Terms and Conditions

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to meol.direktorigaji.com (the “Website”). This Website is owned and operated by meol.direktorigaji.com (hereinafter referred to as “the Company,” “we,” “us,” or “our”).

These comprehensive Terms and Conditions of Use (“Terms,” “Agreement”) govern your access to and use of this Website, including any content, functionality, products, and services offered on or through https://meol.direktorigaji.com/. By accessing, browsing, interacting with, submitting content to, registering an account on, or otherwise using any part of the Website, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, including all disclaimers, limitations of liability, and obligations, you must immediately cease all access to and use of the Website and any information or services provided herein. Your continued use of the Website after any changes to these Terms signifies your binding acceptance of those changes.

This Agreement constitutes a legally binding contract between you and meol.direktorigaji.com. It applies to all visitors, users, and others who access or use the Website, regardless of whether they have registered an account or are simply browsing.

2. DEFINITIONS

For the purpose of these Terms and Conditions, the following definitions apply:

  • “Website”: Refers to meol.direktorigaji.com, located at https://meol.direktorigaji.com/, including all its subdomains, pages, content, features, functionalities, and services.
  • “Company” / “we” / “us” / “our”: Refers to the entity operating the Website, meol.direktorigaji.com.
  • “User” / “you” / “your”: Refers to any individual or entity accessing, browsing, interacting with, or using the Website in any manner.
  • “Content”: Refers to all information, data, text, software, scripts, graphics, photos, sounds, music, videos, articles, guides, tutorials, product listings, reviews, messages, interactive features, and other materials, whether publicly posted or privately transmitted, available on or through the Website, including both Company Content and User Generated Content.
  • “Company Content”: Refers to all Content created, owned, or licensed by the Company and made available on the Website, including articles, guides, images, videos, product recommendations, and all other proprietary materials.
  • “User Generated Content” (UGC): Refers to any Content that Users upload, post, submit, or otherwise transmit to or through the Website, including but not limited to comments, reviews, articles, photos of projects, questions, suggestions, or other submissions.
  • “Services”: Refers to all functions, features, tools, and resources provided by the Website, including but not limited to informational articles, product comparisons, community forums (if any), and access to third-party links.
  • “Home Exterior Niche”: Refers to the specific area of focus of this Website, encompassing topics related to the exterior of residential and commercial buildings, including but not limited to roofing, siding, windows, doors, gutters, landscaping, decks, patios, fencing, painting, outdoor lighting, and general exterior maintenance, repair, and improvement.
  • “Third-Party”: Refers to any person, company, or entity other than the Company or the User, often involving external websites, products, services, or advertisements linked from the Website.
  • “Intellectual Property Rights”: Refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

3. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. We will indicate the date of the “Last Updated” revision at the top of this page. Any changes made will be effective immediately upon their posting on the Website.

While we may, at our discretion, attempt to notify you of significant changes through reasonable means, such as by posting a prominent notice on the Website or, for registered users, by sending an email to the address associated with your account, it remains your primary responsibility to review these Terms periodically for updates. You are advised to check this page frequently to be aware of any changes, as they are binding on you. Your continued use of the Website after the effective date of any revised Terms signifies your irrevocable acceptance of the modified Terms. If you do not agree to the new Terms, you must stop using the Website.

4. WEBSITE CONTENT AND PURPOSE – HOME EXTERIOR FOCUS

This Website, meol.direktorigaji.com, is dedicated to providing general information, inspiration, resources, and insights related to the Home Exterior niche. Our Content may include, but is not limited to: articles on various exterior materials (e.g., roofing shingles, vinyl siding, composite decking), guides on maintenance and repair (e.g., gutter cleaning, exterior painting tips), product reviews and comparisons (e.g., window brands, power washing equipment), design ideas, contractor selection advice, and general informational resources for homeowners and enthusiasts interested in improving or maintaining the exterior of their properties.

