Terms of Use

Marketing partners

Leaf Home, LeafFilter, Leaf Home Water Solutions, Leaf Home Enhancements, Leaf Home Safety Solutions.

Background

americangutterpros.com ('Website', 'Us', 'We' and 'Our') and the services, offers or products that we offer (the 'Services') are offered to you, on a conditional basis that you accept the Services without modification, of the following terms, conditions, and notices contained in this agreement (the 'Terms of Use'). Your use of this Website or submission of service requests via telephone or otherwise, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Use apply to any Services or properties such as websites or applications owned and operated by Us and on which a link to these Terms of Use appears. If you have any questions regarding these Terms of Use, you may contact us using the Contact Details provided. We may amend these Terms of Use at any time by posting a revised version of these Terms of Use.

IMPORTANT: PLEASE REVIEW THESE TERMS OF USE CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION BELOW.

What We Do

Our Websites provide you with Services from our partners, affiliates and clients ("Service Providers"). We are not responsible for the offers, products and services that are provided by our Service Providers nor are we responsible, directly or indirectly, for your eligibility for any offers, products and services. Please pay careful attention to the terms of any such offers, products and services on our Website as well as the Terms of Use provided by the Service Providers themselves.

The Services that we provide you on our Website may only be available for certain periods of time, certain geographical locations and other qualifications from time to time. We and our Service Providers reserve the sole and absolute right to change the terms of any Services and at any time.

Release From damages Or Claims

Should you have a dispute with respect to any Services provided by a Service Provider or the fees charged by any Service Provider, you must address such dispute with the Service Provider directly.

YOU HEREBY AGREE TO RELEASE US (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS WHATSOEVER OR HOWSOEVER (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 PROVIDER.

Your Use Of Our Services and Prohibited Uses

You acknowledge and agree that your use of the Websites is for your personal use and not for commercial purposes. You agree not to copy/collect Our content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use the Website to recreate or compete with Us, to solicit or harass Service Providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Us for any such damages, and will indemnify Us in the event of any claims against Us based on or arising from your violation of the foregoing. We reserve the right to block your access to the Website or Services or Service Providers, products or properties at any time. If it is determined or suspected by Us in Our sole and absolute discretion that you are misusing or attempting to misuse or circumvent Us, Our Services or systems, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, We reserves the right, in our sole and absolute discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

You And Service Providers

We cannot and do not guarantee the work performed by Service Provider. We will never ask you for or accept any financial payments for Services that are provided by Service Providers. The contract for any offer, service or product and any payments associated with the same, will strictly be entered into by you and Service Providers. We have no responsibility whatsoever or howsoever to any contract between you and a Service Provider and any aspects arising from a contract for an offer, service or product.

Information You provide To Us

Please see our Privacy Policy Above

When you access this Website, We, may activate one or more cookies, tracking pixels, SDKs (and other similar technologies) to your computer or device on our Site. We use these tracking technologies to identify prior users and track usage of the site to enhance the service we provide you. You can modify your browser's settings at any time to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please refer to the following URL for information on cookies http://allaboutcookies.org.

We may also automatically record certain information from your system including your IP address, a unique device or User ID, version of software installed, system type, the content and pages that you access on the site and the dates and times that you visit site. We use this information for analytical purposes and to help us improve our site and our business in general. We may provide this information to affiliates and/or third parties to assist us in improving these functions. We may use other digital tracking on the Site to ensure that we provide you with a better digital consumer journey and experience as well as to ensure We have digital proof of our compliance of certain laws.

personally Identifiable Information

Please refer to our Privacy Policy above to understand how we collect your personal information and how we may use it. For example, your personal information, that is voluntarily provided by you under the Terms of Use, maybe used for administrative purposes; for authentication purposes; to properly operate, maintain and provide you with the features and functionality of the site; to present you with promotions, advertisements and opportunities which may be of interest to you via a variety of marketing mediums, such as, but not limited to, direct mail, email, phone, text, or Text SMS; to enable our Service Providers and to assist us in operating, maintaining and providing our Services to you via a variety of marketing channels and mediums, to enable Us to carry out our obligations; to notify you about changes to the Policies, site or service; to investigate and help prevent potentially unlawful activities that threaten the integrity of the Site or Us, our technology; to investigate allegations of fraud or violations of our Policies (including Privacy Policy); to enforce or apply our rights under the Privacy Policy; to protect the rights, property, or safety of any of our clients or others; to improve the quality and design of the site and to create new features, functionality, and services by storing, tracking, and analyzing your preferences and trends; and/for marketing and business purposes generally.

Information submitted to the Site in some instances may be shared or sold unless consent is authorized by you.

We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our legal notices or other agreements, or to protect our rights, property or safety or the rights, or to protect the property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.), and to ensure the security of our network and services. Information obtained is utilized solely to improve and enhance the quality of our Sites, advertisements and related mediums.

Fraud Notice

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO US AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND EACH SERVICE PROVIDER FOR ANY LOSSES OR EXPENSES ASSOCIATED WITH YOUR ACTIONS WHICH COULD BE THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

Call Recording

You acknowledge and agree that We or our Service Providers may monitor and/or record any telephone calls between you and Service Providers.

Articles And Other Content

We may provide certain content relating to home improvement, repair, maintenance ("Articles"), on Our Websites, apps (if applicable), email and via mobile applications owned and operated by Us. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

Link to Third-party Sites

The links in the Websites or apps (if applicable) may let you leave the Websites. The linked sites are not under Our control and We are not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. We are expressly not responsible for any form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply (directly of indirectly) an endorsement by Us of the site.

Indemnification

YOU AGREE TO INDEMNIFY US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CLIENTS, SERVICE PROVIDERS, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF OUR SERVICES IN CONNECTION WITH THE WEBSITES, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Agreement to Arbitrate All Disputes And Governing Law

The exclusive means of resolving any dispute between you and Us or any claim or controversy arising out of or relating to use of this Website and/or Our Services (including any alleged breach of these Terms of Use) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Us or any class action, class arbitration, or other representative action or proceeding.

Important Notice Of Your Rights

a. By using the Website and/or Our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

b. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Us may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

c. These Terms of Use, and any dispute between you and Us, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

General Provisions

You acknowledge and agree that the Our Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Our sole obligation to you or any third party for any claim arising out of your use of Our Services, is that you are free to discontinue your use of Our Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Terms of Use will inure to the benefit of Our successors, assigns and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of New York. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms of Use will be brought solely in a court in New York, New York. These Terms of Use constitute the entire agreement between you and Us and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms of Use may be amended from time to time by Us.

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