- TERMS AND CONDITIONS:
WELCOME TO WWW.SRP24.COM. PLEASE CAREFULLY READ AND REVIEW EACH OF THESE TERMS AND CONDITIONS OF USE (THE “TERMS” and/or “TOU”) BEFORE USING THIS WEBSITE THAT IS BEING OFFERED TO YOU (“YOU,” “YOUR,” OR “YOURSELF”). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THIS WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS, MEDIA, AND OTHER TOOLS (COLLECTIVELY REFERRED TO HEREIN AS THE “WEBSITE”) WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED AS WELL AS TO YOUR VISITS TO OR INTERACTION WITH STRATEGIC RESPONSE PARTNERS, INC. AND/OR ANY OF ITS AFFILIATED, PARENT, AND/OR RELATED COMPANIES (COLLECTIVELY REFERRED TO HEREIN AS “SRP”). IF YOU CHOOSE TO CONTINUE TO USE AND/OR ACCESS THE WEBSITE, YOU RECOGNIZE AND ACKNOWLEDGE THAT SRP HAS PROVIDED FAIR, ADEQUATE, AND VALUABLE CONSIDERATION BY OFFERING THE WEBSITE FREE OF CHARGE, AND IN EXCHANGE FOR THAT FAIR, ADEQUATE, AND VALUABLE CONSIDERATION, YOU HEREBY EXPRESSLY AGREE TO THE TERMS HEREOF AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY.
- Who We Are:
- These Terms and Conditions May Change:
You are only eligible to use and/or otherwise access the Website if You are of legal age in Your state, country, etc. SRP does not intend to market any products or services to children and does not knowingly or intentionally collect personal information from children under the age of 13 through the Website. If You are under the legal age in any state or country (i.e. a minor), Your parent or legal guardian who is of legal age must agree to these Terms on Your behalf and You may only access and use the Website with permission from Your parent or legal guardian who is of legal age. If You are a minor and do not have permission from Your parent or legal guardian who is of legal age to access and use the Website, please do not use and/or otherwise access the Website and exit immediately.
- Use of Website:
You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of SRP. SRP may change or restrict Your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of SRP, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services through hacking, password mining, or any other means. Certain third-party owners may impose additional terms and conditions set forth elsewhere herein. Your use of SRP Content from those third-party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any SRP Content is prohibited without SRP’s express prior written consent. SRP reserves the right to disable any unauthorized links or frames.
- Limited License; Permitted Uses:
You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license, without any right to grant sublicenses (a) to access and use the Website strictly in accordance with this Agreement; (b) unless otherwise stated, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of SRP Content from the Website solely for internal, personal, non-commercial purposes, provided that You maintain all SRP’s copyright and other policies contained therein. No print-out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.
- Information Contained on Website:
The information contained on the Website is not intended as professional, business, investment, financial planning, wealth planning, estate planning, insurance planning, tax, and/or legal advice. While SRP strives to ensure the accuracy of all information presented, SRP makes no warranties or representations related to the information contained upon or within the Website and disclaims all liability for errors or omissions that may exist in the information presented. SRP does not recommend or endorse any specific company and does not provide advice on how to select or which products or services to buy. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC REPORT, OPINION, LAW, INFORMATION, FINANCIAL REPORT, INSURANCE REPORT, OR OTHER MATERIAL WHICH MAY BE CONTAINED WITHIN THE WEBSITE.
- Your Account:
When registering for an account or submitting information, You must provide and maintain complete, accurate, and current registration information. Failure to do so is grounds for immediate termination of Your account. You are not allowed to register for more than one account, register an account on behalf of someone who is not You, and/or otherwise transfer Your account. Should You believe that there has been any unauthorized use or access into Your account, You shall be fully responsible for immediately informing SRP of such unauthorized actions. You are solely responsible for anything that happens through or within Your account, whether or not such actions occurred with or without Your permission and/or consent. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SRP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM AND/OR IS OTHERWISE RELATED TO THE UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT.
- Ownership of Content and Intellectual Property:
The Website and all of its information and content, including without limitation all photographs, images, videos, text, data, wallpapers, icons, logos, characters, artwork, graphics, page layouts, forms, music, sounds, voice recordings, messages, software, code, designs, scripts, applications, sketches, news stories, articles, blogs, vlogs, animations, stickers, general artwork, domain name, text on the website, trade secret, other content, and other proprietary rights therein (the “Content”) is exclusively owned by and is the sole property of Strategic Response Partners, Inc. and/or that of our authorized suppliers, vendors, licensors, or other third parties, and is further protected by intellectual property rights and other applicable laws, including without limitation by copyright, trademark, patent, and other laws within the United States and/or abroad. Strategic Response Partners, Inc. reserves all rights with respect to its Content not expressly described within these Terms.
