monitor and/or record any phone calls you make using the phone numbers listed on our websites.
No Professional Advice
The content on TLCDrywall.com may appear to offer advice from time to time and you acknowledge and agree that any apparent suggestions or advice does not substitute for the knowledge and advice from a service professional. TLCDrywall.com is not offering professional advice and you should not rely on any of the content on TLCDrywall.com to be professional advice. You should always get the advice of a local professional. TLCDrywall.com is not liable for any decision you make that you later regret or if you spend more money than you previously expected because you followed suggestions or advice.
Disputes Between You and a Service Professional
TLCDrywall.com is not owned by or affiliated with any drywall installation or repair company or contractor, or painting company or contractor. TLCDrywall.com is not affiliated with any home repair service of any kind.
TLCDrywall.com does not perform any drywall installation, drywall repair, wall or ceiling painting, home maintenance or physical home or business service of any type whatsoever.
Any relationship you have with a drywall installation or repair company or home painter is between you and that company. You have no relationship with TLCDrywall.com.
TLCDrywall.com does not guarantee the work of any service professional and any disputes that arise between you and a service professional are between you and the service professional, not TLCDrywall.com. TLCDrywall.com has no obligation to you in regards to your relationship between you and your service professional or the quality of work performed by the service professional, or any damages caused to you or your property by the service professional(s).
Indemnification
You agree to indemnify TLCDrywall.com, our employees, our partners, our officers, our agents, and our owners, and hold each of us harmless from any and all demands or claims including legal expenses and attorney fees made by any third party because of or arising from the use of any of our services or partner services in connection with any of our websites, with regard to any disputes between you and service professionals or contractors, or your violation of any of these terms and conditions, or any claims arising from your violations of any rights of any third party.
Arbitration and Governing Law
Any dispute between you and us or the TLCDrywall.com website must be resolved exclusively by binding arbitration through the American Arbitration Association or in small claims court in a competent jurisdiction. However, whether you choose arbitration or small claims court, you may not commence any type of class action, class arbitration or other representative actions or proceedings against us.
Service Professional Pre-Screening Disclaimers and Procedures
TLCDrywall.com make no guarantees of the quality of the service professionals you may contact or who may contact you. The independent service providers found through the TLCDrywall Website or partners of TLCDrywall.com have their own requirements and may prescreen their service professionals as they deem appropriate. Although most service professionals are qualified and certified in their trade, there is a chance that certain providers may not have proper business licenses and filings, or not be able to successfully pass a criminal background records search, sex offender search, identity verification search, or legal history records search. Many companies pre-screen for some or all of these things but those screening methods can vary from company to company.
General Provisions
You agree and acknowledge that our services offered are provided to you on an “as is” basis with no warranties or guarantees whatsoever, and your exclusive and sole remedy for dissatisfaction of the services we offer or provide is to discontinue using our services. Except as expressly set forth herein we expressly disclaim any implied warranties or guarantees of any kind and you agree that we shall have no liability for direct, incidental, indirect, special, consequential, or incidental damages, including but not limited to lost profits, punitive damages, exemplary damages, or other damages, even if we have been advised of the possibility of such damages, arising out of arising out of this agreement or any other consequences which could flow from it. If any of the provisions of terms and conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent jurisdiction then that provision shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our services offered, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred.
Headings and Titles
The headings and titles of any of the various sections of our Disclosures, Disclaimers, Privacy, About Us, User Terms or Terms of Service pages, including this one, have no legal or contractual effect and have been provided only for your convenience.