TOS

Terms of Use and Service

Date of last update:  January 1st, 2017.

Introduction

You have reached the Terms of Use and Service (the “Terms”) for DrivewayCulvertPros.com , including its sub-domains and mobile optimized version.  These Terms shall also include any ancillary terms, guidelines, our Privacy Policy (the “Policy”) and other documents made available by us from time to time and incorporated herein by reference.

Terms and Conditions

Acceptance

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will rule our relationship with you in relation to the Site and any services offered thereby (the “Service(s)”).  These Terms include a jury trial and class action waiver on an individual basis in order to resolve possible disputes.  These Terms also limit the remedies that may be available to you in the event of a dispute with us.  Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.

Prohibited Activities

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or Online Schedules by others to:

a.     Infringe these Terms or allow, encourage or facilitate others to do so.

b.     Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party.

c.     Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;

d.     Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit on our part.

General Provisions

You agree and acknowledge that our services offered are provided to you on an “as is” basis with no warranties or guarantees whatsoever, and your exclusive and sole remedy for dissatisfaction of the services we offer or provide is to discontinue using our services. Except as expressly set forth herein we expressly disclaim any implied warranties or guarantees or any kind and you agree that we shall have no liability for direct, incidental, indirect, special, consequential, or incidental damages, including but not limited to lost profits, punitive damages, exemplary damages, or other damages, even if we have been advised of the possibility of such damages, arising out of arising out of this agreement or any other consequences which could flow from it. If any of the provisions of terms and conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent jurisdiction then that provision shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our services offered, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred. The titles of the sections in our Terms of Service have no legal or contractual effect and have been provided only for your convenience.

Arbitration and Governing Law

Any dispute between you and us or our websites must be resolved exclusively by binding arbitration through the American Arbitration Association or in small claims court in a competent jurisdiction. However, whether you choose arbitration or small claims court, you may not commence any type of class action, class arbitration or other representative actions or proceedings against us.

Information Provided To Us By You / TCPA Consent

When filling out our forms to request one or more services you will be prompted to provide information about yourself such as first and last name , email address, phone number, street address, zip code, comments, services, etc. Some, if not all, of the information you provide to mxcontracting.com will be sent to service professionals so they can respond to your service request. When you submit our forms or provide this information to us you are giving us your consent and verification of your intention that you want to be contacted by us or/and service professionals and contractors who provide services via phone, text, fax, email, SMS messaging, or other means, at any of the contact numbers or addresses, even if you have previously or currently are listed on any federal Do Not Call List or other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments, scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails. You are also authorizing mxcontracting.com and our partners to send you prerecorded automated calls confirming service requests. You may receive calls from up to four service professionals per partner who can assist with your request to the landline or mobile phone number you provided. You understand that us and/or our partners may use prerecorded telephone technology including prerecorded messages that are autodialed to call you and that your consent is not required to purchase products or services. Visit our privacy page for additional information about our privacy practices and policies. You acknowledge and agree that by completing one or more service requests by submitting our forms or contacting us that you are entering into a business relationship with us and/or our partners and thus you are agreeing to be contacted by us and/or our partners. You agree and acknowledge that inputting false information such as name, phone number, email address, address, and other info is a serious and fraudulent matter that could lead to damages and significant costs including invasion of privacy rights to us, our partners, consumers, and other innocent parties. These damages could include but aren’t limited to loss of revenue, legal fees, loss of time and effort, penalties, and other losses. In you intentionally or knowingly input false information into our forms including but not limited to the use of someone else’s name, email address, physical address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number you agree to indemnify us and our partners and be liable to us and each of our service partners for a minimum amount of $10,000 and even more if further damages and losses occur such as legal fees and damages including direct, indirect, punitive and consequential damages, judicial fines, attorney expenses, regulatory fines, and any other penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.

Articles and Content

Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice does not substitute for the knowledge and advice from a service professional. We are not liable for any decision you make that you later regret or if you spend more money than you previously expected because you followed suggestions or advice. Disputes Between You and Service Professionals We do not guarantee the work of any service professional and any disputes that arise between you and a service professional are between you and the service professional, not us. We have no obligation to you in regards to your relationship between you and your service professional or the quality of work performed by the service professional, or any damages caused to you or your property by the service professional(s).

Indemnification

You agree to indemnify us, our employees, our partners, our officers, our agents, and our owners, and hold each of us harmless from any and all demands or claims including legal expenses and attorney fees made by any third party because of or arising from the use of any of our services or partner services in connection with any of our websites, with regard to any disputes between you and service professionals or contractors, or your violation of any of these terms and conditions, or any claims arising from your violations of any rights of any third party.

