Term and Conditions of Use was updated on 2013-11-26 05:35:08
Effective: October 1, 2013
THESE
TERMS AND CONDITIONS GOVERN YOUR USE OF BobsPlumbingVideos.com, WHICH IS PROVIDED BY BobsPlumbingVideos.com.
BY ACCESSING BobsPlumbingVideos.com, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT
MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT
TO CHANGE BY BobsPlumbingVideos.com AT ANY TIME IN ITS DISCRETION. YOUR USE OF BobsPlumbingVideos.com AFTER
SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE
OF BobsPlumbingVideos.com.
Overview
The terms “we”, “us”, and “our” refers to BobsPlumbingVideos.com. The
term the “Site” refers to BobsPlumbingVideos.com.
The term “user,” “you” and “your” refers to site visitors, customers and any other
users of the site. The term the “Service” refers to the services and/or
products provided by BobsPlumbingVideos.com
via BobsPlumbingVideos.com.
The term the “Content” refers to information provided on the Site in any form,
including graphics, artwork, photos, videos, audios, text, code, software or
other material. The term “Submissions” refers to any graphics, artwork, photos,
videos, audios, text, code, software or other material provided by you to BobsPlumbingVideos.com via
our Site, Service, or company email or regular mail.
Other Documents Included In These Terms And Conditions By Reference
Our website’s Privacy Policy is part of, and subject to,
these Terms and Conditions of Use. You may view our Privacy Policy elsewhere on
our website. To the extent there is a conflict, the terms of the Privacy Policy
shall govern. Any other policies, notices, or other legal/administrative pages
contained in our website are also necessarily incorporated into these Terms and
Conditions of Use by reference.
Use of the Site and Service
TO
ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY
POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER
THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the
Service is subject to change. BobsPlumbingVideos.com
makes no representation or warranty that the Content, regardless of its
source, is accurate, complete, reliable, current or error-free. BobsPlumbingVideos.com disclaims
all liability for any inaccuracy, unreliability, error or lack of timeliness or
completeness in the Content.
Content on this Site may be provided in written, video
and/or audio format and is provided for the user’s convenience for
informational, educational and entertainment purposes only. Content on this
Site is not intended to provide specific financial, tax, legal, physical or
mental health or any other professional advice whatsoever to you, or any other
individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is
limited and non-exclusive as an individual nontransferable revocable licensee. BobsPlumbingVideos.com may,
within our sole discretion, terminate your license to use the Site, and access
to the Site, for any reason or no reason whatsoever, and without giving you
notice.
Account Creation
In order to use the Service, you may be required to provide
information about yourself including your name, email address, username and
password and other personal information. You agree that any registration
information you give to BobsPlumbingVideos.com
will always be current, correct and complete. You must not
impersonate someone else or provide account information or an email address
other than your own. Your account must not be used for any illegal or
unauthorized purpose. You must not, in the use of the Service, violate any laws
in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only.
You agree to use the Site and to purchase Service through the Site for
legitimate purposes expressly permitted by this Site. You agree to be
financially responsible for all purchases made by you or someone acting on your
behalf through the Site. You may not use this site for any other purpose,
including any commercial purpose, without BobsPlumbingVideos.com’s
express prior written consent. You shall not post or transmit through the Site
any material which violates or infringes the rights of others, or which is
threatening, abusive, defamatory, libelous, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, contains injurious
formulas, recipes, or instructions, or which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law.
Refusal of Service
The Service is offered subject to our acceptance of your
order or request for Service. We reserve the right to refuse service to any
order, person or entity, without any obligation to explain our reason for doing
so. An order is not deemed accepted by us until payment has been processed. We
may at any time change or discontinue any aspect or feature of the Site or
Service, subject to us fulfilling our previous responsibilities to you based on
acceptance of your payment. If we choose to refuse your order after payment has
been processed, we will refund your money.
Order Confirmation
We will email you to confirm the placement of your order and
with details concerning product delivery. In the event that there is an error
in this email confirmation, it is your responsibility to inform us as soon as
possible so that we may correct the error.
Cancellations, Refunds & Returns
We do not offer refunds for digital products once they are
downloaded or once access to the Site has been granted.
Product Description
We endeavor to describe and display the Site and Service as
accurately as possible. While we try to be as clear as possible in explaining
the Service, we do not guarantee that the Site is entirely accurate, current,
or error-free. From time to time we may correct errors in pricing and
descriptions. We reserve the right to refuse or cancel any order with an
incorrect price listing.
