Terms of Service - studscleaningcrud.com

1. Agreement to Terms

A. Agreement Overview

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”) and Studs Cleaning Crud LLC (“Studs Cleaning Crud LLC“, “we”, “us”, “Our Company”, or “our”), concerning your access to and use of the https://studscleaningcrud.com/ website as well as our submission forms, any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

B. Other Definitions:

Submission Forms (“submission forms”, “Submission Forms”): refers collectively to any form you fill out with personal information.

Paid Client Home Services (“Paid Client Home Services”): refers to when you pay us to perform various home services on your property, including but not limited to gutter cleaning and lawn care.

C. Right to Change Terms of Service

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. Refer to the final section titled “Terms of Service Last Updated” to see the month and year the Terms of Service was last updated. You waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

D. Jurisdictions Terms of Service Applies

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

E. Minimum Age to Access the Site

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Intellectual Property Rights

A. Our Property

Except in the case of using third-party websites, software, plugins, source code or widgets, the Site is our proprietary property and all 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.

Except as expressly provided in these Terms of Service, no part of the Site and 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 purpose whatsoever, without our express prior written permission.

The Content includes any content in our submission forms and any applicable terms & conditions embedded in such forms that are hosted on Third-Party Websites, such as JotForm. These submission forms are not allowed to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, shared, translated, transmitted, or distributed in any way. They contain confidential information and are intended for your eyes only.

B. Limited License in Connection with the Site

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site. We reserve all rights not expressly granted to you in and to the Site.

3. User Representations

By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).

4. Content on our Site

Except in the case you have entered into a legally binding agreement(s) with any of our Paid Client Home Services by signing the applicable submission forms, the following apply to the Content on our Site:

The Content is provided for general information purposes only and does not constitute professional advice on how to care for your property.
You acknowledge and agree that we cannot guarantee that all information presented on the Site is up to date. It is your responsibility to exercise good judgment and, if necessary, seek further professional advice through the Paid Client Home Services of Our Company or other companies.
You acknowledge and agree that we cannot guarantee complete coverage of every single relevant scenario related to the home services we offer on our Site. Your individual property may require specific needs, which is why our Paid Client Home Services is the only way to guarantee your home is taken care of properly.
You agree there is no business relationship formed between you and us as a result of reviewing the Content on our Site. You agree that filling out our referral forms and/or free quote forms and/or calling and/or emailing us about any home service(s) is a step towards a potential business relationship, but not guaranteed. You agree that a business relationship is only formed when you use our Paid Client Home Services.

5. Prohibited Activities

A. Use of our Site

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of the Site
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 harm another person.
Make improper use of our services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’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 send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Make any unauthorized use of the Site, including collecting email addresses by electronic or other means for the purpose of sending unsolicited email
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.

B. Use of Our Submission Forms

When you fill out our submission forms you agree that:

The information you provide is not false, inaccurate, or misleading.
The information you provide is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The information you provide is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
The information you provide does not ridicule, mock, disparage, intimidate, or abuse anyone.
The information you provide does not harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
The information you provide does not violate any applicable law, regulation, or rule.
The information you provide does not violate the privacy or publicity rights of any third party.
The information you provide does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
The information you provide does not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
You do not share, privately or publicly any of our submission forms hosted on Third-Party Websites – refer to the section titled “Intellectual Property Rights”, specifically section A. “Our Property”.

C. Engaging in Prohibited Activities

Any use of the Site in violation of the foregoing (section 5A and 5B) violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.

6. Third-Party Websites, Partners, and Content

A. Defining Third-Party Websites

Our Site may contain links to third-party websites (collectively, “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 third parties (“Third-Party Content”). Included in the definition of Third-Party Websites are companies we partner with (“Third-Party Partners”) to provide you with a wider range of services Our Company does not offer.

B. Risks of Accessing Third-Party Websites

The following applies to Third-Party Content and Third-Party Websites:

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy policy practices, or other policies contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites or through Third-Party Providers will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses, including financial losses sustained by you, harm caused to you, or damage to your property relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites, including Third-Party Providers.

C. Exceptions to Section 6A and 6B

There are exceptions to the above provisions (Section 6A and 6B), but such exceptions only apply to the Content we host on Third-Party Websites in the following scenarios:

submission forms featuring our Content, but hosted on a Third-Party Website such as JotForm
links to official social media accounts we own

We are responsible for the Content included in the foregoing, as well as the accuracy of the Content. However, the rest of the above provisions (Sections 6A and 6B) shall apply, including but not limited to, our lack of control over the privacy policy and terms of service of such Third-Party Websites hosting our Content.

7. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your access to our Site; (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. Privacy Policy

We care about data privacy and security. Click the following link to view our Privacy Policy page:

Privacy Policy

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

9. Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at the following email: help –at– studscleaningcrud.com . Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a lawyer.

10. Terms and Termination of Using Our Site

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE WITHOUT WARNING, IN OUR SOLE DISCRETION. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Modifications and Interruptions to our Site

A. Right to Change the Site

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. 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 experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

B. Exceptions to Section 11A

There are exceptions to Section 11A, but such exceptions only apply regarding our ability to change, modify, or remove the contents of the Site at any time in the following scenarios:

In the case you have entered into a legally binding agreement(s) with any of our Paid Client Home Services by signing the applicable submission form(s), we do not reserve the right to change or modify such term & conditions contained within the legally binding agreement(s), unless such changes are allowed under the applicable terms & conditions. Please refer to the applicable terms & conditions of such legally binding agreement(s).

However, the rest of the provisions of section 11A shall apply, including but not limited to the fact that we cannot guarantee the Site will be available at all times, and we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site. Please be aware some of these submission form(s) may be hosted on Third-Party Websites and/or software, and such third parties may perform routine maintenance or experience interruptions, delays, or errors.

12. Dispute Resolution

A. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

B. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

C. Exceptions to Sections 12A and 12B

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the state or federal courts of Illinois. The Parties agree to submit to the personal jurisdiction of that court and that the law of the State of Illinois will govern any such Dispute.

13. Disclaimer

A. Accuracy of the Site

You understand and agree that our provision of information on the Site regarding home services does not constitute or replace professional advice on how to care for your property, or act as a substitute for our Paid Client Home Services and is only provided to you for information purposes. You agree that the use of the Site will be at your sole risk. We make no warranties or representations about the accuracy or completeness of the Site’s Content and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of Content and materials on the Site, (2) Personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site.

B. Site Access

We make no warranties or representations regarding (1) Any unauthorized access to or use of the personal information and/or financial information we store with secure third-party solutions, (2) Any interruption or cessation of transmission to or from our Site, (3) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third-party.

C. Third-Party Websites and Third-Party Partners

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party companies, including our Third-Party Partners selling products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

D. Exceptions

In the case you have entered into a legally binding agreement(s) with any of our Paid Client Home Services by signing the applicable submission form(s), Sections 13A, 13B, and 13C may or may not apply. Please refer to the following for further clarity:

Exceptions to 13A – Read Section 4, 6C, 11B
Exceptions to 13B – Read Section 6C, 11B
Exceptions to 13C – Read Section 6C

14. Limitations of Liability

A. Our Liability

In no event will we or our directors, employees, or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including property damage, damage to the lawn or any foliage on your property, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Please use our Paid Client Home Services if you want your home or lawn properly cared for.

B. Exceptions to 14A

There are exceptions to Section 14A, but such exceptions only apply in the following scenarios:

In the case you have entered into a legally binding agreement(s) with any of our Paid Client Home Services by signing the applicable submission form(s), terms & conditions governing the Limitations of Liability for those legally binding agreement(s) are different, and are outlined in the applicable documents. Please refer to the applicable terms & conditions of such legally binding agreement(s). Section 14A and these Terms of Service are outlining your use of the media channel(s) related to Our Company.

15. Indemnification

A. Indemnification Provisions

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) Your use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

B. Exceptions to 15A

There are exceptions to Section 15A, but such exceptions only apply in the following scenarios:

In the case you have entered into a legally binding agreement(s) with any of our Paid Client Home Services by signing the applicable submission form(s), terms & conditions governing the Indemnification for those legally binding agreement(s) are different, and are outlined in the applicable documents. Please refer to the applicable terms & conditions of such legally binding agreement(s). Section 15A and these Terms of Service are outlining your use of the media channel(s) related to Our Company.

16. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

17. Contact Us About Terms of Service or Privacy Policy

Email us at help –at– studscleaningcrud.com if you would like to resolve a complaint regarding the Site or have questions about our Terms of Service or Privacy Policy.

18. Terms of Service Last Updated

January 2024