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This is complete information about terms & conditions for usage of our products, services, and content, and as used in this policy as Company (“us”, “we”, or “our”) operating this website.
We value your presence at our site. These terms and conditions oversee your practice on this website. Using this website implies that you accept these terms and conditions from top to bottom. And, you must not use this website, if you wholly or partly disagree with any of these terms and conditions.
Through the website, we can deliver you overall info and stats concerning to our company, its services, and products. We reserve the right to modify or change these terms and conditions at any time. Therefore, whenever you visit our website, you must agree to the renovated terms and conditions.
We hereby also clarify that the complete rights of the product development, ownership, planning & implementation of website belong to our Company. We sell the product to our direct customers as well as to retail partners through agents and resellers who are selling it to a vast audience worldwide. We’re clearly specifying here that your data will also be accessible to our retail partner as and when we decide for it. Our retail partners also help us in payment, receipts & all monetary transactions.
This website uses cookies. By using our website and agreeing to its terms and conditions, you consent to our website’s use of cookies in accordance with the terms and conditions of our Privacy & Cookies Policy
Terms of Use
Authorization to use the Website
Unless otherwise stated, the Company and its licensors/Partners own the intellectual property rights in the website and material on the website. Subject to the license given below, all these intellectual property rights are saved.
You have permission to use the website, its information, writings, images, and other content that you experience on the website only if you are using it for –
Prohibition to use the Website
A few exclusions are also cited in the company’s terms and conditions. While using the website contents, you must assure that you will not –
Restricted Access
Access to certain areas of this website is restricted. the Company reserves the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. the Company also reserves the right to disable your user ID and password in its sole discretion without notice or explanation.
User content
Your ‘User Content’ includes comments, text, images, audio, video, audio-visual etc. that you submit to this website, for any of the purpose. When you post a user content, you do it with a guarantee that you own each of them and you have the right to post them on the website.
Your user content should not be illegal, should not invade any third party’s legal rights, and should not be capable of giving rise to legal action whether against you or the Company or any third party.
You must not submit any user content to the website that is or has ever been the subject of any threat or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to this website, stored on the servers, hosted or published upon this website that violates the terms and conditions.
After posting your content, you still have complete ownership upon it, but you make an agreement to share and use your content by other users. After getting posted by you on our website, your content becomes public and we are not responsible for not keeping that confidential. So, if you don’t want your content to become public, don’t post that on the website. And, we can also share your content with third parties if we find it necessary to be shared with others.
No warranties
This website is provided “as is” without any depictions or warranties, express or implied. the Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that: This website will be constantly available, or available at all, or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes advice of any kind. If you need advice in relation to any legal, financial or medical stuff, you must consult an appropriate professional.
Limitations of liability
We’ll not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in linked with, this site-
To the extent that the website is delivered free-of-charge, for any direct loss, for any indirect, special or consequential loss, for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These boundaries of liability apply even if the Company has been expressly advised of the potential loss.
Exceptions
In this website disclaimer there is nothing that will exclude or limit any warranty implied by law that it would be illegal to exclude or limit, and nothing in this website disclaimer will exclude or limit the liability in respect of any-
Death or personal injury caused by our negligence. Fraud or fraudulent misrepresentation on the part of the Company or matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this site, you concur that the prohibitions and confinements of liability set out in this site disclaimer are sensible.
In case you don’t think they are sensible, you should not use this site.
Other parties
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our management, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.
In case any provision of this website disclaimer is unenforceable under valid law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our management, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.
In case any provision of this website disclaimer is unenforceable under valid law, that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these terms and conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we estimate appropriate to deal with the breach, including suspending your access to the website, banning you from using the website, blocking computers using your IP address from accessing the website, speaking to your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the utilization of this site from the date of the distribution of the amended terms and conditions on this site. Kindly check this page consistently to guarantee you know about the present version.