Third Party Resources
The Site and the Service may contain links to third party
websites and resources. These links are provided for your convenience. You
acknowledge and agree that we are not responsible or liable for the
availability, accuracy, content or policies of third party websites or
resources. Unless otherwise indicated by us, links to such websites or resources
do not imply any endorsement by or affiliation with BobsPlumbingVideos.com. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources.
Links to external websites may expire over time, a situation
which we do not control. We do review our Site periodically for broken and
out-of-date links, and we have the right to alter, remove or post links at any
time. If you would like to report problems with links on our Site, please send
an email to info@bobsplumbingvideos.com.
Material You Submit to the Site
BobsPlumbingVideos.com
prohibits the uploading, posting or otherwise making available on
the Site any artwork, photos, videos, audios, text or other submission of
material (collectively “Submissions”) protected by copyright, trademark or
other proprietary right without the express written permission of the owner of
the copyright, trademark or other proprietary right. The burden of determining
that any Submissions are not so protected rests entirely with you. You shall be
liable for any damage resulting from any infringement of copyrights,
trademarks, or other proprietary rights, or any other harm resulting from such
a Submission. You represent or warrant that you have the authority to use and
distribute all Submissions submitted by you to the Site, as well as any Submissions
sent via email to our email address or via mail to our mailing address, and that
the use or display of the Submissions will not violate any laws, rules,
regulations or rights of third parties.
Intellectual Property Rights to Your Submissions
We claim no intellectual property rights over your
Submissions to BobsPlumbingVideos.com.
You retain copyright and any other rights you may rightfully hold in any
Submissions which you submit through the Site or Service or via company email
or postal mail. Submissions to BobsPlumbingVideos.com
remain yours to the extent that you have any legal claims therein.
You agree to hold BobsPlumbingVideos.com
harmless from and against all claims, liabilities and expenses
arising out of any potential or actual copyright or trademark misappropriation
or infringement claimed against you. By posting Submissions on the Site or
through the Service or submitting testimonials and other information to our
email or postal address, you grant us a world wide, nonexclusive, royalty-free,
perpetual, irrevocable license to use the Submissions for promotional, business
development and marketing purposes.
Notice and Procedure for Making Claims of Copyright or Intellectual Property
Infringement
BobsPlumbingVideos.com
respects the intellectual property of others, and we expect our Site
users to do the same. BobsPlumbingVideos.com
may, in appropriate circumstances and at its discretion, refuse
Service and/or Site access to users who may be intentional or repeat copyright
infringers. If you believe that your intellectual property has been copied in a
way that constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, or if you are uncertain whether your
material is protected by copyright laws, we suggest you contact an attorney
knowledgeable in copyright law. United States copyright law provides that you
will be liable for damages (including damages, costs and attorneys’ fees) if
you materially misrepresent that a website or web page is infringing your
copyright.
If you do wish to file a notice of infringement related to
our Site, please provide BobsPlumbingVideos.com
the following information in a writing signed (either physically or digitally)
by the owner of the copyright or other intellectual property interest or a
person authorized to act on his or her behalf:
1. A
detailed description of the copyrighted work or other intellectual property
that you claim has been infringed, sufficient to identify the property;
2. A
description of where the material that you claim is infringing is located on
the Site, including the URL, the exact webpage, and a description of the
specific material on the page which you claim is infringing on the copyright;
3. Your
name, address, telephone number, and email address;
4. The
following statement: “I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. I also affirm that as the copyright owner or as agent
authorized to act on behalf of the copyright owner, I have a good faith belief
that use of the material in the manner complained of is not authorized by me,
my agent, or the law.”
5. The
signature of the copyright owner or a person authorized to act on behalf of the
copyright owner below the above statement.
You may give the above notice to BobsPlumbingVideos.com’s IP agent to the
following address:
By mail:
179 Bay Ridge Ave
Brooklyn
New York
11220
USA
NY
By email:
info@bobsplumbingvideos.com
Counternotification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with BobsPlumbingVideos.com implicating
you, BobsPlumbingVideos.com will
attempt to notify you and provide you with a copy of the notice of copyright
infringement. If you have a good faith belief that you have been wrongfully
accused, you may file a counter-notification with BobsPlumbingVideos.com. If BobsPlumbingVideos.com receives
a valid counter-notification, the removed or blocked information will be
restored or access re-enabled. The information will be restored in not less
than 10, nor more than 14, business days following receipt of the
counternotification, unless BobsPlumbingVideos.com
first receives notice from the complaining party that such
complaining party has filed an action seeking a court order to restrain the alleged
infringer from engaging in infringing activity relating to the material on this
Site.
