1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,whether personally or on behalf of an entity ("you") and YZS LLC,doing business as Joe's Doors - Garage Door Services ("Joe's Doors -Garage Door Services," "we," "us," or"our"), concerning your access to and use of the http://www.joes doors.com website aswell as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the"Site"). We are registered in Florida, United States and have ourregistered office at 1743 NE 142ND ST, North Florida, FL 33181. You agree thatby accessing the Site, you have read, understood, and agreed to be bound by allof these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THENYOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USEIMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Sitefrom time to time are hereby expressly incorporated herein by reference. Wereserve the right, in our sole discretion, to make changes or modifications tothese Terms of Use at any time and for any reason. We will alert you about anychanges by updating the "Last updated" date of these Terms of Use,and you waive any right to receive specific notice of each such change. Pleaseensure that you check the applicable Terms every time you use our Site so thatyou understand which Terms apply. You will be subject to, and will be deemed tohave been made aware of and to have accepted, the changes in any revised Termsof Use by your continued use of the Site after the date such revised Terms ofUse are posted.
The information provided on the Site is not intended for distribution to or useby any person or entity in any jurisdiction or country where such distributionor use would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Site from other locations do so on theirown initiative and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA). etc.), so if your interactions would besubjected to such laws, you may not use this Site. You may not use the Site ina way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generallyunder the age of 18) must have the permission of, and be directly supervisedby, their parent or guardian to use the Site. If you are a minor, you must haveyour parent or guardian read and agree to these Terms of Use prior to you usingthe Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all sourcecode, databases, functionality, software, website designs, audio, video, text,photographs, and graphics on the Site (collectively, the "Content")and the trademarks, service marks, and logos contained therein (the"Marks") are owned or controlled by us or licensed to us, and areprotected by copyright and trademark laws and various other intellectualproperty rights and unfair competition laws of the United States, internationalcopyright laws, and international conventions. The Content and the Marks areprovided on the Site "AS IS" for your information and personal useonly. Except as expressly provided in these Terms of Use, no part of the Siteand no Content or Marks may be copied, reproduced, aggregated, republished,uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limitedlicense to access and use the Site and to download or print a copy of anyportion of the Content to which you have properly gained access solely for yourpersonal, non-commercial use. We reserve all rights not expressly granted toyou in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legalcapacity and you agree to comply with these Terms of Use; (2) you are not aminor in the jurisdiction in which you reside, or if a minor, you have receivedparental permission to use the Site; (3) you will not access the Site throughautomated or non-human means, whether through a bot, script, or otherwise; (4)you will not use the Site for any illegal or unauthorized purpose; and (5) youruse of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account and refuseany and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
■ Systematically retrieve data or other content from the Site to create orcompile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
■Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
■ Circumvent, disable, or otherwise interfere with security-related features ofthe Site, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
■ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
■Use any information obtained from the Site in order to harass, abuse, or harmanother person.
■ Make improper use of our support services or submit false reports of abuse ormisconduct.
■ Use the Site in a manner inconsistent with any applicable laws orregulations.
■ Engage in unauthorized framing of or linking to the Site.
■ Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty's uninterrupted use and enjoyment of the Site or modifies, impairs,disrupts, alters, or interferes with the use, features, functions, operation,or maintenance of the Site.
■ Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction
tools.
■ Delete the copyright or other proprietary rights notice from any Content.
■ Attempt to impersonate another user or person or use the username of anotheruser.
■ Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices(sometimes referred to as "spyware" or "passive collectionmechanisms" or "pcms").
■ Interfere with, disrupt, or create an undue burden on the Site or thenetworks or services connected to the Site.
■ Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Site to you.
■ Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
■ Copy or adapt the Site's software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
■ Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Site.
■ Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Site, or using or launching any unauthorized script orother software.
■ Use a buying agent or purchasing agent to make purchases on the Site.
■ Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
■ Use the Site as part of any effort to compete with us or otherwise use theSite and/or the Content for any revenue-generating endeavor or commercialenterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide youwith the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or on the Site,including but not limited to text, writings, video, audio, photographs,graphics, comments, suggestions, or personal information or other material(collectively. "Contributions"). Contributions may be viewable byother users of the Site and through third-party websites. As such, anyContributions you transmit may be treated in accordance with the Site PrivacyPolicy. When you create or make available any Contributions, you therebyrepresent and warrant that:
■ The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to thecopyright, patent, trademark, trade secret, or moral rights of any third party.
■ You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplated bythe Site and these Terms of Use.
■ You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by the Siteand these Terms of Use.
■ Your Contributions are not false, inaccurate, or misleading.
■ Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
■ Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
■ Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
■ Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
■ Your Contributions do not violate anyapplicable law, regulation, or rule.
■ Your Contributions do not violate the privacy or publicity rights of anythird party.
■ Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
■ Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
■ Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Terms of Use, or any applicable law orregulation.
Any use of the Site in violation of the foregoing violates these Terms of Useand may result in, among other things, termination or suspension of your rightsto use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information andpersonal data that you provide following the terms of the Privacy Policy andyour choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree thatwe can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Site. You are solely responsible for your Contributions to theSite and you expressly agree to exonerate us from any and all responsibilityand to refrain from any legal action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions")provided by you to us are non- confidential and shall become our sole property.We shall own exclusive rights, including all intellectual property rights, andshall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to anysuch Submissions, and you hereby warrant that any such Submissions are originalwith you or that you have the right to submit such Submissions. You agree thereshall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles, photographs, text,graphics, pictures, designs, music, sound, video, information, applications,software, and other content or items belonging to or originating from thirdparties ("Third-Party Content"). Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Site or any Third-Party Contentposted on, available through, or installed from the Site, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Site and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Terms of Use no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Any purchasesyou make through Third-Party Websites will be through other websites and fromother companies, and we take no responsibility whatsoever in relation to suchpurchases which are exclusively between you and the applicable third party. Youagree and acknowledge that we do not endorse the products or services offeredon Third-Party Websites and you shall hold us harmless from any harm caused byyour purchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relating to orresulting in any way from any Third-Party Content or any contact withThird-Party Websites.
9. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site forviolations of these Terms of Use; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Terms of Use,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Site or otherwise disable all files and content that are excessive insize or are in any way burdensome to our systems; and (5) otherwise manage theSite in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.joesdoors.com/privacy-policy. By using the Site, you agree to be bound by our PrivacyPolicy, which is incorporated into these Terms of Use. Please be advised theSite is hosted in the United States. If you access the Site from any otherregion of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in the UnitedStates, then through your continued use of the Site, you are transferring yourdata to the United States, and you agree to have your data transferred to andprocessed in the United States.
11. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use theSite. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVETHE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES). TO ANYPERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACHOF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OROF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATIONIN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site atany time or for any reason at our sole discretion without notice. However, wehave no obligation to update any information on our Site. We also reserve theright to modify or discontinue all or part of the Site without notice at anytime. We will not be liable to you or any third party for any modification,price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related tothe Site, resulting in interruptions, delays, or errors. We reserve the rightto change, revise, update, suspend, discontinue, or otherwise modify the Siteat any time or for any reason without notice to you. You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Site during any downtime or discontinuance ofthe Site. Nothing in these Terms of Use will be construed to obligate us tomaintain and support the Site or to supply any corrections, updates, orreleases in connection therewith.
13. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed inaccordance with the laws of the State of Florida applicable to agreements madeand to be entirely performed within the State of Florida, without regard to itsconflict of law principles.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, orclaim related to these Terms of Use (each "Dispute" and collectively,the "Disputes") brought by either you or us (individually, a"Party" and collectively, the "Parties"), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least ninety (90) days before initiatingarbitration. Such informal negotiations commence upon written notice from oneParty to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,the Dispute (except those Disputes expressly excluded below) will be finallyand exclusively resolved through binding arbitration. YOU UNDERSTAND THATWITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE AJURY TRIAL. The arbitration shall be commenced and conducted under theCommercial Arbitration Rules of the American Arbitration Association("AAA") and, where appropriate, the AAA's Supplementary Proceduresfor Consumer Related Disputes ("AAA Consumer Rules"), both of whichare available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitratorcompensation shall be governed by the AAA Consumer Rules and, whereappropriate, limited by the AAA Consumer Rules. The arbitration may beconducted in person, through the submission of documents, by phone, or online.The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator mustfollow applicable law, and any award may be challenged if the arbitrator failsto do so. Except where otherwise required by the applicable AAA rules orapplicable law, the arbitration will take place in United States, Florida.Except as otherwise provided herein, the Parties may litigate in court tocompel arbitration, stay proceedings pending arbitration, or to confirm,modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, theDispute shall be commenced or prosecuted in the state and federal courtslocated in United States, Florida, and the Parties hereby consent to, and waiveall defenses of lack of personal jurisdiction, and forum non conveniens withrespect to venue and jurisdiction in such state and federal courts. Applicationof the United Nations Convention on Contracts for the International Sale ofGoods and the Uniform Computer Information Transaction Act (UCITA) is excludedfrom these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to theSite be commenced more than one (1) years after the cause of action arose. Ifthis provision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable, and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute betweenthe Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or toutilize class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations and binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on the Siteat any time, without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOURUSE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITESLINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS. (2) PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SITE. (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN. (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (8) ANY ERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OFDATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD. CERTAIN USSTATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLYTO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including oursubsidiaries, affiliates, and all of our respective officers, agents, partners,and employees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys' fees and expenses, made by any third party dueto or arising out of: (1) use of the Site; (2) breach of these Terms of Use;(3) any breach of your representations and warranties set forth in these Termsof Use; (4) your violation of the rights of a third party, including but notlimited to intellectual property rights; or (5) any overt harmful act towardany other user of the Site with whom you connected via the Site.Notwithstanding the foregoing, we reserve the right, at your expense, to assumethe exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification upon becomingaware of it.
19. USER DATA
We will maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use ofthe Site. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity youhave undertaken using the Site. You agree that we shall have no liability toyou for any loss or corruption of any such data, and you hereby waive any rightof action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Site,satisfy any legal requirement that such communication be in writing. YOU HEREBYAGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive anyrights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature or deliveryor retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact theComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Siteor in respect to the Site constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provisionof these Terms of Use shall not operate as a waiver of such right or provision.These Terms of Use operate to the fullest extent permissible by law. We mayassign any or all of our rights and obligations to others at any time. We shallnot be responsible or liable for any loss, damage, delay, or failure to actcaused by any cause beyond our reasonable control. If any provision or part ofa provision of these Terms of Use is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Terms of Use and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms ofUse or use of the Site. You agree that these Terms of Use will not be construedagainst us by virtue of having drafted them. You hereby waive any and alldefenses you may have based on the electronic form of these Terms of Use andthe lack of signing by the parties hereto to execute these Terms of Use.
23. CONTACT US
In order to resolve a complaint regardingthe Site or to receive further information regarding use of the Site, pleasecontact us at:
YZS LLC / DBA: JOES DOORS – GARAGE DOORSERVICES
1743 NE 142 st, North Miami, FL 33181
United States
Phone: 1-844-811-9929
office@joesdoors.com