Assignment
The Company may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
In case a provision of these terms and conditions is controlled by any court or other competent authority to be unlawful as well as unenforceable, different provisions will proceed in effect. In case any unlawful as well as unenforceable provision would be legal or enforceable if some portion of it were erased, that part will be esteemed to be erased, and the remainder of the provision will proceed as a result.
Entire Agreement
These terms and conditions together with documents constitute the entire agreement between you and the Company in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the concerned Governing Law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Albany County, New York, USA.
These above-stated terms and conditions along with our privacy policies form an agreement between you and the Company. If any of the terms and conditions or any part of these terms and conditions is proved invalid by any authoritative court, it will not apply. But the remaining terms will be effective.
We will not be responsible for you if there comes any delay in commitments made by us due to factors like strike, war, terrorist activity, riot, natural disaster, Telecommunications service or data network failure, license refusal by Government agencies etc.
Terms of Service
These Terms of Service designate the contract between you and the organization. It elaborates on the essentials of the business relationship between us starting from the services we provide to the manner we work collectively.
You may find the language of this document somewhat technical as it is a legal document, but we have tried our best to make it straightforward and easily readable. These terms of services are crucial to be understood and agreed to by you because without your agreement we won’t be able to provide you with our promotional products and services. As you receive the Subscription or Consulting Services, it means you are in accord with these terms of service.
These terms of service are rationalized from time to time. You will get to know the updated info through email or notification, only if you possess an active subscription to the Company. Here we start the terms of service with the agreement schedule.
Definitions
Here are the details of key defined terms used in the agreement.\
Access: Permit to use the subscription services as explained in the agreement.
Additional Features: If you request an additional order, you will be able to get some additional features of the subscription service.
Affiliate: An entity having ownership of more than 50% of voting securities.
AUP: Acceptable Use Policy.
Availability: Duration of getting the subscription services available. Our service availability will be for 24 hours for all days. There can be exceptions in case of scheduled or immediate maintenance or downtime.
Billing Period: The period for which you are entitled to prepay fees under an Order Form.
Contractor: Sovereign consultant, who is not an opponent of the Company.
Communication Services: Online Communities, blogs, forums, social media channels like Facebook, Twitter, LinkedIn etc.
Confidential Information: Information (oral or written) provided by the discloser to the receiver does not become public
Contact: Individual whose contact information (name, online username, phone number, email address etc.) is stored by you in the subscription services.
Consulting Services: : Services provided by us including training, installation, integration etc.
Crowdsourced Data: Information submitted by you to update data in our database.
Customer Data: Data submitted by or on the behalf of the customer to the services.
Customer Properties: Through which customer uses the Services to communicate with People.
Dashboard: The user Interface of the Company by which customer can access the services through web or mobile app.
Documentation: Technical user documentation delivered with services.
Email Send Limit: Number of E-mail you can send in a month.
Enrichment Data: Data that we give you in the form of Subscription Service and Crowdsourced Data.
Feedback: Your comments, questions, suggestions etc. regarding the products and services.
Free Services: Services provided by us on trial (free) basis.
Laws: Includes all laws i.e. local, state, federal, international etc. regarding data privacy and data transfer.
Maximum Contacts: Total number of contacts you are allowed to use with the subscription service.
Order Form: Order Form: Online subscription process by us. These orders are completed through online payment.
People: Potential Customers, end users of customers, visitors of the website.
Permitted User: : Authorized employee or its affiliate
The Company Content: Complete info, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we include into our Subscription or Consulting Services.
The Company App: Mobile app or desktop software that is made available by us.
The Company Code: JavaScript code, software development kits (SDKs) provided by the Company for the positioning on Customer Properties.
Sensitive Information: Credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers; driver’s license numbers, passwords, physical or mental health condition etc.
Subscription Fee: Amount payable for subscription services.
Subscription Service: Web tools, applications and platforms that you subscribe through an order form.
Subscription Term: Initial term of the subscription you have made.
Taxes: Sales, GST, value added, domestic or foreign levies or taxes.