All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. All trademarks, service marks, and trade names of SRP used herein, including without limitation the SRP name, logos, designs, trademarks, trade names, service marks, and/or trade dress (collectively the “Marks”) are trademarks or registered trademarks of Strategic Response Partners, Inc. and/or its affiliates, partners, vendors, or licensors. You agree that the Website may only be used for the intended purpose for which such Website is being made available. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to SRP’s Content. The software, technology components and contents of the Website are copyrighted and/or subject to various intellectual property laws. All rights not expressly granted hereunder are reserved. You agree that as between the parties, SRP is the exclusive owner of the Website, software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Website, HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all SRP Marks, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world. Any goodwill attached to, or generated by, such SRP Content is owned exclusively by SRP, or its licensors, and shall inure solely to the benefit of SRP, or its licensors. Nothing contained herein or on the Website should be understood as granting You any right or license to any of SRP’s Content, except as expressly granted herein. All rights not expressly granted herein are reserved by SRP, or its licensors. SRP, or its licensors, retains full and complete title to SRP’s Content. Except as otherwise expressly provided within the Website and/or within these Terms, You may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, redistribute, sell, transfer, claim any ownership right to, or otherwise use, in any manner whatsoever, any Content and/or the Marks, whether in whole or in part, for any public or commercial purpose, nor may You decompile, reverse-engineer, disassemble, or otherwise convert any of Content to a human-perceivable form without the specific prior written consent of Strategic Response Partners, Inc. Furthermore, You may not use any metatags and/or any other “hidden text” utilizing any of our names, Content, or Marks without the specific prior written consent of SRP.
These Terms do not limit any rights that SRP may have under trade secret, copyright, patent, trademark, or other laws. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information that may have been presented to You through the Website or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Information You Provide to Us:
- User Content and User Content License:
Whether now or in the future, the Website may allow You to upload, post, submit, store, send, and/or receive various forms of content and data, including without limitation, photos, videos, comments, reviews, remarks, graphics, links, questions, suggestions, information, artwork, and/or other similar content (“User Content”). You may also be able to submit User Content through various other ways, processes, and/or mechanisms through Your interaction with SRP and/or the Website such as through social media, e-mail, telephone, messages, SMS, MMS, iMessage, or otherwise (Message and Data Rates May Apply). SRP is not responsible for User Content that other third parties post upon the Website. All User Content does not represent the views of SRP or any of its affiliates, vendors, partners, successors, assigns, and licensees. In furtherance of the foregoing, SRP and its affiliates, vendors, partners, successors, assigns, and licensees do not endorse and/or otherwise guarantee the accuracy of any information set forth within any User Content. When posting User Content, You retain ownership of any intellectual property rights that You may hold in said User Content.
Notwithstanding the foregoing, You hereby expressly understand, acknowledge, and agree that when You upload, post, submit, store, and/or otherwise send any User Content to or through the Website and/or otherwise to or through SRP, that You, to the maximum extent allowable under applicable law, expressly grant SRP and all of its affiliates, vendors, partners, successors, assigns, and licensees, in perpetuity and throughout the universe, the unfettered and unqualified right to reproduce and use Your User Content as follows: You grant SRP and all of its affiliates, vendors, partners, successors, assigns, and licensees a non-exclusive, perpetual, transferrable, sub-licensable, and royalty-free worldwide license to use any of the User Content that You post on or in connection with the Website and/or otherwise to SRP, including the name and likeness of any person that appears in, on, or in connection with any such User Content, or any of the concepts or ideas contained in the User Content, for any purpose whatsoever, including without limitation, for commercial use which includes the right to use, host, store, display, translate, modify, publicly perform, publicly display, distribute, reproduce, create derivative works, sublicense, distribute, and assign these rights as well as the User Content. SRP may, in its sole and absolute discretion, remove, refuse to accept or transmit, limit viewing of, and/or otherwise delete any User Content on the Website or otherwise at any time and for any reason with or without notice. You understand that removed, limited viewing, and/or deleted User Content may still be existent within SRP’s systems, servers, and/or databases, and to the extent any User Content has been publicly posted or shared with others who have not deleted and/or otherwise removed such User Content.
