Overview
Please carefully review the following Terms and Conditions for Use of this website (“Terms and Conditions”). In these Terms and Conditions, “we”, “us”, “our”, “Damage Clean Up 911” and “DCU911” all refer to Damage Clean Up 911, LLC and its affiliates. By using this and affiliated websites, you agree to these Terms and Conditions. If you don’t agree to all of these Terms and Conditions of use, please don’t use www.boxngo.com. By accessing this Web site (www.dcu911.com) and the online services offered, you agree to the following Terms of Conditions. If you do not agree to these Terms and Conditions, do not access this Web site. Damage Clean Up 911, LLC reserves the right to change these Terms and Conditions, and your continued use of this Web site constitutes agreement to all such changes. Additionally, you’re encouraged to review our Privacy Policy.
Use of Information on this Website
The information contained in this website is not intended to provide any specific legal, accounting, financial, or tax advice to individuals or entities, and shouldn’t be relied on or used for any such purposes. Downloading, printing, or copying from this website must be for noncommercial, personal use only.
Links are Not Endorsements
This Web site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Damage Clean Up 911 of any information contained in any third-party Web site. Please note that once you leave this website, Damage Clean Up 911 accepts no responsibility for the content, products, services, or privacy policies of non-Damage Clean Up 911 websites. Links to other websites or references to products, services, or publications other than those of Damage Clean Up 911 don’t imply the endorsement or approval of such websites, products, services or publications by Damage Clean Up 911. In no event shall Damage Clean Up 911 be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of this Web site.
User Contributions
The Website may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Unless specifically requested by Damage Clean Up 911, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers.
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content.
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content.
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law. Viruses, spyware, Trojan horses or any other harmful, disruptive or destructive files.
h. User Content that, in the sole judgment of Damage Clean Up 911, is objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of Damage Clean Up 911, other users or third parties.
Damage Clean Up 911 does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Damage Clean Up 911 liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Website and agree to use the interactive areas at your own risk.
Accuracy and Changes
Facts and information on this website are believed to be complete and up to date. Damage Clean Up 911 reserves the right to modify the information on this website at any time without notice. Any such modification will be effective immediately upon posting and your continued use of this website will mean that you accept these changes.
Severability and Conflicts with other Terms
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable for any reason, in whole or in part, then that provision will be severable from these Terms and Conditions and won’t affect the validity or enforce ability of the remaining provisions. Conflicts between these Terms and Conditions and the specific terms and conditions of any other agreements relating to your Damage Clean Up 911 accounts, products and services, will be controlled by the specific terms and conditions of the other agreements relating to your Damage Clean Up 911 accounts, products and services.
Proprietary Rights
All right, title and interest in this Web site and any content contained herein is the exclusive property of Damage Clean Up 911, except as otherwise stated. Unless otherwise specified, this Web site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Damage Clean Up 911’s prior written approval. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Copyright/Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Damage Clean Up 911 and other parties. Unless otherwise specified, the content of this website including, but not limited to, text, graphics, logos, buttons, images, data compilations, icons, and code, is the property of Damage Clean Up 911 and/or its affiliates, and is protected by United States and international copyright laws. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Damage Clean Up 911 or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Governing Law, Jurisdiction, Waiver of Jury Trial
These Terms and Conditions constitute a contract made under and governed by and construed in accordance with the laws of the State of California. You agree that the federal court of the state of California, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and Damage Clean Up 911 (and/or its members, managers, officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from these Terms and Conditions, or any other document executed and delivered in connection with these Terms and Conditions, the use of www.boxngo.com or the online services offered by Damage Clean Up 911. If the federal court lacks subject matter jurisdiction, any state court located in Los Angeles, California, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and we each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of this website will be resolved either through arbitration or in the courts.
Disclaimer of Warranties
This website is provided by Damage Clean Up 911 on an “as is” and “as available” basis. Damage Clean Up 911 makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. Damage Clean Up 911 does not guarantee or warrant the accuracy of information contained on this website or that access to this website will be uninterrupted. To the full extent permissible by applicable law, Damage Clean Up 911 disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Damage Clean Up 911 will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources, we believe to be reliable, Damage Clean Up 911 cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Damage Clean Up 911, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Damage Clean Up 911 or of any vendor providing software or services. In no event will Damage Clean Up 911 or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if Damage Clean Up 911 or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone, or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Damage Clean Up 911 cannot and does not guarantee continuous, uninterrupted, or secure access to the Web site.
Telephone Call Monitoring and Recording
Authorized employees or agents of Damage Clean Up 911 may monitor and record all or portions of your telephone calls to Damage Clean Up 911 for quality control, Customer service, employee training, security, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
Liability and Restricted Access
Damage Clean Up 911 is not liable for any direct, indirect or consequential loss, damage or inconvenience arising out of your use of this website. Damage Clean Up 911 reserves the right to cancel or restrict your access to this website without notice to you. Damage Clean Up 911 is not responsible for damages suffered by you or any inconvenience caused directly or indirectly by our termination of your access to this website.
Indemnity
You agree to indemnify, defend and hold harmless Damage Clean Up 911, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.
Copyright
Damage Clean Up 911 respects the intellectual property of others, and we ask our users to do the same. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Damage Clean Up 911 Agent for Notice with the following information in English (your “Notice”): Note: If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, ‘trademark’).
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Yahoo! site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Damage Clean Up 911’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent c/o Damage Clean Up 911, LLC P.O. Box 911065, Los Angeles, CA 90091. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.