If you are not sure whether certain material of yours is
protected by copyright laws, we suggest that you first contact an attorney.
United States copyright law provides substantial penalties for a false
counter-notice filed in response to a notice of copyright infringement.
Our Intellectual Property
The Site and Service contain intellectual property owned by BobsPlumbingVideos.com, including,
without limitation, trademarks, copyrights, proprietary information and other intellectual
property as well as the BobsPlumbingVideos.com
name, logo, all designs, text, graphics, other files, and the
selection and arrangement thereof, also referred to as the “look and feel.” The
entire Content of our Site is protected by intellectual property law, including
international copyright and trademark laws. You are prohibited from modifying, publishing,
transmitting, participating in the transfer or sale of, creating derivative
works from, distributing, displaying, reproducing or performing, or in any way
exploiting in any format whatsoever any of the Site or Service Content or
intellectual property, in whole or in part without our prior written consent,
including any and all text, graphics, code, software, video, audio, or other
Content. We reserve the right to immediately remove you from the Service,
without refund, or restrict you from access to the Site, if you are caught
violating this intellectual property policy.
Material Connection, Good Faith Recommendations and Compensation
Unless otherwise expressly stated, you should assume that
all references to products and services on BobsPlumbingVideos.com
are made because material connections exist between BobsPlumbingVideos.com and
the vendor of the mentioned products and services (“Vendor”).
BobsPlumbingVideos.com
recommends products and services on BobsPlumbingVideos.com based in part on a good faith
belief that the purchase of such products or services will help our users. BobsPlumbingVideos.com has
this good faith belief because (a) BobsPlumbingVideos.com
has tried the product or service mentioned prior to recommending it
or (b) BobsPlumbingVideos.com has
researched the reputation of the Vendor and has made the decision to recommend
the Vendor’s products or services based on the Vendor’s history of providing
these or other products or services. The representations made by BobsPlumbingVideos.com about
products and services reflect BobsPlumbingVideos.com’s
honest opinion based upon the facts known to BobsPlumbingVideos.com
at the time a product or service is mentioned on BobsPlumbingVideos.com.
BobsPlumbingVideos.com’s
opinion about a product or service may be partially formed, whether knowingly
or unknowingly, in part based on the fact that BobsPlumbingVideos.com has been compensated or
will be compensated because of BobsPlumbingVideos.com’s
business relationships with the Vendor.
The type of compensation BobsPlumbingVideos.com
receives may vary. In some situations, BobsPlumbingVideos.com may receive complimentary
products, services, or money from a Vendor prior to mentioning the Vendor’s
products or services on BobsPlumbingVideos.com.
In other instances, BobsPlumbingVideos.com
may receive a monetary commission or nonmonetary compensation when
you take action based on the content of BobsPlumbingVideos.com.
This includes, but is not limited to, when you purchase a product or service
from a Vendor after clicking on an affiliate link on BobsPlumbingVideos.com.
In some cases, BobsPlumbingVideos.com
and a Vendor will have a business or personal relationship that does
not involve the BobsPlumbingVideos.com
receiving compensation related to products and services mentioned on
BobsPlumbingVideos.com.
However, the nature of the relationship could be seen as sufficient to
establish a material connection between the BobsPlumbingVideos.com
and the Vendor.
Because there may be a material connection between BobsPlumbingVideos.com and
Vendors of products or services mentioned on BobsPlumbingVideos.com,
you should always assume that BobsPlumbingVideos.com
may be biased because of BobsPlumbingVideos.com’s
relationship with a Vendor and/or because BobsPlumbingVideos.com
has received or will receive something of value from a Vendor.
Therefore, it is in your own best interest for you to perform your own due
diligence before purchasing a product or service mentioned on BobsPlumbingVideos.com (or any
other website).
Earnings and Income Disclaimers
When BobsPlumbingVideos.com
informs you about or makes reference to business opportunities or money-making
opportunities, you understand and agree we have made no promise, representation,
implication, warranty, suggestion, projection or guarantee whatsoever that you
will make a certain amount of money, or any money, or not lose money, as a result
of pursuing such opportunities or using our products and services, and that we
do not authorize any such promise, representation, implication, warranty,
suggestion, projection or guarantee by others.
