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BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR WEBSITES.
We may supply different or additional terms and conditions in relation to some of the services we provide to you. These Terms do not alter in any way the terms or conditions of any other written agreement you may have with the Company. If there is a conflict between these Terms and any other such written agreement, the other written agreement will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Websites, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Websites after we provide such notice will confirm your acceptance of the changes.
If you do not agree to the amended Terms, you must stop using our Websites. If you have any questions about these Terms or our Websites, please contact us at service@bettercallwilson.com
The Websites are not targeted towards, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to use our Websites. If you are under 18 years of age (or the age of legal majority where you live), you may use our Websites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Websites.
If you use our Websites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You represent and warrant that you (a) are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) are not listed on any U.S. government list of prohibited or restricted parties.
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Websites. You will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Sell, resell, or commercially use our Websites; Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Websites, except as expressly permitted by us or our licensors;
Modify our Websites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Websites;
Use our Websites other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Websites or that could damage, disable, overburden, or impair the functioning of our Websites in any manner;
Reverse engineer any aspect of our Websites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Websites;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Websites;
Develop or use any applications that interact with our Websites without our prior written consent;
Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or Use our Websites for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
The Websites, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by the Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Websites are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Websites for your own personal, noncommercial use. Any use of the Websites other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Wilson, Plumbing, Heating, Cooling, and Electric™ and our logos, our product or service names, our slogans, and the look and feel of the Websites are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Websites are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Company or our Websites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Company’s sole discretion. You understand that the Company may treat Feedback as nonconfidential.
We may provide links to and information about third-party products, websites, services, activities, or events, or we may allow third parties to make their content and information available on or through the Websites (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company and our subsidiaries, parents, affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Websites; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Websites. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at the Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other Company Parties.
Your use of our Websites is at your sole risk. Except as otherwise provided in a writing by us, our Websites and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Websites are accurate, complete, reliable, current, or error-free. While the Company attempts to make your use of our Websites and any content therein safe, we cannot and do not represent or warrant that our Websites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Websites.
To the fullest extent permitted by applicable law, the Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Company or the other Company Parties have been advised of the possibility of such damages. The total liability of the Company and the other Company Parties for any claim arising out of or relating to these Terms or our Websites, regardless of the form of the action, is limited to $5,000.The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
In order for us to provide our Websites, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
We reserve the right to modify our Websites or to suspend or stop providing all or portions of our Websites at any time. You also have the right to stop using our Websites at any time. We are not responsible for any loss or harm related to your inability to access or use our Websites.
We reserve the right to modify our Websites or to suspend or stop providing all or portions of our Websites at any time. You also have the right to stop using our Websites at any time. We are not responsible for any loss or harm related to your inability to access or use our Websites.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between you and us may be conducted electronically.