When You upload, post, submit, store, send, and/or receive any User Content, You expressly represent and warrant that: (i) You are the sole and absolute owner of all rights, including without limitation, all intellectual property rights in and to the User Content, or in the alternative, You have secured the right to grant us each of the rights described above; and (ii) all User Content does not infringe the intellectual property rights, privacy rights, publicity rights, and/or any other legal rights of any other third-party.
- Digital Millennium Copyright Act Notice:
In operating the Website, SRP may act as a “service provider” as defined by the Digital Millennium Copyright Act (“DMCA”) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own and/or otherwise control may be transmitted, stored, accessed, and/or otherwise made available using the Website. If You believe, in good faith, that a work on the Website constitutes copyright infringement, please provide written communication containing the following information to our Designated Agent named below:
- Your full name, address, best contact telephone number, and e-mail address;
- The name and description of the alleged copyrighted work that You claim has been infringed;
- A description of where the alleged infringed copyrighted work is located on the Website, including when possible, the URL of the original copyrighted content as well as the URL of the alleged infringing content;
- A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its respective agent(s), or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; and
- A statement by You, made under the penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.
Our Designated Agent to whom You should address infringement notices under the DMCA is Strategic Response Partners, Inc., Attn: Mr. Steve Slepcevic, 21515 Hawthorne Blvd, Ste 200, Los Angeles, California 90504, e-mail address: email@example.com.
Prior to filing any claims of copyright infringement with us, please consult Your legal advisor as You may be subject to substantial penalties for any false claims. You acknowledge and agree that only copyright infringement notices should be directed to our Designated Agent, as set forth herein. In furtherance of the foregoing, You understand and acknowledge that should You fail to comply with all of the aforementioned requirements of this Section, Your notice may not be valid. After notice is properly received by our Designated Agent, we will respond expeditiously to remove and/or otherwise disable access to the work claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content.
- Products, Content, Specifications, and Accuracy of Information:
SRP strives for the Website to be as accurate as possible. However, SRP does not represent or warrant that service descriptions or other content on the Website are completely accurate, reliable, current or error-free. All content, products, features, specifications, and prices of services described, set forth, and/or otherwise depicted on the Website are subject to change at any time without notice. Additionally, we may make changes in information about price and availability without notice. Information relating to weights, measurements, specifications, dimensions, and/or other similar descriptions or identifiers, as applicable, are solely approximations and provided for convenience purposes only. The inclusion of any merchandise, products, and/or services on this Website does not imply, represent, or warrant that any such merchandise, products, and/or services will be available at the time of Your attempted purchase. It is Your sole and absolute responsibility to obey all applicable federal, state, local, and international laws in connection with Your possession, use, and/or sale of any products from the Website. By placing an order, You hereby represent and warrant to SRP and all of its affiliates, vendors, partners, successors, assigns, and licensees that the services being purchased will solely be used in a lawful manner and subject to the restrictions delineated throughout these Terms as well as any other agreement that the parties may expressly choose to enter.
Moreover, while it is sometimes our practice to confirm orders by either e-mail, text message, iMessage, electronic message or mail, or SMS message, the receipt of an e-mail, text message, iMessage, electronic message or mail, or SMS message order confirmation does not constitute our acceptance of any order or our confirmation of an offer to sell a service. We reserve the right, without prior notice, to refuse service to any customer. If an service’s correct price is higher than any stated price within the Website, we will, at our discretion, either contact You for instructions before processing Your order or cancel Your order and notify You of such cancellation.
- Third-Party Links:
This Website may contain links to outside services, resources, and other websites that are not owned or otherwise controlled by SRP. All such third-party links are provided solely as a convenience to You. Should You attempt to use and/or otherwise access any such third-party links, You will leave the Website. SRP is not responsible for nor does SRP have any sort of control over any content, materials, descriptions, or other information located or accessible on any such third-party websites. As such, SRP does not endorse, guarantee, or make any representations or warranties of any type, kind, or nature concerning any such third-party websites. By accessing any such third-party websites, You expressly understand and acknowledge that You are doing so solely at Your own risk and that You will not attempt to hold SRP liable for any damages suffered by You as a result of Your use and/or attempted use or access of such third-party websites and/or any services and/or products provided or sold by such third-parties.