IMPORTANT DISCLAIMER REGARDING PROFESSIONAL ADVICE AND SAFETY:

THE CONTENT PROVIDED ON THIS WEBSITE IS FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO CONSTRUCTION, ENGINEERING, ARCHITECTURAL, LANDSCAPING, ELECTRICAL, PLUMBING, LEGAL, FINANCIAL, OR MEDICAL ADVICE.

YOU MUST NOT RELY ON THE INFORMATION ON THIS WEBSITE AS AN ALTERNATIVE TO PROFESSIONAL ADVICE FROM A QUALIFIED EXPERT IN THE RELEVANT FIELD. ALL DECISIONS REGARDING HOME EXTERIOR PROJECTS, RENOVATIONS, REPAIRS, OR MAINTENANCE SHOULD BE MADE IN CONSULTATION WITH LICENSED AND INSURED PROFESSIONALS. WE STRONGLY ADVISE YOU TO SEEK THE ADVICE OF A PROFESSIONAL FOR ANY SPECIFIC QUESTIONS, CONCERNS, OR PROJECTS YOU MAY HAVE.

DIY (DO-IT-YOURSELF) PROJECTS, ESPECIALLY THOSE INVOLVING HOME EXTERIORS, CAN BE DANGEROUS AND MAY INVOLVE SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO FALLS FROM HEIGHTS, STRUCTURAL DAMAGE, ELECTRICAL HAZARDS, PLUMBING ISSUES, PERSONAL INJURY, PROPERTY DAMAGE, OR FINANCIAL LOSS. YOU ARE SOLELY RESPONSIBLE FOR EXERCISING CAUTION, ADHERING TO ALL APPLICABLE BUILDING CODES, SAFETY GUIDELINES, AND LOCAL REGULATIONS, AND OBTAINING ANY NECESSARY PERMITS BEFORE UNDERTAKING ANY PROJECT BASED ON INFORMATION FROM THIS WEBSITE.

WE DO NOT ENDORSE OR GUARANTEE THE QUALITY, SAFETY, OR EFFECTIVENESS OF ANY PRODUCTS, SERVICES, COMPANIES, OR TECHNIQUES MENTIONED OR ADVERTISED ON THIS WEBSITE. ANY REFERENCES TO PRODUCTS, SERVICES, OR THIRD-PARTIES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE DOING SO AT YOUR OWN SOLE RISK AND THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INJURY, OR LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR YOUR ATTEMPT TO IMPLEMENT ANY PROJECT OR ACTIVITY BASED ON SUCH INFORMATION.

5. USER ACCOUNTS (If Applicable)

To access certain features of the Website, such as commenting, submitting reviews, or participating in forums, you may be required to register for an account. If account registration is available and you choose to register, you agree to:

  • Provide Accurate Information: Provide true, accurate, current, and complete information about yourself as prompted by the registration form.
  • Maintain Account Security: Maintain the confidentiality of your password and account details, and be fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
  • Age Requirement: Be at least 18 years of age (or the age of legal majority in your jurisdiction) and legally capable of entering into binding contracts.
  • Updates: Promptly update your registration data to keep it true, accurate, current, and complete.

We reserve the right to refuse registration, suspend or terminate your account, or remove or edit Content related to your account at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if we believe that the information provided is untrue, inaccurate, not current, or incomplete, or if you violate any provision of these Terms. Upon termination, your right to use the Website will immediately cease.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Company Content

All Content, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Company Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Website is owned, controlled, or licensed by or to the Company, and is protected by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Website and no Company Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website, or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent. Your access to the Website does not grant you any ownership or other rights in any Content.

6.2. User Generated Content (UGC)

By submitting, posting, or displaying User Generated Content on or through the Website, you represent and warrant that:

  • You are the sole owner of all rights in, or have all necessary licenses, rights, consents, and permissions to, such User Generated Content (including, without limitation, all copyright and other proprietary rights thereto) and have full authority to grant the rights herein granted.
  • The User Generated Content is accurate, not misleading, and does not violate any applicable law or regulation.
  • The User Generated Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
  • The User Generated Content does not contain any defamatory, obscene, indecent, hateful, racially or ethnically offensive, violent, or otherwise objectionable material.
  • The User Generated Content does not contain viruses, malware, or any other harmful code.

