Terms of ServicePLEASE READ THESE TERMS OF SERVICE. BY USING mygutterguards.com, YOU AGREE TO ABIDE BY THIS AGREEMENT.
(1) Acceptance of and Modification to this Agreement.
Welcome to mygutterguards.com, a property of QuinStreet, Inc. ("QuinStreet", "we" or "us"). QuinStreet provides the services on mygutterguards.com (the "Website") subject to these terms and conditions. By using the Website, you agree to be bound by these terms and conditions (the "Agreement"). QuinStreet reserves the right to modify this Agreement at any time. Any such modifications shall be effective upon posting on the Website. You can view the most recent version of this Agreement at Terms of Service. To use the services on this Website, you must be of legal age to enter into a binding contract and not be prohibited from using the Website by the laws of the jurisdiction from which you access the Website.
(2) Modification to or Termination of Services.
You acknowledge and agree that QuinStreet may modify or terminate the services provided on the Website and any of its features at any time or terminate your access to them without notice to you. You acknowledge and agree that QuinStreet shall not be liable to you or any third party as a result of any such modification or termination. You may discontinue use of the Website at any time without notice to us.
(4) The Website.
The Website is designed to help you locate information regarding home improvement projects and household goods and services. The Website also connects visitors to contractors and other providers who may be able to assist you with your home improvement projects or your household goods and services needs. QuinStreet owns and retains all intellectual property rights in and to the Website.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. You are using the Website and the content thereon at your own risk (see Disclaimers below).
(5) Links to Third-Party Websites.
Some information provided to you on the Website may contain links to information that resides on third-party websites not owned by or controlled by QuinStreet. Unless the link is to an article or content on another QuinStreet-owned website, QuinStreet does not claim ownership to the content on other websites you reach by clicking on a link from the Website. Your rights to such content will be governed by the terms of those third-party websites. You acknowledge and agree that QuinStreet is not responsible for any third-party content and that you must evaluate any such third-party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.
(6) Use of the Website.
You may use the Website for your individual personal use and you agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Website for any commercial purpose. You agree to access the Website through the interface provided by the Website using a standard web browser. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the content thereon. Nor may you use any network monitoring, discovery software or other programs or methods to determine the Website architecture or to extract content from the Website or information about its usage or users.
If you are a copyright owner or agent thereof and believe that content on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached
950 Tower Lane, 6th Floor
Foster City, CA 94404
By fax: (650) 350-1423
By email: firstname.lastname@example.org
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER QUINSTREET, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT: (A) THE WEBSITE OR CONTENT THEREON WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (C) THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; or (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK.
(8) Limitation of Liability
IN NO EVENT SHALL QUINSTREET, OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS ("THE QUINSTREET PARTIES") BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS WEBSITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT QUINSTREET OR ANY OF THE QUINSTREET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUINSTREET'S AND THE QUINSTREET PARTIES' COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE OR SERVICES PROVIDED ON THE WEBSITE, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, QUINSTREET'S AND THE QUINSTREET PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless QuinStreet and its directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the WebWebsite or the services and the content thereon or your breach of this Agreement.
(10) Choice of Law.
This Agreement shall be governed by and construed under the laws of the State of California without giving effect to its conflict of laws principles. You and QuinStreet hereby submit to the exclusive forum, jurisdiction and venue of the state courts located in San Mateo County, California and/or the United States District Court for the Northern District of California for any claim related to, arising from or in connection with this Agreement and/or your use of the Website.
(11) Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.