Third Party Products: Product and services provided by third parties that is used with subscription services.
Third Party Sites: Third party websites linked within the subscription services.
Our Services
Service Provision: Services will be provided based on subscription made by the customer for a predetermined term (subscription term mentioned in the order form).
Service Access: The customer can use the services and products for its own benefits as per the terms and conditions stated in the agreement.
API Keys and Passwords: If customers are provided with API’s and passwords, they need to keep them confidential. Only the customers will be responsible for the activities permed using their user ID and passwords. The usage of the APIs is monitored by the organization.
Trial Subscription: If customers get free access to the services, they can use them for a certain period given by us. These subscriptions are offered so that the customer can decide whether they should opt for the paid version or not. Trial subscription may not include all the features of the product or services as it is a limited version. If customers do not go for the paid version the subscription will end as per the trial period.
Fees and Payments
The fees and payment section for transactions will be handled by Company only. There will be no third party responsible for it and all decisions and amendments will be taken care of by the Company itself.
Subscription Fees: The subscription fee remains unchanged during the complete subscription term. It will change in case you exceed your maximum contact limit, email limit, user and application limit, upgrade your services, subscribe to additional features etc.
Credit Card Payment: While making payment through credit card, make sure you are permitting us to use your credit card for all payable fees during the subscription term.
Payment Information: You must keep your contact, billing and credit card information updated. If there is any change, make sure you update the same in the billing page within your account.
Termination/Renewal & Refund Policy
Term and Renewal: The initial subscription period for your product/services will be mentioned in your subscription order. Your subscription will automatically be renewed for the pre-decided term. And, if you want to cancel the subscription, you must provide within the obligatory timeline as stated in the subscription order form.
No Premature Termination: Your subscription term will not end before the date mentioned in the order form for expiration. And, there will not be any refund if you want to end the subscription before the subscription term.
Termination of Free Services: the Company keeps the right to limit or suspend the trial subscription or free services at any time without giving you any information.
30 Day Refund Policy: If you are subscribed for any of our services, you have 30 days to try it & ask for refund if not satisfied. If you utilise our services for more than 30 days, we are not liable to pay full or partial refund for the services you consumed.
Limited Warranty
For the customers benefit, we assure you that the services will be effective along with the proper documentation. All services and professional services are provided “as is”. neither the Company nor its suppliers make any other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a purpose or noninfringement.
The Company does not warrant that customer’s use of the services will be uninterrupted or error-free, nor does the Company warrants that it will review the customer data for accuracy or that it will preserve or maintain the customer data without loss or corruption.
Except for excluded claims (defined below), neither party (nor its suppliers) shall have any liability arising out of or related to this agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of the possibility of such damages in advance.
Indemnification
We assure that we will protect our customer against any false claim by third party and indemnify the customers against any damages on the basis of the following.
We assure that we will protect our customer against any false claim by third party and indemnify the customers against any damages on the basis of the following.
To protect and defend the rights or property of the Company
The exclusive right to control and direct the investigation, defense and settlement (if applicable) of such claim.
All reasonably necessary cooperation of the Customer
Downgrades and Modifications
There might not be any need of downgrading your subscription, but if you want to avoid extra charges, you need to purchase a suitable level of subscription service as per your necessities
To limit the subscription, you can downgrade them when you go for renewal for the subscription.
The subscription service is modified from time to time. Changes are in the form of deletion or addition of some features. The functionality of the full-service subscriptions is not changed but in the limited-time/free subscription, there might be some changes regarding the features or functionality.
Customer Data & Support
If you have paid the complete fee for the full-time subscription, you can temporarily retrieve the subscription services or get copies of the services by making a written request within 30 days of the subscription expiry. You can be asked for a re-activation fee by us. But after 30 days, we won’t be able to provide you the Customer Data.
Our email, phone, and in-app support will always be available for you only if have availed a subscription for our Professional/ Enterprise products. Call support will be available 24*7. And, you can send emails and other queries by following the contact details at the bottom of this policy. the responses will be provided during the call support answers only. Your answers to queries will generally be provided on the next working day.