- Defamatory, Threatening, and/or Other Unauthorized Content:
You expressly acknowledge and agree that You and/or Your authorized agents will not, under any circumstances whatsoever, post, upload, submit, or send and/or otherwise attempt to post, upload, submit, or send any unlawful, threatening, defamatory, libelous, profane, or obscene material(s) or any other material(s) that could constitute or encourage conduct that would be considered a criminal offense or give rise to any criminal or civil liability. Any such violation of this Section may subject You and/or Your authorized agents to applicable civil and criminal penalties. Any such unauthorized use and/or actions is a violation of this Agreement and may result in a complete expulsion of Your ability to access and/or otherwise use the Website.
- LIMITED WARRANTY:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SRP AND ALL OF ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREBY DISCLAIMS ALL WARRANTIES OF ANY TYPE, KIND, OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SRP SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT ANY OF THE SERVICES, PRODUCTS, AND/OR ITEMS PURCHASED BY YOU WILL BE ERROR-FREE, (B) THAT ANY DEFECTS WILL BE CORRECTED, (C) THERE ARE NO HARMFUL COMPONENTS, OR (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SRP, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL HAVE NO LIABILITY FOR ANY UNAUTHORIZED ALTERATION, THEFT, OR DESTRUCTION OF ANY MERCHANDISE, PRODUCTS, AND/OR ITEMS PURCHASED, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS, OR OTHER DEVICES.
- LIMITATION OF LIABILITY:
ALL OF SRP’S SERVICES, PRODUCTS, AND/OR ITEMS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY TYPE, KIND, OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SRP AND/OR ITS AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU AND/OR ANY OTHER THIRD PARTY FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF ANY SUCH SERVICES, PRODUCTS, AND/OR ITEMS BEING PURCHASED FROM SRP. SAID LIMITATION OF LIABILITY SHALL EXTEND AND APPLY EVEN IF YOU HAVE BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ALL LIABILITY OF SRP HEREUNDER FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING CLAIMS BASED UPON NEGLIGENCE, SHALL NOT EXCEED THE TOTAL PURCHASE PRICE FOR THE SERVICE, PRODUCT, AND/OR ITEM CLAIMED TO HAVE ATTRIBUTED TO SUCH HARM.
When purchasing any services, items, and/or products from SRP, You hereby expressly acknowledge and agree that it is Your intention to freely assume, to the fullest extent permissible under applicable law, all of the above-mentioned risks, as well as all others not listed that are part and/or otherwise may be connected, in any manner whatsoever, to those activities, and You further acknowledge that You freely agree to fully relieve and release SRP and/or all of its affiliated, subsidiary, parent, and/or related entities, employees, agents, shareholders, officers, directors, contractors, representatives, and/or other related party(ies) (the “SRP Parties”) of any duty or liability whatsoever. By purchasing any services, item, and/or product from SRP You expressly and freely acknowledge that You are assuming the entire risk of any of the Damages which might occur during or as a result of Your use of any of SRP’s services, products, and/or items. You also expressly acknowledge and agree that You fully and forever release, discharge, and absolve the SRP Parties from any and all liability, causes of action, claims and demands that may arise in any way from any Damages incurred by You or to any other person or to any property during any of the aforementioned activities or in any way related to any of the aforementioned activities or services. The foregoing release shall include claims for the negligence of the SRP Parties and claims for strict liability for abnormally dangerous or hazardous activities. The foregoing release does not extend to claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that Federal or California state law does not permit to be excluded by agreement. By purchasing any services, item, and/or product from SRP, You also expressly agree not to sue and/or otherwise make or attempt to set forth any claim, demand, and/or cause of action against any of the SRP Parties as a result of and/or otherwise related to any Damages that occurred and/or were otherwise suffered by You or any other third-party(ies) during the aforementioned activities and/or use of the SRP services, items and/or products, and/or otherwise related in any way to any of the foregoing.