By uploading, posting, publishing, or otherwise making available any User Generated Content on or through the Website, you hereby grant to the Company a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, publish, perform, transmit, and otherwise exploit your User Generated Content in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now known or hereafter developed. This license includes the right for the Company to make your User Generated Content available to other users of the Website and to partners with whom the Company has a contractual relationship, for the performance of the Company’s Services.

You also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display, and perform such User Generated Content as permitted through the functionality of the Website and under these Terms and Conditions.

You understand that your User Generated Content may be viewed by other users and may be able to be commented on, shared, or otherwise interacted with. The Company does not guarantee any confidentiality with respect to any User Generated Content you submit.

6.3. Digital Millennium Copyright Act (DMCA) Notice & Takedown Procedure

The Company respects the intellectual property rights of others and expects users of the Website to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Company service that are reported to our Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Website.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., URL(s)).
  3. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Deliver this Notice, with all items completed, to:
Designated Copyright Agent: [email protected]
Subject: DMCA Notice

7. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • To upload, post, transmit, or otherwise make available any User Generated Content that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • To upload, post, transmit, or otherwise make available any User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  • To upload, post, transmit, or otherwise make available any User Generated Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • To upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • To upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • To interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
  • To “stalk” or otherwise harass another user.
  • To collect or store personal data about other users without their express consent.
  • To obtain or attempt to obtain unauthorized access to computer systems or networks connected to the Website through any means.
  • To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • To use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • To use any device, software, or routine that interferes with the proper working of the Website.
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Violation of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

8. THIRD-PARTY LINKS AND CONTENT

The Website may contain links to third-party websites, products, services, or advertisements that are not owned or controlled by the Company. These links are provided solely as a convenience to our users, often for informational purposes, to provide additional resources, or to offer relevant products and services.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, practices, security, quality, accuracy, availability, or any other aspect of any third-party websites or services. We do not endorse or make any representations about these third parties. Your access and use of any third-party websites, products, or services is entirely at your own risk. When you click on a third-party link, you will leave our Website, and these Terms and our Privacy Policy will no longer apply.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. You agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. This includes, without limitation, any damage or loss specifically related to home exterior products, services, or contractors encountered through such third-party links.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

THE COMPANY 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, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT:

  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
  • ANY ERRORS IN THE SOFTWARE OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED.
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
  • THE DEPICTION OR REPRESENTATION OF HOME EXTERIOR PRODUCTS, DESIGNS, OR TECHNIQUES ON THE WEBSITE WILL BE ACCURATE, REALISTIC, OR ACHIEVABLE IN PRACTICE.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT ALL HOME EXTERIOR PROJECTS CARRY INHERENT RISKS AND MAY REQUIRE SPECIFIC SKILLS, TOOLS, AND KNOWLEDGE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION, GUIDES, OR SUGGESTIONS ON THIS WEBSITE WILL BE SAFE, EFFECTIVE, OR APPROPRIATE FOR YOUR SPECIFIC CIRCUMSTANCES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL INFORMATION AND CONSULTING WITH QUALIFIED PROFESSIONALS BEFORE UNDERTAKING ANY PROJECT.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE.
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
  • ANY CONTENT OBTAINED FROM THE WEBSITE.
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
  • ANY ERRORS OR OMISSIONS IN THE WEBSITE’S CONTENT.
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON, OR AVAILABLE FROM, THE WEBSITE.
  • ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF COMPANY RECORDS, PROGRAMS, OR SERVICES.
  • PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ESPECIALLY IN RELATION TO YOUR EXECUTING OR ATTEMPTING TO EXECUTE ANY HOME EXTERIOR PROJECT BASED ON INFORMATION OBTAINED FROM THE WEBSITE WITHOUT PROPER PROFESSIONAL CONSULTATION.

IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100.00 USD), WHICHEVER IS LESSER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms or your use of the Website.
  • Your use of any information obtained from the Website.
  • Your User Generated Content, including any claim that your User Generated Content infringes or violates any intellectual property or other rights of a third party or violates any applicable law.
  • Any activities you undertake based on information or advice gleaned from the Website, especially in relation to home exterior projects, including but not limited to personal injury, property damage, or financial loss resulting from your actions or omissions.
  • Your violation of any rights of another, including other Users or third parties.
  • Your acts or omissions resulting in any actual or alleged personal injury, death, or property damage.

This indemnification obligation will survive these Terms and your use of the Website.

12. TERMINATION

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Causes for such termination or suspension include, but are not limited to: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website.

Upon termination, your right to use the Website will immediately cease. Some provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding relating to your access to or use of the Website shall be instituted in the state or federal courts located in the State of California, United States. You and the Company agree to submit to the personal and exclusive jurisdiction of these courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

14. DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

14.1. Informal Resolution and Notification of Dispute

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website, both you and the Company agree to first attempt to resolve the dispute informally for at least thirty (30) days before initiating any formal proceeding. The party asserting the dispute must first send a written notice to the other party, providing a detailed description of the dispute, the facts underlying the dispute, and the relief sought. Notice to the Company should be sent by email to [email protected] with the subject “Notice of Dispute.” Notice to you will be sent to the email address associated with your account, if applicable, or any other reasonable means. This informal dispute resolution period is a condition precedent to any arbitration or legal action.

14.2. Agreement to Bind Arbitration

If the parties are unable to resolve the dispute informally within thirty (30) days, you and the Company agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief as set forth below) arising out of or in connection with these Terms, or the breach or alleged breach thereof, through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator, agreed upon by both parties, with expertise in internet and technology law.

14.3. Arbitration Procedure

The arbitration will be conducted in the English language. The arbitration award may be entered as a judgment in any court of competent jurisdiction. The arbitration proceedings shall take place in San Francisco, California, United States, unless otherwise agreed by both parties. The arbitrator shall have the authority to grant any relief that would be available in a court of law, including equitable relief, but the arbitrator’s authority is limited to the parties to the arbitration and does not extend to any other person or entity. The arbitrator will issue a written statement of the decision, which will be final and binding.

14.4. Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Arbitration Agreement. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

14.5. Exceptions to Arbitration

Notwithstanding the parties’ agreement to resolve disputes through arbitration, both parties retain the right to:

  • Bring an individual action in small claims court, if the actions fall within the jurisdiction of such court.
  • Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration.

14.6. Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTAIN OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means you waive your right to assert or participate in any class action or consolidated party arbitration for any claims covered by this Agreement. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific class action waiver is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

14.7. Opt-Out Right (If Applicable and for Certain Jurisdictions)

If permitted by law for your jurisdiction, you may opt out of this Arbitration Agreement. To do so, you must send us a written notification by email to [email protected] within thirty (30) days of your first acceptance of these Terms. Your opt-out notice must include your name, address, and an unequivocal statement that you want to opt out of this arbitration agreement provision. Opting out of this Arbitration Agreement will not affect any other provisions of these Terms.

15. MISCELLANEOUS PROVISIONS

15.1. Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

15.2. Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.3. Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.4. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

15.5. Force Majeure: We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

15.6. Headings: The headings used in these Terms are for convenience only and shall not affect their interpretation.

15.7. Language: The official language of these Terms is English. Any translations provided are for your convenience only and are not legally binding. In case of any conflict between the English version and a translated version, the English version shall prevail.

15.8. Relationship of the Parties: Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relation between you and the Company. Neither party shall have authority to contract for or bind the other party in any manner whatsoever.

15.9. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, disclaimers, indemnity, and limitations of liability.

16. PRIVACY POLICY

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy at [Insert Link to your Privacy Policy here] to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Website, you consent to our collection and use of personal data as outlined therein.

17. CONTACT INFORMATION

If you have any questions about these Terms and Conditions of Use, please contact us at:

Email: [email protected]

Back to top button