Terms and Conditions
Welcome to PressureWashPros.com (the "Site"). This Site is owned and operated by Pressure Wash Pros.com, LLC, a Colorado limited liability company ("us" or "we"). Your access to and the use of the Site is subject to the terms and conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE OVER 18 YEARS OF AGE, HAVE READ THIS AGREEMENT, AND AGREE, WITHOUT LIMITATION, TO BE LEGALLY BOUND BY IT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE SITE.
WE MAY FROM TIME TO TIME MAKE CHANGES TO THIS AGREEMENT, AND YOUR USE OF THE SITE AFTER SUCH CHANGES WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES. IT IS ADVISED THAT YOU VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS AND NOTICES.
Authorized, Unauthorized, and Prohibited Uses. We authorize you to use this Site. The Site's content may not be displayed unless we grant prior written consent to a party wishing to use such content. Unauthorized use includes, but is not limited to, IP mapping, barriers, and contacting Internet Service Providers. You agree not to duplicate, copy, reproduce, sell, resell, or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site. We are not required to monitor, police, or remove any user content or other information submitted by you or any other user, or monitor, police, or report any user activity.
Prohibited Uses. The following is a list of examples of prohibited uses, and is not complete or exclusive. You shall not:
Use the Site for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access the Site as such services are offered by us;
Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any materials;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
Incite or encourage illegal activity;
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post anything that exploits children or minors or that depicts cruelty to animals;
Post any copyrighted or trademarked materials without the express permission from the owner;
Post any other party's trade secrets;
Post matters that by their confidential or security clearance nature may threaten lives, international, national, state, local or individual security;
Post outdated materials such as outdated sex offender registries;
Post Court documents that have been sealed;
Post a third party's social security number, credit card number, unpublished phone number, non-public e-mail, physical mail address, medical records or information, tax records, or other confidential or personal information;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Content, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage operation of the Site or any user's enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third party's mail servers without the permission of that third party;
Use any robot, spider, scraper, or other automated means to access the Site, except for accessing RSS feeds;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the PressureWashPros.com experience;
Engage in any activity or upload commercial content that detracts from the PressureWashPros.com experience;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Artificially inflate or alter the ratings available on the Site or alter any comments posted by others on the Site.
We may, in our sole discretion, without notice, for any or no reason, and without penalty, terminate or suspend your access to the Site. Upon termination or suspension, we will have no obligation to refund amounts that you paid in relation to content, documents, features, or subscriptions, or otherwise. We may deny your ability to post to the Site (or the services) and remove your content at any time. We are not under an obligation to, but may delete your user profile at any time. We may terminate any password restricted account for any reason. You may not create multiple user accounts. If you are in violation of these terms and conditions by creating multiple accounts and we terminate any single account, we may terminate all remaining accounts. You shall notify us of the usernames and passwords for all accounts. Once terminated, you shall not open any new user accounts. If you are a terminated or suspended user and you open a new user account in violation of this provision, you shall be liable to us for damages in the amount of $500.
We may report to law enforcement authorities any of your actions that we believe may be illegal, and any report we receive of such conduct. At our discretion or when legally required, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site. Termination or suspension may continue so long as we suspect a violation.
Your Remedies. Your sole remedy with respect to a breach by us of any term in these terms and conditions, or dissatisfaction with (i) the Site, (ii) any terms, (iii) any of our policies or practices in operating the Site, or (iv) any content or information transmitted through the Site, is for you to terminate your account and discontinue using of any and all parts of the Site.
Proprietary Rights. Everything that appears on the Site is protected under United States copyright laws. Unauthorized use is prohibited except as permitted by these terms and conditions. We do not represent or warrant that your use of materials displayed on the Site will not infringe rights of third parties.
Inaccuracies of the Site. We use reasonable efforts to include accurate information on the Site but we make no warranties or representations as to the Site's accuracy. We disclaim any and all liability for the accuracy, completeness, or correctness, of such information.
Security. We use reasonable efforts to safeguard the security of the Site but there are no guaranties that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
Disclaimer of Warranties. We, and any party involved in creating or delivering the Site, do not make any representations about the suitability of the content of the Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Indemnification. You agree to indemnify, defend, save, and hold us harmless, as well as our parent, and affiliated companies, contractors, employees, agents, attorneys, and any third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation of this agreement by you, or any breach of the representations, warranties, and covenants made by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend or hold us harmless, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, EXCEPT FOR OUR RIGHT TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. To the extent allowed by applicable law, you expressly waive the right and agree not to bring or participate in any class action or join in or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
Limitation of Liabilities. We, and any party involved in creating or delivering the Site, do not assume responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment or other property because of your access to or use of the Site or downloading any schedules, data, text, images, or anything else from the Site. Such activities are at your own risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.
Limitation of Damages. IN NO EVENT WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ATTORNEYS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS PROVIDE LIABILITY INSURANCE OR INDEMNIFICATION TO YOU FOR DAMAGES OR LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE). OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BY US AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
Content Submitted or Made Available for Inclusion at the Site. Any unsolicited communication or material that you transmit to the Site, including but not limited to any questions or comments, will be treated as non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by us or our affiliates for any purpose. We are free to use any ideas, concepts, techniques contained in the communications or material that you send to the Site for any purpose.
Trademarks. The trademarks, logos, or service marks (collectively "Trademarks") displayed on the Site are either registered or unregistered Trademarks belonging to us. Nothing on the Site should be construed as granting or implying any license or right to use any Trademark displayed on the Site without our prior written consent. Unauthorized use of any such Trademarks is strictly prohibited. Our intellectual property rights will be strictly enforced to the fullest extent of the law including but not limited to criminal prosecution.
Links and Gateways. We are not responsible for any content of other sites linked to the Site. Clicking on links to other sites is at your own risk.
Payments and Credit Card Processing. When you click on the wash button, you are agreeing to the terms and conditions of this agreement and will subsequently be asked for payment. To submit payment, you will leave our website and be taken to a credit card processing site operated by Wells Fargo Bank or other similar bank. In the event that your credit card is declined, the wash request will be cancelled. We assume no responsibility or liability arising from the credit card processing link, the credit card processing, the bank's website, any processing activities, identity theft, credit card theft, fraud, privacy breaches, or any other related violations of the law.
Notices. We are not obligated to provide notice of any Site changes to you.
Assignment. You may not transfer or assign this Agreement or any rights and licenses granted hereunder. Any attempted assignment made by you in violation of these terms shall be void. We may assign this Agreement without restriction.
Governing Law. The terms and conditions of this Agreement are governed by the laws of the state of Colorado without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts of Denver County or Arapahoe County, Colorado. You consent to personal jurisdiction of these courts for the purposes of litigating any such action.
Severability Waiver. If any provisions of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right with respect to subsequent or similar breaches.
Entire Agreement. This agreement sets forth the entire understanding between the parties with respect to the subject matter of this agreement.