The services offered by firefighter’s list are conditioned on your acceptance of the following terms, conditions and notices without modification (“Agreement”). The document herein shall refer to you and any of your affiliates, agents, employees, representatives and/or subcontractors as “you” or “Consumer”. We reserve the right to amend the Agreement at any time by posting a revised version of the Agreement on the Company’s website.
1- You represent that, if applicable, you are, as an individual, at least 18 years old and competent to enter into an agreement to use the services offered by the Company.
2 – The Company does not make any representations or provide any guarantees or warranties for any Contractor including but not limited to any Contractor’s skills or quality of work.
3 – While the Company’s goal is to assist you in locating a Contractor, the Company and its affiliates are not responsible for any of the services requested by you or the work performed on your behalf by any Contractor. The Company does not recommend or sanction any particular Contractor, as the Company is not a party to your independent agreement with a Contractor. The Contractors are not employees or agents of the Company and the Company is not an agent of the contractors. All information about Contractors is for personal use only.
4 – Any agreement you enter into with a Contractor is governed solely by the terms of your agreement and by applicable federal, state or local law. In the event that you have a dispute with a Contractor, that dispute must be addressed directly with the Contractor and you agree to release the Company and its officers, directors, affiliates, employees and agents as well as any other person, firm or entity including the Company’s business partners, which may include our network of Contractors, from any damages or claims of every kind arising out of or related to your agreement and/or dealings with a Contractor.
5 -Your use of the websites of affiliates of the Company is governed by the terms and conditions and privacy policies of such websites.
6 – You agree that the website’s content is the sole property of the Company and you have no right to reproduce, disseminate or otherwise use the information for any purpose other than your personal use. We reserve the right to revoke your access to the Company’s or its affiliates’ website(s) and its services at anytime. You agree that your current and future use of the Company’s website is solely for your personal use and not for business or marketing. In the event that you violate any part of this provision, you agree you shall be liable to the Company for any damages and shall indemnify the Company for any third party claims against the Company arising out of your actions.
7 – You agree and acknowledge that you will be liable and/or indemnify the Company, its affiliates and any contractor from any damages, attorney fees, costs and expenses including any regulatory or judicial fines that may be incurred in the event that you knowingly falsify information submitted to the website. In the event you misuse or attempt to misuse the Company’s website or to circumvent the Company’s services or system or attempt to utilize the Company’s website or services for non-personal, improper or commercial purposes such as hacking, fraud, marketing or spamming, the Company may terminate your access to the website immediately, without notice, as well as file a lawsuit in Norfolk, VA to seek an equitable remedy and/or monetary damages due to lost revenue, repairs, attorney’s fees and/or legal costs and expenses and to seek injunctions or other equitable remedies.
8 – Links on the Company’s website are solely intended to be a convenience for you. These links may direct you away from the Company’s website and are unrelated and are not controlled by the Company and the Company is not responsible for those websites’ contents, products or functioning of the website.
9 – You understand and acknowledge that the Company and its affiliates do not pre-screen each Contractor. The Company makes no, and expressly disclaims any guarantees, representations or warranties, express or implied, whatsoever with regard to these Contractors or the screening process. The Contractors are provided to you on an “AS IS” basis. Please confirm that the Contractor you choose to deal with is licensed, if necessary, and insured and you need to perform any investigation into references and background as you determine is needed.
10 – Please be aware that licensing requirements may vary depending on state or local law or the size or type of project. The Company does not guarantee that the Contractors are in compliance with licensing requirements or maintain liability insurance or bonding. We therefore urge you to confirm independently Contractors’ qualifications and request a copy of the Contractors’ license when applicable.
11 – Any reviews and/or ratings do not reflect or represent the opinions or representations of the Company, or affiliates, or its employees, officers, directors, or shareholders but only other Consumers. The Company disclaims any and all representations or warranties with regard to reviews and/or ratings and is not responsible and shall not be held liable for any review or claims, damages or loss incurred from utilization of the website or its contents.
12 -The Company’s services are provided “AS IS” without any warranty or representation. Your exclusive remedy, and the Company’s only duty to you for any claim stemming from use of the website or the Company’s services is that you may cancel your use of the Company’s service and/or website at any time. The Company expressly disclaims any implied warranties, including, but not limited to, warranties of merchantability and fitness for particular purpose. The Company shall not be liable for incidental, consequential, special, punitive, or exemplary damages of any kind including lost profit.
13 – This Agreement is for the benefit of the Company’s affiliates, successors, assigns and licensees. If any provision is determined to be void, unenforceable, or unlawful, for any reason, by any court of competent jurisdiction, that provision shall be modified to make it enforceable, while maintaining its spirit. If modification is impossible, the particular provision shall be stricken and but shall not affect the validity and enforceability of the remaining terms. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any claim or cause of action arising out of or related to use of the Company’s services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement is governed by the laws of the State of Virginia as such laws are applied to agreements entered into and to be performed entirely in the State of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to these
14 – You shall agree to indemnify the Company and its officers, employees, subsidiaries, affiliates, agents and partners (“Company Partners”). You agree that you shall hold the Company Partners harmless for any and all demands, claims, attorney fees that are made by you or a third party stemming from the Company’s service or related to its website, the violation of these terms and conditions or the rights of a third party or with regard to any dispute between you and a Contractor, or arising from your violation of any rights of a third party. This Agreement constitute the entire agreement between you and the Company and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.