Any earnings, revenue, or income statements or examples are
based on actual individual results and/or estimates as may be stated. There is
no guarantee that you will make these levels for yourself. If we know typical
buyer results they are listed. Otherwise, we do not know typical buyer results
and you should take that into consideration in your decision to use our product
or service. As with any business, your results will vary and will be based on
your personal capabilities, experience, knowledge, level of desire, work ethic,
time invested and an infinite number of variables beyond our control, including
variables we or you have not anticipated. Accordingly, there are no guarantees
concerning the level of success you may achieve.
Testimonials, case studies, and examples found at BobsPlumbingVideos.com are
exceptional results, are not representative of the typical purchaser’s
experience, don’t apply to the average person and are not intended to represent
or guarantee that anyone will achieve the same or similar results. If we have
disclosed typical results based on information provided to us by a manufacturer
or other reputable third party source, you should presume that the typical
results as stated are more reliable than the testimonials and examples found at
BobsPlumbingVideos.com.
We make no assurance that any prior successes or past
results as to earnings or income referred to on this Site will apply in your
situation, nor can any prior successes be used as an indication of your future
success or results from using any of the information, content, or strategies on
this Site. If you rely upon any figures provided on this Site, you must accept
the entire risk of not doing as well as the information provided, and only risk
capital should be used.
There are additional unknown risks in any business,
particularly with the Internet where advances and changes happen very quickly,
and such risk factors may not be suitable for everyone. You may not rely on any
information presented on BobsPlumbingVideos.com
or otherwise provided by us, unless you do so with the knowledge and
understanding that you can experience significant losses (including, but not
limited to, the loss of any funds used to purchase Products and Services,
and/or any funds used to set up, operate, and/ or market Products and
Services), and further, that you may have no earnings at all.
All information, products and services provided by BobsPlumbingVideos.com are
for entertainment, educational and informational purposes only. The use of our
information, products and services should be based on your own due diligence
when making business decisions, and you should consult your personal legal,
financial and other qualified professional advisors for an independent
analysis.
You agree that we are not responsible for any losses or
damages resulting from your use of any link, information, or opportunity
contained within BobsPlumbingVideos.com
or within any information disclosed by BobsPlumbingVideos.com in any form whatsoever.
Forward-Looking Statements.
MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED
AND/OR DOWNLOADED FROM THIS SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS
BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES
LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS
OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT
THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS
SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,”
AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION
OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER
MATERIALS CONTAINED ON THIS SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED
FROM THIS SITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY
FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND
TECHNIQUES IN OUR MATERIAL.
Health Disclaimers
Any references to physical or mental health on this Site are
provided solely for general informational and educational purposes. The Content
at BobsPlumbingVideos.com is
provided “as is” and without warranties of any kind either express or implied.
Any information contained on the Site is not intended nor otherwise implied to
be medical advice nor should you substitute such information for direct,
personal, professional medical care and diagnosis. We are not medical
professionals and nothing on this website should be misconstrued to mean
otherwise.
Any products, services or information and any related claims
for such products, services or information on this Site have not been evaluated
by the United States Food and Drug Administration (USFDA) and are not approved
to diagnose, treat, cure or prevent disease. You acknowledge that you are not
relying in any fashion that the USFDA has approved of any such claims. Products
and services described are only offered in jurisdictions where they may be
legally offered.
Any customer testimonials found on our Site are strictly the
opinion based on personal experience of the individual expressing them. Any
results such person may have achieved are unique to them and you may not
achieve similar results.
Information posted on BobsPlumbingVideos.com
is believed to be accurate at the time it was posted, but it is not
represented to be complete or exhaustive, is limited to information that is made
available, and should not be relied upon as complete or exhaustive. You should always
consult your physician or other healthcare provider to determine the appropriateness
of this information for your personal situation or to discuss any questions you
may have regarding a medical condition or treatment plan.
BobsPlumbingVideos.com
may mention participation in physical activities, which
participation may pose risks for people in poor health or with pre-existing
physical or mental health conditions. You should not participate in such
activities if you are in poor health or have a pre-existing mental or physical
condition without first obtaining the approval of your healthcare provider. If
you choose to participate in these risks, you do so of your own free will and
accord, knowingly and voluntarily assuming all risks associated with such activities.
You agree that BobsPlumbingVideos.com,
its owners, agents, and employees are not liable for any claims for damages due
to injuries or harm, including attorney fees and costs, incurred by you or
caused to third parties by you, arising out of the activities, products,
services or information discussed on this website, or your reliance on such
information.
