WELLS REPAIR SERVICE AND SALES TERMS AND CONDITIONS
Welcome to Wells Repair Service and Sales ("us", "our" or "we") website, wellsrepair.com (the "Website"). To promote a safe, non-offensive environment for all visitors to our Website, we have established these "Terms and Conditions". The terms and conditions that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth in these Terms and Conditions. By accessing or using any areas of our Website, you accept and agree to all of the terms and conditions herein and you agree to be bound by these Terms and Conditions, which form a legally binding agreement. If you do not agree to all of the Terms of Conditions, please do not use this Website.
General and Changes to Terms and Conditions
All rights not expressly granted to you by us in these Terms and Conditions are reserved to us, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests or businesses, or to our customers, affiliates, licensors or licensees.
Ownership, License, and Limitations
We provide the content, information and other materials available through our Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES.
To protect the account information of our Website members, where applicable, we may assign to you either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their ads as needed.
In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are intended to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, data, materials or other postings or communications (collectively, "User Content"), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email, SMS/text messages or other means of electronic communication. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant us and our affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant us and our affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user's personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.
Notification of Claims of Infringement
We respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
* A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact us:
Disclosure of Your Information; Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect our rights, property or personal safety and/or our affiliates, employees, users of or visitors to this Website or the public.
YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND OUR AFFILIATES, LICENSORS AND LICENSEES, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND/OR YOUR USE THEREOF.
You hereby agree to indemnify, defend and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys' fees, arising from or relating to:(i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or (iii) any dispute between you and any third party.