These terms and conditions of use (“Terms of Use”) govern your use of our website and related services (collectively, the “Site” or the “Services” ) which are owned and controlled by Customer Floods,(“Customer Floods” or “customerfloods.com”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.
All pages within this Site and any material made available for download are the property of Customer Floods, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Customer Floods. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Customer Floods without our express written consent.
customerfloods.com may be used to send emails, Tweets, Facebook messages and/or other instant or persistent electronic messages, as available through the Services, (“Emails”) to persons or entities in the United States of America who have opted to receive such Emails, or third-party Emails and are otherwise suitable and reasonable recipients of such Emails.
You are responsible for all personal information (information about an individual) which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using the Services you represent and warrant that your collection, retention and use of such personal information is in compliance with all applicable law and regulation.
We will not retain any personal information after the Emails have been transmitted, except as necessary and/or legally required to document our own compliance with the Terms of Use and/or any applicable law and regulation. If you provide personal information to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us harmless from any claim related to such personal information, including but not limited to the costs of responding to such claim and/or the costs of suit, fine or other sanction.
If you submit, upload, post or send any Emails, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Content”), you agree not to provide any User Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Customer Floods that you have the legal right and authorization to provide all User Content to Customer Floods for the purposes and Customer Floods’s use as set forth herein. Customer Floods shall have a royalty-free, irrevocable, transferable right and license to use the User Content in whatever manner Customer Floods desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world. Customer Floods is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any User Content.
Customer Floods does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant Customer Floods the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and shall remain solely responsible for the content of any User Content you make. Customer Floods and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
You agree to defend, indemnify and hold Customer Floods harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Customer Floods arising out of any User Content you post or allow to be posted to the Site.
You agree to receive electronically all communications, documents, notices and disclosures (collectively, “Communications”) that Customer Floods provides (by email, posting on customerfloods.com
or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that Customer Floods can communicate with me electronically, and to periodically check the customerfloods.com website for updates and notifications. You agree that agreements between you and Customer Floods can be entered into electronically and signed electronically in accordance with applicable laws.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Customer Floods will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Customer Floods. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Customer Floods at any time with or without cause. You agree to defend, indemnify and hold Customer Floods harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Customer Floods arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
Although Customer Floods attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Customer Floods so that it can be corrected. Customer Floods reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Customer Floods shall have no responsibility or liability for information or Content posted to the Site from any non-Customer Floods affiliated third party.
Customer Floods makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Customer Floods website, please understand that it is independent from Customer Floods, and that Customer Floods has no control over the content on that website. In addition, a link to a non-Customer Floods website does not mean that Customer Floods endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
Customer Floods DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Customer Floods DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Customer Floods DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY Customer Floods ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Customer Floods AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF Customer Floods TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Salt Lake City, Utah, in accordance with Utah law.