General Disclaimers And Limitations Of Liability
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS,” “AS
AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION
ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED
TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR
ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES
WILL BobsPlumbingVideos.com BE
LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE
LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE
SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, BobsPlumbingVideos.com
IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (a) ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR
SYSTEM FAILURE; (b) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS,
GOODWILL OR DATA; AND (c) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR
NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH
LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL
LIABILITY. THIS APPLIES EVEN IF BobsPlumbingVideos.com
WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE
UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN
OUR SITE WILL BE CORRECTED.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON
WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE
REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL BobsPlumbingVideos.com
‘S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED ($100) DOLLARS AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL
BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
Indemnification
You shall indemnify and hold us harmless from and against
any and all losses, damages, settlements, liabilities, costs, charges, assessments
and expenses, as well as third party claims and causes of action, including,
without limitation, attorneys’ fees, arising out of any breach by you of any of
these Terms and Conditions, or any use by you of the Site or Service. You shall
provide us with such assistance, without charge, as we may request in
connection with any such defense, including, without limitation, providing us
with such information, documents, records and reasonable access to you, as we
deem necessary. You shall not settle any third party claim or waive any defense
without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of
these Terms and Conditions of Use are included for convenience only and shall
not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions of Use constitute the entire
agreement between you and BobsPlumbingVideos.com
pertaining to the Site and Service and supersedes any and all prior and
contemporaneous agreements, representations, and understandings between us. No
waiver of any of the provisions of this BobsPlumbingVideos.com
shall be deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by BobsPlumbingVideos.com.
Notices
All notices, requests, demands, and other communications
under this Agreement shall be in writing and properly addressed as follows:
179 Bay Ridge Ave
Brooklyn
New York
11220
USA
NY
Governing Law; Venue; Arbitration
This Agreement shall be construed in accordance with, and
governed by, the laws of the State of NY
as applied to contracts that are executed and performed entirely in NY. The
exclusive venue for any arbitration or court proceeding based on or arising out
of this Agreement shall be
County, NY.
Any dispute between you and us, excluding any intellectual property right
infringement claims we pursue against you, shall be settled solely by
confidential binding arbitration per the American Arbitration Association
commercial arbitration rules. All claims must be arbitrated on an individual
basis, and cannot be consolidated in any arbitration with any claim or controversy
of anyone else. All arbitration must occur in
County, NY,
USA. Each party shall bear one half of the arbitration fees and costs incurred,
and each party is responsible for its own lawyer fees.
Anti-Spam Policy
BobsPlumbingVideos.com
does not endorse or tolerate unsolicited bulk or unsolicited commercial
e-mail ("Spam") in any form. Users’ information will not be used in
any manner associated with the transmission, distribution or delivery of Spam,
in accordance with the requirements of the CAN-SPAM Act of 2003 (Controlling
the Assault of Non-Solicited Pornography and Marketing Act), and all other
applicable unsolicited commercial email laws.
BobsPlumbingVideos.com
will use personal e-mail addresses only to provide company communication
and services, and such communications will be sent only if users have subscribed
to such communications. If users receive our communications and wish to be
removed permanently from the BobsPlumbingVideos.com
mailing list, they may do so using the optout link provided in each
communication from BobsPlumbingVideos.com.
BobsPlumbingVideos.com
continuously inspects our marketing services for full compliance
with our anti-spam policy, but if you feel you have received an unsolicited
email, or if you have additional questions, comments or concerns concerning
unsolicited email, please send an email to info@bobsplumbingvideos.com.
Severability
If any term, provision, covenant, or condition of these
Terms and Conditions is held by an arbitrator or court of competent jurisdiction
to be invalid, void, or unenforceable, the rest of the Terms and Conditions
shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of
the parties’ successors and assigns. These Terms and Conditions are not
assignable, delegable, sublicenseable or otherwise transferable by you. Any
transfer, assignment, delegation or sublicense by you is invalid.
Changed Terms
We may at any time amend these Terms and Conditions. Such
amendments are effective immediately upon notice to you by us posting the new
Terms and Conditions on this Site. Any use of the Site or Service by you after
being notified means you accept these amendments. We reserve the right to
update any portion of our Site and Service, including these Terms and
Conditions at any time. We will post the most recent versions to the Site and
list the effective dates on the pages of our Terms and Conditions.
Questions about these Terms and Conditions? Email
us at info@bobsplumbingvideos.com.
These website terms, conditions, policies, and notices are
Copyright © 2013 Law Office of Lory Moore, PLLC, and licensed for use by the
owner of this website at BobsPlumbingVideos.com.
All Rights Reserved. No portion of this document may be copied or used by
anyone other than the licensee without the express written permission of the
copyright owner.