Use of Our Services / Prohibited Uses

You agree and acknowledge that you are in need of a service and you are wanting to be contacted to get your needed service provided. You agree and acknowledge that you are not using our forms to solicit service professionals for marketing or advertising purposes or any other use not contemplated herein. You agree to not use our forms for spamming, jamming, content scraping, infiltrating, advertising, marketing, fraud, or hacking. If you do so we reserve the right to seek remedies for damages including but not limited to legal fees, repairs, and lost revenue. You agree and acknowledge that when you check boxes for additional services you expect to be contacted in regards to those services as well.

SMS Messaging

By filling in our form and submitting your information to us and our partners you acknowledge and agree that our partner service professionals may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.

Call Recording

You agree and acknowledge that us and our partners may monitor and/or record any phone calls you make using the phone numbers listed on our websites. Service Professional Pre-Screening Disclaimers and Procedures We make no guarantees of the quality of the service professionals who may contact you. Our partners have their own requirements and may prescreen service professionals as they deem appropriate. Although most service professionals are completely legitimate, licensed, and certified in their trade, there is a chance that certain professionals could slip through the cracks, not have proper business licenses and filings, criminal background records searches, sex offender searches, identity verification such as social security numbers, legal searches for civil judgments, etc. Many of our partners pre-screen for some or all of these things but that screening is typically done at the beginning of verifying the service professional and doesn’t take into account anything that may have occurred negatively for that service professional after the initial screening procedures. Furthermore, for service professionals using Corporate Accounts such as employees, franchisees, dealers, and independent contractors those screening methods can be different or non existent, meaning no screening at all.

Parental Notice

Online Schedules does not knowingly provide its Services to persons under the age of eighteen (18).  Users over the age of eighteen (18) can use the Site freely, but are otherwise prohibited from providing Online Schedules with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.

Ownership

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed to – Online Schedules or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throught the world.

Third party links

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).

User Privacy

We respect user privacy and will only use personal information for the purposes of providing you with services and connecting you with contractors in your area.  We will send your information you fill out in the contact forms to contractors for the purpose of connecting the two parties so work can be performed.  By submitting your information, you agree to be contacted regarding home improvement information, using email, telephone or text including the use of autodialed and/or prerecorded calls or messages to the telephone number provided above, including your wireless number, if provided. I understand that consent is not a condition of purchase.  We reserve the right to contact you with questions, updates, and follow ups.  We may use your information to determine services we think you may be interested in and contact you with these services.

No Warranty

Neither Online Schedules, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Online Schedules or its employees, affiliates, contractors and/or agents shall create a guarantee.

Neither Online Schedules nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The results described in the Site are not typical and will vary based on a variety of factors outside the control of Online Schedules.  Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

To the fullest extent allowable under applicable law, Online Schedules expressly disclaim any and all representations and warranties of any kind with respect to the Site, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Site, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.

Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Site and Services “as is”, “with all faults”, and “as available”, including all content and/or information made available thereby.  It shall be your own responsibility to ensure that any products, Services or information available through this Site meet your specific requirements.

Limitation of Liability

In no event shall Online Schedules be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Site; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.

In recognition of the relative risks and benefits of the Services provided via the Site, to both Online Schedules and the customer, the risks have been allocated such that you, our customer, hereby acknowledges and agrees, to the fullest extent permitted by law, to limit the maximum cumulative liability of Online Schedules to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any Services thereon or whatsoever claims expenses from any cause or causes (including reasonable attorneys’ fees and costs and expert witness fees and costs), to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars).

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages.  Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.

Indemnification

You agree to indemnify, defend and hold Online Schedules and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; or (iii) your violation of the rights of any third-party.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Force Majeure. Online Schedules is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Online Schedules' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Waiver. Failure by Online Schedules to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Online Schedules are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Online Schedules shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Online Schedules, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Texas, United States of America, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Austin, State of Texas, United States of America.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Updates

We reserve the right to amend, change and update our website, our Privacy Policy and our Terms of Use, from time to time, at our sole and final discretion, and we suggest that you revisit them frequently for any updates.  We will post the update on the website, send you an email and/or otherwise conspicuously notify you of any changes.

Contact

For inquires or comments regarding these Terms of Use or our Privacy Policy, please communicate with us via the form on this site.