Terms and Conditions
AGREEMENT TO TERMS AND CONDITIONS OF WEBSITE USE
By entering and using the Garcia Grotto website, the person (“User”) agrees to be bound by the terms and conditions set forth in this agreement (“Agreement”) between User and Garcia Grotto a West Virginia business (“Company”). Company grants User a limited, revocable, non-exclusive license to access the Site to, as applicable, Garcia Grotto and/or research, view or make legitimate inquiries to Garcia Grotto regarding Garcia Grotto, all in accordance with this Agreement. Any other use of the web site (“Site”) is expressly prohibited.
By accessing, browsing and/or otherwise using this Site, the User acknowledges that they have read, understood and agree to be bound by these terms and conditions of this Agreement, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. If a User breaches any of these terms and conditions, authorization to use this Site automatically terminates and any downloaded or printed materials must be destroyed and use of any hyperlinks to this Site discontinued.
1. SERVICES AND TRANSACTIONS
The Site acts as a venue to allow each User or their designee or agent (“Owner”) to offer Garcia Grotto (each, a “Owner” may be collectively referred to herein with Owners as “Users”) potential Services (all woodworking and handyman services which are offered are or requested to be performed are referred to as “Services”) to be performed for monetary consideration. The quality, safety or legality of the Services requested, the truth or accuracy of the listings (including the content thereof or any review), are solely the responsibility of the Users. Owner’s will explicitly be prohibited from requested Services which are not Services but are considered Contractor, Electrical, Plumbing, and Services whose aggregate monetary transaction value exceeds $1000. The ability of Owners to Garcia Grotto or the ability of Users to pay for Services and all terms and conditions of the Contract, including payment therefore, are to be completed solely between the Owner and Garcia Grotto, as negotiated for each individual Service.
Owners are fully responsible for paying to the Garcia Grotto all rents, costs, fees and other amounts owed in connection with the Services. If your selected payment method is
3. IDENTITY VERIFICATION
User verification on the Internet is difficult and Garcia Grotto cannot and does not confirm each User’s purported identity. Garcia Grotto encourages Owners to communicate directly with Garcia Grotto through the tools available on the Site or other communication or verification mediums. All listings on the Site are submitted by the Owner and are the responsibility of the Owner , and Garcia Grotto specifically disclaims any and all liability arising from the alleged accuracy of the listings, listing specifications, advertisements, property reviews, guest book entries, or any alleged breaches of contract on an Owner’s part. An Owner, by accepting these Terms and paying to list on the Site, agrees to indemnify and hold the Site and Garcia Grotto (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the advertisement and rental.
4. USE RESTRICTIONS
Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are materials of Company by Garcia Grotto or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided the User does not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. A User may not, however, distribute, copy, reproduce, display, republish, download, modify or transmit or make any derivative works of any material on this Site for commercial use without prior written approval of Company. A User may not “mirror” any material contained on this Site on any other server without prior written permission from Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Company or are displayed under license. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
Hyperlinks. A User is granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as convenience. If User accesses these links, User will leave this Site. Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If User decides to access any of the third party sites linked to this site, User does so entirely at
your own risk. User acknowledges and agrees that Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Limited Access. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. User agrees they will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Company’ prior, express, and written permission. User will not spam or send unsolicited e-mail to any other user of the Site for any reason. User agrees that will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. User agrees that they will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
Additional Use Restrictions. User shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by Company (the “Services”) or use the Services in a manner which: (i) violates or promotes the violation of any local, state, federal or non-United States law or regulation, including criminal activities (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates or infringes the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed. If a User is unsure of whether any contemplated use or action is permitted, they shall contact the Company at firstname.lastname@example.org .
6. DISCLAIMER WARRANTY
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE, OF THE AVAILABILITY, CONDITION OR ACCURACY OF THE DESCRIPTION OF OR ANY INFORMATION RELATED TO ANY LISTED PROPERTY OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE LISTED PROPERTY MAY NOT CONFORM TO ITS DESCRIPTIONS. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS,
PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PROPERTY OWNERS, MANAGERS AND AGENTS, CONTENT PROVIDERS, EMPLOYESS, AGENTS, OFFICERS, MANAGERS OR OTHER THIRD PARTIES MENTIONED AT, IN OR ASSOCIATED WITH THIS
SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED
TO THIS SITE, HE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS AND RELATED DAMAGES AND LOSSES RELATED TO FRAUDULENT LISTING OR RENTING OF
PROPERTY; CONDITION AND MAINTENANCE OF LISTED PROPERTY, UNAVAILABILITY OF LISTED PROPERTY AND FAILURE OF LISTED PROPERTY TO CONFORM TO ITS DESCRIPTIONS.
10. APPLICABLE LAWS & MISCELLANEOUS
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF WEST VIRGINIA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE
SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN WOOD COUNTY, WEST VIRGINIA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF WEST VIRGINIA.