Your access to the subscription could be banned if we found you have acted as misusing the subscription or abusing our representatives.
Non-Renewal Notice
According to our terms and policy, your subscription will be renewed automatically. To cease the According to our terms and policy, your subscription will be renewed automatically. To cease the renewal, you must provide us with non-renewal notice in writing within 10 days before ending the subscription.
If you also wish to discontinue the free subscription term, you can close your account.
Confidential Information
The receiving party will agree-
The receiving party will agree-
There will not be any usage of the Confidential Information for any purpose other than what is mentioned in the Agreement.
It’s not going to reveal Confidential Information to third parties except our third-party service providers.
Access to the Confidential Information will be limited to its employees, contractors, advisors and agents.
Anti-Spam Policy
This information Is about spam policy we follow for our website and Company So Please read it carefully.
If you are using our services for spreading bulk emails, spreading/sharing content/documents using our system, or running any marketing campaigns using any of our services, you must read and follow this Anti-spam Policy.
About Spam
For different organizations, the definition of spam is also different. Here are some examples of spam, which we consider under Spamming –
To send out any irrelevant content.
To post unrelated links to your website.
A mail sent to an invalid email address that doesn’t exit.
Mail sent to an email address without a domain name.
Any message that contains false information.
Content that introduces viruses, and harmful code on the internet.
If your IP address was used by somebody for spam & you are using that IP address to send an email, then that message is called spam.
These aren’t the only thing we might consider spam.
The website owner doesn’t allow another party to utilize its services for getting any details of its customers or subscribers. Also, nobody
Anti-spam rules:
Anti-spam policy warns that spam-filtering technologies will be used by our screen to filter out the spam messages. This policy includes a brief discussion on user-created spam.
Your obedience to this anti-spam policy helps us to ensure that you will give us the best email deliverability, and we will assure you to provide highly satisfied services.
This policy is applicable for all our services that are used to send bulk messages, content sharing & storage & marketing automation, then each message or content should contain a legal name of authorizing party with a legal business registered number.
This policy does not allow sending emails to this website or through this website. Violation of the policy may result in civil, criminal, or administrative penalties against the sender and those who were assisting the sender.
Anytime we can ask you to prove that you have permission to send emails to those email addresses that you have imported from our services.
This policy helps you to define spam as you must know what will happen if you use the service of spamming. If you use our services, you must have knowledge about our Anti-Spam policy, and you must agree with all the terms and conditions.
If any unauthorized use is found by any individual, the website owner can take action against him in the form of blocking his IP address or terminating his/ her account without prior notice on any service which it determines.
If we find out that you are using spamming, with your account, we can take the following actions-
If you cause any obstruction to the services of our other customers, then we can recover the penalty.
If you are using our services, it signifies that you are accepting this Anti-Spam Policy. It’s also implied that you are aware of this Anti-spam policy, and any changes made must be clear to you through the process of regular checking.
Other General Terms
Assignment: No party can assign the agreement without the written consent of the other party. It can be done in the case of a merger, reorganization, acquisition, transfers etc. If any party transfer or assign the agreement without authorized consent, it will be declared null and void.
Severability: If any of the agreements is declared invalid by an authorized court, the provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
Dispute Resolution/Arbitration: In the case of dispute, claim or disagreement, the parties shall first try to solve the dispute on their own. The complaining party should provide a written notice to the other party as “Initial Notice of Dispute”.
As per the notice, both parties will consult each other, in order to reach a solution.
Within 30 days of the receipt of the initial notice of dispute. If they are unable to do so, it will be resolved through the laws of New York, USA.
All legal issues are subject to the jurisdiction of Albany County, Albany New York, USA.
If you have any queries regarding this Terms and Conditions, please contact us by visiting this page on our website or
houstonexteriorcontractors.com
Or Email privacy [-AT-] houstonexteriorcontractors.com