BY ACCESSING OR USING ANY PART OF THIS WEBSITE, OR BY INSTALLING, ACCESSING OR USING ANY PART OF NWA C&S PLUMBING WEBSITE OR OTHER SERVICE WHICH GIVES YOU ACCESS THROUGH THIS WEBSITE TO INFORMATION MAINTAINED BY NWA C&S PLUMBING (THE “ACCESS SERVICES”), YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
Scope of Use Rights. You and your representatives are permitted to access and use the information available through the website and the Access Services only under these terms of use and for your own internal business use.
Security. You will be solely responsible for the security, confidentiality and integrity of all messages and content that you provide, receive, transmit through or store on the website or in connection with the Access Services.
Responsibility for Employees, Contractors, and Other Representatives. We understand and agree that you may authorize your employees, contractors, and other representatives (your “representatives”) to access the website or the Access Services on your behalf. Your representatives must comply with these terms of use when accessing or using the website or the Access Services. You acknowledge and agree that you will be liable for all of the actions of your representatives in connection with their use of the website and the Access Services, regardless of whether you have authorized them to access and use the website or the Access Services. In addition, you will be responsible for all of the actions of your former employees, contractors, and other representatives.
Prohibited Uses. You are solely responsible for, and you agree not to engage in, and to cause your representatives not to engage in, unacceptable use of the website or the Access Services, which includes, without limitation, use of the website or the Access Services to: (a) interfere, disrupt or attempt to gain unauthorized access to the website, the Access Services or any other computer network; (b) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (c) engage in any other activity deemed by us to be in conflict with the terms or intent of these terms of use.
Interactive Areas. You may be permitted to access and use discussion groups, bulletin boards, mail lists, customized home pages, services and other tools, and other forms of group electronic communications through the website or the Access Services (“Interactive Areas”). If you participate in or use any Interactive Area you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with applicable laws. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the website or the applicable Access Services. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the website; (f) attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the website or the applicable Access Services.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of these terms of use, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms of use. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
Access Services. You also may be permitted to access and use transactional and other information maintained by NWA C&S Plumbing through the use of our online payment portal service and certain other services provided by us through mobile applications and other means.
Access to these Access Services may be protected by a User ID and Password chosen by you (your “IDs”). Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the related Access Service. You are responsible for maintaining the strict confidentiality of your IDs and for any charges, damages or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs or your authorization to allow another person to access and use the applicable Access Service using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
You and your representatives are permitted to access and use the information available through the Access Services only under the terms of these terms of use and for your own internal business use. You are permitted only to access and use information relating to your business. You are strictly prohibited from defeating, or attempting to defeat, our security measures and accessing or using any information available through the Access Services about any other customer or supplier of NWA C&S Plumbing or any of its affiliates.
You will be solely responsible for the security, confidentiality and integrity of all messages and the content you provide, receive, transmit through or store on the Access Services. You will be solely responsible for overseeing and managing your representatives’ access and use of the Access Services. You will be solely responsible for any authorized or unauthorized access to or use of your account by any person.
You agree that you have only a non-exclusive, non-transferable limited right to use the Access Services and access information through the Access Services under these terms of use and such other terms as are required by NWA C&S Plumbing from time to time. NWA C&S Plumbing and its licensors retain full ownership of and, except for such limited right to use, full and exclusive rights to the Access Services, any mobile applications and other means used in connection with the Access Services and all information maintained by NWA C&S Plumbing, including, without limitation, all intellectual property rights relating thereto.
No Professional Advice. The content contained on the website (including instructions, guides, tips, and estimates) is offered for informational and educational purposes only, and is not intended to be a substitute for professional advice. You should not act upon this information without seeking professional advice. If you act without professional advice, you assume all risk for such actions.
If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.
Privacy Statement. Our Privacy Statement can be found by following this link: https://www.fixyourpipes.com/privacy-statement. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.
Not Intended for Children. This website and the Access Services are not intended to be used by children. The website and the Access Services are intended to be used by adults. If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Advertisements and Links to Other Websites. Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not endorse any product, service, or service provider that may be advertised on our website.
Links to Our Website; Advertising. Links into our website must be by prior written approval of NWA C&S Plumbing. No other links into our website are permitted.
Termination. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the website and to suspend your access to or use of all or any portion of the website or the Access Services.
Disclaimer of Warranties. THE WEBSITE AND ITS CONTENTS AND THE ACCESS SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEBSITE AND THE ACCESS SERVICES ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE WEBSITE OR THE ACCESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE OR THE ACCESS SERVICES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION CONTAINED IN THE WEBSITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEBSITE OR THE ACCESS SERVICES.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE, THE WEBSITE, THE ACCESS SERVICES OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEBSITE OR THE ACCESS SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE OR THE ACCESS SERVICES, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEBSITE OR THE ACCESS SERVICES, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE OR THE ACCESS SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE ACCESS SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE OR THE ACCESS SERVICES.
Ownership and Use of Content. All of our website design, text, graphics and the selection and arrangement thereof are protected by copyrights of NWA C&S Plumbing; © 2022 NWA C&S Plumbing, LLC. All Rights Reserved.
This website, including but not limited to its contents, is protected by the copyright laws of the United States and foreign countries. Title to the content is owned by us or our licensors, and all use thereof inures to the benefit of us or our licensors. You may download and print a single copy of the content solely for your internal business purposes and not for any commercial purpose or use, provided that such content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such content. All rights not expressly granted herein are reserved to us and our licensors. You agree that you will not upload or transmit any content of any type that infringes or violates the rights of anyone. The website and any portion thereof may never be used by anyone to create or re-create a similar or competing website. Any use of the content not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
Indemnification. You agree to indemnify, hold harmless and defend us and our shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) any violation of these terms of use; (b) your use of the website or the Access Services, including any data or work transmitted or received by you; and (c) any unacceptable use of the website or the Access Services.
No Extraterritoriality. We are based in Springdale, Arkansas, in the United States of America. We make no claims that the website or the Access Services is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America. Access to our website, its content and the Access Services may not be legal by certain persons in certain countries. If you access this website or the Access Services from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Miscellaneous. We have the right, at any time and without notice, to add to or modify these terms of use simply by posting such amended terms on this website. You consent to the modification of these terms of use in this manner. Your access to or use of the website and the Access Services after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.
These terms of use are made in and shall be governed by the laws of the State of Arkansas, without reference to conflicts of laws.
All actions, claims or disputes arising under or relating to these terms of use will be brought in the federal or state courts in Fayetteville, Arkansas. You irrevocably submit and consent to the exercise of personal and subject matter jurisdiction over you by the federal and/or state courts in Fayetteville, Arkansas. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Fayetteville, Arkansas. and to the laying of venue of any suit, action or proceeding brought in any federal or state court in Fayetteville, Arkansas.
If we sue you to enforce these terms of use and prevail, then we will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which we may be entitled.
The terms and provisions of these terms of use will survive any termination or expiration of your use of the website or the Access Services.
These terms of use constitute the complete and exclusive statement of the agreement between you and us with respect to the website and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and us concerning the website.
The waiver by us of a breach of any provision of these terms of use shall not operate or be construed as a waiver of any other or subsequent breach of the same or a different kind. If any provision of these terms of use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these terms of use shall remain in full force and effect.
Thank you for using our website. We hope you find it helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to paul@grassfiremarketing.com or by U.S. Mail to NWA C&S Plumbing, 2669 Carondolet St, Springdale, AR 72764.