- Your Use of SRP’s Services, Products, and/or Items:
You acknowledge and agree that Your use of the SRP Website is for Your personal use and not any of your commercial and/or advertising purposes. You may not use the SRP Website, products, things, and/or services to recreate or compete with SRP’s products, things, and/or services, to solicit or harass SRP’s contractors, customers, clients, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the SRP Website and/or any SRP mobile application, including but not limited to profiles, articles, checklists, blog posts, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by You), is the sole and exclusive property of SRP, and that You have no right to reproduce, post, publish, or otherwise use such information other than for Your personal use relating to Your purchase of services, products, and/or things. You acknowledge that a violation of the foregoing could result in significant damages, and You expressly agree that You are liable to SRP for any such damages, and will indemnify SRP in the event of any third-party claims against SRP based on or arising from Your violation of the foregoing. We reserve the right to revoke Your access to the SRP Website, services, products, and/or things at any time. If it is determined by SRP in its sole discretion that You are misusing or attempting to misuse or circumvent the SRP services, products, things or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming, or spamming, SRP preserves the right, in its sole 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. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS, OR FALSE FINANCIAL OR CREDIT CARD INFORMATION IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SRP, 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, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS, FINANCIAL INFORMATION, 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 SRP FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO SRP AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT, OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS’ FEES, COSTS, AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, AS WELL AS ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL, AND/OR FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
You hereby agree to indemnify, defend, and hold harmless SRP and all of its respective officers, directors, shareholders, managers, members, employees, agents, successors, assigns, affiliates, insurers, insureds, attorneys, representatives, and all other related individuals or entities from and against all suits, demands, claims, actions, or causes of action, assessments, losses, damages, liabilities, costs, or expenses, including but not limited to interest, penalties, damages, legal costs or costs of suit, and reasonable attorneys’ fees, to the extent that such arise out of or in any manner relate to Your User Content, Your use of the User Content, Your use of the Website, Your conduct in connection with the Website or with any other Website users, Your purchase and use of any services, items, and/or products from SRP, or any violation of this Agreement, any law, or the rights of any third-party(ies). The Parties intend that as part of the bargained for consideration, as set forth within this Agreement, proportional indemnity principles shall not apply under any circumstances.
- Consent to Communicate via Electronic Communication:
By using this Website, You hereby agree that SRP shall be allowed to communicate with You and/or Your authorized agents via electronic means, including without limitation, electronic mail, SMS text messages, MMS messages, iMessage, mobile applications, social media platforms, and/or any other similar messaging or communication methods, services, and/or applications. You agree that any electronic notice, agreement, disclosure, or other communication sent to You by SRP will satisfy any legal communication requirements, including that such communications be in writing. Should You desire to revoke and/or otherwise discontinue Your consent to communication via any such electronic means, You shall provide express written notice to: SRP, Inc., Attn: Steve Slepcevic, 21515 Hawthorne Blvd, Ste 200, Los Angeles, California 90504, e-mail address: firstname.lastname@example.org.
- Advertising and Promotions:
SRP and/or SRP’s affiliates or its business partners may present advertisements and promotional materials on or through the Website, as well as the products, items, and/or services. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the services, products, and/or items, including payment and delivery of related services or goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. You agree that neither SRP and/or SRP’s affiliates or its business partners are responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with Your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites’ administrators.
- Posting Ratings & Reviews on the Website:
Should SRP choose, it may allow ratings and reviews to be displayed upon the Website. SRP reserves the right, but not the obligation, to refuse to post or to remove any review if SRP determines (in its sole discretion) that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech.)
- References to illegal activity.
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Language that violates the standards of good taste or the standards of this Website.
- Comments concerning a different entity or individual.
- Information not related to SRP’s products, things, or services.
- Statements that are or appear to be false.
- Comments that disparage SRP.
Further, the reviewer must provide permission to SRP to contact the business about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. Ratings & Reviews are not endorsed by SRP in any manner whatsoever. All Ratings & Reviews of a contractor displayed to You reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of SRP. SRP disclaims any and all representations or warranties with regard to the Ratings & Reviews. Reviews do not reflect the views of SRP; its parent, subsidiary or affiliated companies; or its employees, officers, directors, members, managers, or shareholders. SRP does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or the materials contained therein
- SRP App on Facebook, Instagram, etc.:
SRP continually strives to make our Website accessible and user-friendly. Should You have any difficulty viewing and/or otherwise accessing any of the content on this Website or otherwise navigating this Website, please call our Customer Service Team toll-free at 1 (888) 582-5848. You can also e-mail our team at email@example.com and we will be happy to assist You.
SRP does not make warranties or representations regarding the security of SRP’s Content or User Content, as is defined herein. Data and information sent over the internet may be intercepted by third parties. If You are concerned about the security of Your data or information, You should not send it over the Internet or through the Website.
- User ID and Password:
You may be required to have a user ID and password to access certain areas of the Website and/or services or products or items You may have purchased. You are responsible for maintaining the confidentiality of Your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by You. SRP prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify SRP of any unauthorized use of Your user ID or password or any other breach of security.
- Call Recording:
You acknowledge and agree that SRP may monitor and/or record any telephone calls between You and SRP.
