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Terms Of Use
Mar 10, 2010
Welcome to www.VinylSidingZone.com.com (the “Website”). The following terms of use (“Terms of Use”) govern your use of the Website. It is vitally important that you read the Terms of Use carefully as your use of the Website and the services and goods provided through our Website will constitute your agreement to be legally bound by the terms and conditions set forth in these Terms of Use.
If for any reason you do not agree to these Terms of Use in their entirety, you may not use the Website or the services provided by the Website.
We may amend these Terms of Use from time to time. If you continue to use the Website and/or the services provided by the Website after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the Website and the services provided by the Website.
To use this Website and the services, you must be of legal age to enter into a binding contract and not be prohibited from using the Website or the services by the laws of the jurisdiction from which you access the Website or the services.
1. Our Service
VinylSidingZone.com provides various content related to home improvement and repair and connects consumers with contractors (the “Service”). VinylSidingZone.com owns and retains all intellectual property rights in the Service and the VinylSidingZone.com content. While VinylSidingZone.com is not required to screen content accessible through links on the Service, VinylSidingZone.com reserves the right to do so and to remove any such links at any time.
2. Use of the Services.
The information contained within this Website is provided by VinylSidingZone.com and is intended for consumer and informational use only. You agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Services for any commercial purpose. Content may be reproduced for non-commercial purposes only as long as VinylSidingZone.com is notified of such usage.
Your use of the Service is subject to all applicable laws and regulations. You acknowledge and agree to all of the-then current terms of our privacy policy as set forth on the Website and as updated from time to time by VinylSidingZone.com in its sole discretion.
You are solely responsible for the products or services you buy through the Service. By providing links to other sites, VinylSidingZone.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to VinylSidingZone.com.
You must not: (a) directly or indirectly, interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (b) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Website without our prior expressed written permission; (c) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (d) use or disclose (to anyone except VinylSidingZone.com) any confidential information you obtain from VinylSidingZone.com, (e) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (f) send any unsolicited e-mail or advertising to any known user.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. You are using the Website and the content thereon at your own risk (see Disclaimers below).
3. Contractor Matching Service. In using VinylSidingZone.com's contractor matching service,
you acknowledge that VinylSidingZone.com is not acting as your general contractor, agent,
or advisor. Therefore, it is your sole responsibility to select a contractor
and to negotiate the terms for any work performed. You may want to consult
with appropriate expert advisors 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.
VinylSidingZone.com does not recommend or endorse any specific service provider, provide
advice on which service provider to select, or screen any individual service
provider's personal credit or legal standing.
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
either are capable or willing to complete your service needs. Although we take
certain steps to examine the credentials of our listed service professionals,
we make no guarantees or representations regarding the application or installation
skills 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. It is entirely up
to you to enter into a direct contract or otherwise reach agreement with a
service professional, and we do not guarantee or warrant their performance
on the job or the outcome or quality of the services performed. Your rights
under contracts you make with service professionals typically are governed
by your state and local laws. Should you have a dispute with any service professional,
you must address such dispute to the service professional directly, and you
hereby agree to release VinylSidingZone.com (and our employees and agents) and any other
person, firm, or entity (including our business partners such as a product
manufacturer or supplier who may employ the VinylSidingZone.com matching utility) 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.
VinylSidingZone.com 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 provider's record
may have occurred which were not captured by the third party data sources used.
VinylSidingZone.com does not guarantee that any service provider has licensing or insurance
coverage at the time you enter into an agreement with the service provider
and makes no representation as to the adequacy of any licensing or insurance
coverage (including amount, breadth, or type). The existence of an insurance
or licensing certificate does not guarantee that the insurance is in effect,
as the service provider may cancel the insurance without VinylSidingZone.com's knowledge.
Unless otherwise specifically stated, VinylSidingZone.com does not endorse any product or
service described in, offered on, or linked to VinylSidingZone.com's websites.
4. Content You Submit.
By posting or submitting content on or to the Service, including, without limitation,
commentary, customer reviews, testimonials, feedback and messages on our blog
(regardless of the form or medium with respect to such content, whether text,
videos, photographs, audio or otherwise), you grant VinylSidingZone.com and its affiliates,
agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free,
and non-exclusive license to reproduce, adapt, modify, translate, display,
publish, publicly perfom, publicly display and distribute any content you submit,
post or display through the Services. You agree that any content you submit
may be republished anywhere on our Website without your prior consent, including,
but not limited to, our monthly newsletter and blog. Your content may also
be referenced in other publications and marketing materials not affiliated
with VinylSidingZone.com. You shall be solely responsible for your own submissions and the
consequences of posting or publishing them. In connection with each of your
submissions, you affirm, represent, and/or warrant that you own or have the
necessary licenses, rights, consents, and permissions to grant the above license
to VinylSidingZone.com. You agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to or infringes or misappropriates
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant VinylSidingZone.com all of the rights granted herein;
(ii) publish falsehoods or misrepresentations; (iii) use the Service for any
illegal purpose or submit material that is unlawful, obscene, harmful, tortious,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post personal identity information such as credit card numbers, or (v)
post advertisements or solicitations, including income opportunities, unless
you have received our prior express written consent. VinylSidingZone.com reserves the right
to remove or not publish submissions without prior notice.
