None of GutterSuckers®, Inc. ("GutterSuckers®") or its respective officers, directors, employees, agents, affiliates, independent contractors or licensors (collectively the "GutterSuckers® Group") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site content and GutterSuckers® disclaims liability for errors or omissions in the Site content. This Site and all of the Site content is provided "AS IS" and "AS AVAILABLE," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Site content. The GutterSuckers® Group does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. GutterSuckers® may discontinue or make changes in the Site content and the Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the GutterSuckers® Group does not undertake any obligation or responsibility to update or amend any such information. GutterSuckers® reserves the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site may possibly contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.
GENERAL TERMS OF USE
Please read these terms of use before using this website. The terms of use describe the conditions of use and include disclaimers and limitations of liability that affect your legal rights. Any use of this website creates a binding agreement to comply with these terms. If you do not agree to these terms, you should exit this website immediately. The terms may change from time to time so you should periodically review these terms when using this website.
USER AGREEMENT
The following are terms of a legal agreement (the "Agreement") between you and GutterSuckers® (""we", "our", or "us") that sets forth the terms for your use of this website (the "Site"). The Site is owned and operated by GutterSuckers®. This Site is being provided to you expressly subject to this Agreement. The Agreement includes and incorporates the terms of our Privacy Policy, Disclaimer, and Copyright and Trademark Notice. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain. We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes will be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
AGE
Use of this Site is strictly limited to those who are 18 years of age and older. Persons under the age of 18 are NOT eligible to participate on this Site.
LIMITATIONS OF USE
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images, graphics and other information (collectively the "Site Content"), is held by GutterSuckers® or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of GutterSuckers®. You acknowledge that the Site Content is and shall remain the property of GutterSuckers®. You may not modify, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part. The use of the Site Content on any other website, including by linking or framing, is prohibited without GutterSuckers®' prior written approval. You also may not, without GutterSuckers®' express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Site Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Site Content and Site only for lawful purposes. You are prohibited from any use of the Site Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into GutterSuckers®' systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. GutterSuckers® makes no claims concerning whether the Site Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
LINKS TO THIRD-PARTY SITES
This Site may contain links to websites controlled, owned, and operated by third parties (the "Third-Party Sites"). GutterSuckers® cannot control and has no responsibility for the accuracy or availability of information provided on Third-Party Sites, or the privacy and security features of those websites. You acknowledge that use of any Third-Party Sites is governed by the terms of use for those websites, and not by this Agreement. Links to Third-Party Sites do not constitute an endorsement or recommendation by GutterSuckers® of such websites or the content, products, advertising or other materials presented on such websites, but are only for your convenience and you access them at your own risk. GutterSuckers® will have no liability of any nature whatsoever for any failure of products or services offered or advertised at such Third Party Sites or otherwise.
DISCLAIMER OF WARRANTIES
The GutterSuckers® Group" does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site content and GutterSuckers® disclaims liability for errors or omissions in the Site content. This Site and all of the Site content is provided "AS IS" and "AS AVAILABLE," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Site content. The GutterSuckers® Group does not warrant that this Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. GutterSuckers® may discontinue or make changes in the Site content and Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the GutterSuckers® Group does not undertake any obligation or responsibility to update or amend any such information. GutterSuckers® reserves the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site may possibly contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.
LIMITATION OF LIABILITY
Under no circumstances will the GutterSuckers® Group be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action, in contract or tort arising, or relating in any way to the use or inability to use by any party of the Site content, the Site or any third-party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the GutterSuckers® Group, or representatives thereof, are advised of the possibility of such damages, losses or expenses. GutterSuckers® is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the GutterSuckers® Group's total liability for all damages, losses, or causes of action of any kind or nature shall be limited to a maximum of $100.
INDEMNIFICATION
You agree to indemnify and hold harmless the GutterSuckers® Group from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the GutterSuckers® Group in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. The GutterSuckers® Group reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of GutterSuckers®. You further agree to indemnify and hold harmless the GutterSuckers® Group from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
GutterSuckers® has no obligation to monitor the Site; however, you acknowledge and agree that GutterSuckers® has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect us or other users of the Site.
CONTACT BY GUTTERSUCKERS®
You agree that we may contact you by phone, fax or email. The primary purpose of contact will be to inquire about the status of sales or services, but contact may also be for other purposes, such as following up on correction of technical difficulties, user preference surveys and related communications.
SUBMISSIONS TO THE SITE
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to GutterSuckers® through this Site (collectively, "Submissions") will be deemed to be and remain the property of GutterSuckers®, and GutterSuckers® is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. GutterSuckers® shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by GutterSuckers® or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting GutterSuckers®' responsibilities and obligations under its Privacy Policy.
AVAILABILITY
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Site Content no distribution or solicitation is made by GutterSuckers® to any person to use the Site or Site Content in jurisdictions where the provision of the Site and/or content is prohibited by law.
TERMINATION
This Agreement is effective until terminated by GutterSuckers®. GutterSuckers® may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in GutterSuckers®' sole and absolute discretion. The following provisions of this Agreement will survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
WAIVER
Failure by GutterSuckers® to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Washington at GutterSuckers®’ sole discretion, without regard to its conflict of laws rules.
OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with us. In the event of a conflict in terms, the terms of this Agreement shall control.
SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
GENERAL PROVISIONS
This Agreement supersedes any previous Terms of Use Agreement to which you and GutterSuckers® may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.
CONTACTING GUTTERSUCKERS®
If you have questions regarding the Agreement or the practices of GutterSuckers®, please contact us by e-mail at Services@GutterSuckers.com