- Interstate Nature of Communications On Website:
When You register with the Website, You acknowledge that in using the Website to send electronic communications, You will be causing communications to be sent through SRP’s computer networks. As a result, and also as a result of the SRP’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to the TOU, You acknowledge that use of the Website results in interstate data transmissions.
- Special Admonitions For International Use:
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
- S. Export Laws:
This Website and/or products offered on the Website may be subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities(collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Website and/or products or services offered on the Website in violation of any U.S. Export Laws. None of the Website or products or services offered on the Website may be downloaded or otherwise exported or re-exported(i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using the Website, You agree to the foregoing and represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; and You are not on any denied parties list; and You agree to comply with all U.S. Export Laws (including “anti-boycott,” “deemed export,” and “deemed re-export” regulations). If You access the Website from other countries or jurisdictions, You do so on Your own initiative and You are solely responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access the Website. The obligations under this section shall survive any termination or expiration of these Terms, Your use of the Website, or Your use of any of SRP’s products and/or services
This Agreement shall be governed by and construed according to the laws of the State of California, without giving effect to any conflict of laws rules or provisions. Any action, arbitration, and/or other legal proceeding(s) relating to the use of the Website, any mobile applications, this Agreement, or any transaction(s) with SRP must be brought in the federal or state courts located within the State of California in the County of Los Angeles. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action, arbitration, and/or other legal proceeding(s). The waiver of any breach or alleged breach to this Agreement shall not constitute a waiver of any such breach or of any provision(s) of this Agreement and the failure to promptly exercise any rights hereunder shall not be deemed a waiver to exercise such rights in the future. The Parties each hereby agree that a breach of this Agreement may cause the non-breaching Party(ies) irreparable injury, and that the remedy at law for any such breach may be inadequate. As such, in the event of any such breach or threatened breach, the non-breaching Party(ies), in addition to any other relief available to it, shall be entitled to temporary restraining orders, and temporary and permanent injunctive relief or other equitable relief without the necessity of providing actual damage or posting bond, surety, or any other instrument of financial security, unless otherwise required by law, so as to prevent a breach of the Agreement and the terms, conditions, and/or obligations set forth herein and to secure the enforcement thereof. In the event of any legal action, arbitration, or other proceeding(s) between the Parties arising out of and/or otherwise relating to the use of the Website, this Agreement, or any transaction(s) with SRP, the prevailing party or substantially prevailing party, as the case may be, in any such legal action, arbitration, or other proceeding(s) shall be entitled to have and recover from the other party all reasonable costs and expenses incurred in such action, arbitration, or proceeding, including without limitation said party’s attorneys’ fees and costs.
This Agreement supersedes any and all other prior agreements, either oral or written between You and SRP with respect to the subject matter hereof, and contains all of the covenants and agreements between the Parties with respect to said matter, and each Party to this Agreement acknowledges that no representations, inducements, promises, or arguments, orally or otherwise have been made by any Party, or anyone. This Agreement may not be modified by You except by an express agreement in writing signed by each of the Parties hereto. Notwithstanding the foregoing, this Agreement may be freely modified by SRP. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, such provisions shall be enforced to the maximum extent permitted, but if fully enforceable, such provisions shall be severable, and this Agreement shall be construed as if such provisions had never been part of this Agreement, and the remaining provisions shall continue in full force and effect.
The Parties each hereby agree that this Agreement, including each of the rights and obligations set forth herein, is non-assignable by You but may be freely assigned by SRP, whether in whole or in part, to any party, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. In furtherance of the foregoing, You hereby agree that this Agreement shall be binding upon and be enforceable against Your respective heirs, executors, administrators, legal representatives, officers, directors, shareholders, managers, members, insurers, agents, affiliates, employees, representatives, associated businesses, and Your successors and assigns, although not individually named.
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this Agreement.
Prior to Your access and continued use of this Website or Your purchase of any SRP’s services, products, and/or items, You hereby agree that You have been urged to obtain and have had the reasonable opportunity to have advice of legal counsel regarding this Agreement, and that You fully understand and accept its terms. Furthermore, You agree that this Agreement will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against any Party based on draftsmanship of this Agreement or otherwise.
You agree that SRP may, in its discretion, and without prior notice, immediately terminate Your Website account, any associated email address, and Your access to the Website.
These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If You have Website questions, comments, or concerns, and You are over the age of thirteen (13), please e-mail firstname.lastname@example.org. Please include detail of Your questions, comments or concerns and Your complete name and contact information. You may also call customer service at (888) 582-5848.
These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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