If you are a copyright owner or agent thereof and believe that user content
infringes upon your copyright, please submit notice, pursuant to the Digital
Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with
the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright; (ii) a description
of the copyrighted work that you claim has been infringed; (iii) the URL of
the location containing the material that you claim is infringing; (iv) your
address, telephone number, and email address; (v) a statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached at:
By mail:
VinylSidingZone.com.com
Attn: Copyright Agent
1051 E. Hillsdale Blvd., 8th Floor
Foster City, CA 94404
By fax: 650-350-1423
5. Your Requests for Information.
We may reject any request for information for any reason or no reason, including,
without limitation, if a request (i) does not appear legitimate, (ii) is
not filled out in its entirety, or (iii) is determined by VinylSidingZone.com to violate
any of these Terms of Use.
Your contact information will be retained by VinylSidingZone.com, however, except as set
forth herein and in our privacy policy, we will not sell your information to
any third parties. You will receive communications by email to confirm your
request and to later provide us with feedback. You may also receive e-newsletters
and special promotions from VinylSidingZone.com, but you may opt to be removed from these
distributions at anytime as set forth in our privacy policy.
6. Links.
VinylSidingZone.com and its affiliates provide links to external websites or resources to
sign up for products and services provided by third parties, or for your convenience
and reference. VinylSidingZone.com and its affiliates do not endorse and are not responsible
for the availability of these external websites or resources or for any content,
advertising, products, or other materials on or available from such external
websites or resources. Your use of and dealings with the owners or operators
of these external websites or resources are at your own risk. You cannot make
any claim against VinylSidingZone.com or its affiliates arising out of your use of external
websites or resources.
7. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS
WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR
YOUR USE. VinylSidingZone.com 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, TITLE, AND NON-INFRINGEMENT.
NEITHER VinylSidingZone.com, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
THE CONTENT AND SERVICE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT THE CONTENT OR SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR THAT YOUR INFORMATION WILL BE KEPT PRIVATE AND CONFIDENTIAL
(EXCEPT AS SET FORTH IN VinylSidingZone.com’S PRIVACY POLICY). YOUR USE OF THIS WEBSITE
IS SOLELY AT YOUR OWN RISK.
FOR THE AVOIDANCE OF DOUBT, VinylSidingZone.com WILL BEAR NO LIABILITY FOR ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY
YOU IN CONNECTION WITH THE SERVICE. FURTHERMORE, VinylSidingZone.com DOES NOT ENDORSE, WARRANT
OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.
8. Limitation of Liability.
VinylSidingZone.com AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
AFFILIATES, SUCCESSORS AND ASSIGNS (THE “VinylSidingZone.com PARTIES”) SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF THE VinylSidingZone.com PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VinylSidingZone.com PARTIES’ COLLECTIVE
MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THESE TERMS OF USE SHALL IN NO
EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES, IF ANY. THE LIMITATIONS
OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE
OR OTHER TORT.
9. Indemnification
You agree to indemnify and hold each of VinylSidingZone.com, its affiliates, officers, directors,
employees, partners, representatives, contractors, successors and assigns harmless
from any claim or demand, including attorneys' fees, arising out of your use
of the Website or the Service or your violation of our Terms of Use, or the
infringement by you, or any other subscriber of your message board account,
of any intellectual property or other right of any person or entity.
10. Termination.
If you breach any provision of the Terms of Use, you may no longer use the
Service. You may cease using the Services at any time.
VinylSidingZone.com may, in its sole discretion, change, suspend, or terminate, temporarily
or permanently, the Service or any part of it at any time, for any reason,
without notice to you and without liability to you or any other person.
If VinylSidingZone.com terminates the Terms of Use for any reason, the Terms of Use will
continue to apply and bind you with respect to your prior use of the Service.
Upon termination, VinylSidingZone.com may remove from the Website and permanently delete
and destroy any content that you or others may have posted or submitted without
any prior notice or liability to you or any other person.
11. Miscellaneous.
Nothing in these Terms of Use is intended to or will create any form of partnership,
joint venture, agency, or employment relationship between the parties. You
may not assign these Terms of Use, by operation of law or otherwise, without
the prior written consent of VinylSidingZone.com. These Terms of Use shall inure to the
benefit of and be binding upon you and VinylSidingZone.com and your and our respective successors
and permitted assigns. The failure of either party to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by such party in writing.
If a court of competent jurisdiction declares any provision of these Terms
of Use to be invalid or unenforceable, the remainder of these Terms of Use
will continue in full force and effect. These Terms of Use shall be construed
in accordance with the laws of the State of California, without giving effect
to its conflict of laws provisions. You and VinylSidingZone.com agree to submit to the exclusive
jurisdiction of the state courts located in San Mateo County, California and
the federal courts located in the Northern District of California, with respect
to disputes hereunder. The following sections shall survive termination of
the Terms of Use: 3, 4, and 6 through 11. These Terms of Use constitute the
entire agreement between you and VinylSidingZone.com relating to the subject matter hereof
and supersede all prior agreements relating to the subject matter hereof.
