1. Your relationship with PlumbingServices.inHoustonMo.com
1.1 Welcome to PlumbingServices.inHoustonMo.com! Just a few ground rules governing the use of
PlumbingServices.inHoustonMo.com. Your use of PlumbingServices.inHoustonMo.com’s products, software, services and websites (referred to
collectively as the “Services” in this document and excluding any services provided to you by PlumbingServices.inHoustonMo.com
under a separate written agreement) is subject to the terms of a legal agreement between you and
PlumbingServices.inHoustonMo.com.
1.2 “PlumbingServices” means “PlumbingServices.inHoustonMo.com” or “PlumbingServices.inHoustonMo.com” or “we”
or “us” (collectively, “Service(s)”), and is owned by BizStax, LLC whose principal place of business is
at located at "P.O. Box 280, Alton, MO 65606 USA". This document explains how the agreement is made up, and sets out some of the
terms of that agreement.
1.3 Unless otherwise agreed in writing with PlumbingServices, your agreement with
PlumbingServices will always include, at a minimum, the terms and conditions set out in this document.
These are referred to below as the “Universal Terms”.
1.4 Your agreement with PlumbingServices will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the
“Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either
within, or through your use of, that Service.
1.5 The Universal Terms, together with the Additional Terms, form a legally binding agreement
between you and PlumbingServices in relation to your use of the Services. It is important that you take
the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.6 If there is any contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services
if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by
PlumbingServices in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that PlumbingServices will
treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to
form a binding contract with PlumbingServices, or (b) you are a person barred from receiving the
Services under the laws of the United States or other countries including the country in which you are resident or
from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your
records.
3. Language of the Terms
3.1 Where PlumbingServices has provided you with a translation of the English language
version of the Terms, then you agree that the translation is provided for your convenience only and that the English
language versions of the Terms will govern your relationship with PlumbingServices.
3.2 If there is any contradiction between what the English language version of the Terms says and
what a translation says, then the English language version shall take precedence.
4. Provision of the Services by PlumbingServices
4.1 PlumbingServices has subsidiaries and affiliated legal entities around the world
(“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf or in
place of PlumbingServices itself. You acknowledge and agree that Subsidiaries and Affiliates will be
entitled to provide the Services to you.
4.2 PlumbingServices is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of the Services which
PlumbingServices provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that
PlumbingServices may stop (permanently or temporarily) providing the Services (or any features within
the Services) to you or to users generally at PlumbingServices’s sole discretion, without prior notice
to you. You may stop using the Services at any time. You do not need to specifically inform
PlumbingServices when you stop using the Services.
4.4 You acknowledge and agree that if PlumbingServices disables access to your account,
you may be prevented from accessing the Services, your account details or any files or other content which is
contained in your account.
4.5 You acknowledge and agree that while PlumbingServices may not currently have set a
fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of
storage space used for the provision of any Service, such fixed upper limits may be set by
PlumbingServices at any time, at PlumbingServices’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself
(such as identification or contact details) as part of the registration process for the Service, or as part of your
continued use of the Services. You agree that any registration information you give to PlumbingServices
will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including
any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than
through the interface that is provided by PlumbingServices, unless you have been specifically allowed to
do so in a separate agreement with PlumbingServices. You specifically agree not to access (or attempt to
access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure
that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with
PlumbingServices, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the
Services for any purpose.
5.6 You agree that you are solely responsible for (and that PlumbingServices has no
responsibility to you or to any third party for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which PlumbingServices may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to PlumbingServices for
all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to
notify PlumbingServices immediately at:
7. Privacy and your personal information
7.1 For information about PlumbingServices’s data protection practices, please read
PlumbingServices’s privacy policy at:
7.2 You agree to the use of your data in accordance with PlumbingServices’s privacy
policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the person from which such content originated. All
such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not
limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsors or advertisers who provide that Content to
PlumbingServices (or by other persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have
been specifically told that you may do so by PlumbingServices or by the owners of that Content, in a
separate agreement.
8.3 PlumbingServices reserves the right (but shall have no obligation) to pre-screen,
review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services,
PlumbingServices may provide tools to filter out explicit sexual content. In addition, there are
commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find
offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that PlumbingServices has no
responsibility to you or to any third party for) any Content that you create, transmit or display while using the
Services and for the consequences of your actions (including any loss or damage which PlumbingServices
may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that PlumbingServices (or PlumbingServices’s
licensors) own all legal right, title and interest in and to the Services, including any intellectual property
rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services may contain information which is designated
confidential by PlumbingServices and that you shall not disclose such information without
PlumbingServices’s prior written consent.
9.2 Unless you have agreed otherwise in writing with PlumbingServices, nothing in the
Terms gives you a right to use any of PlumbingServices’s trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features or that of PlumbingServices‘s owners,
partners, affiliates, subsidiaries that might deal or do business with PlumbingServices or is in any way
affiliated with PlumbingServices.
9.3 If you have been given an explicit right to use any of these brand features in a separate
written agreement with PlumbingServices, then you agree that your use of such features shall be in
compliance with that agreement, any applicable provisions of the Terms, and PlumbingServices’s brand
feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, PlumbingServices
acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms
in or to any Content that you submit, post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have agreed otherwise in writing with
PlumbingServices, you agree that you are responsible for protecting and enforcing those rights and that
PlumbingServices has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trademark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by PlumbingServices,
you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company
or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
10. License from PlumbingServices
10.1 PlumbingServices gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by PlumbingServices as part of the Services as
provided to you by PlumbingServices (referred to as the “Software” below). This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as provided by PlumbingServices, in
the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof,
unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so
by PlumbingServices, in writing.
10.3 Unless PlumbingServices has given you specific written permission to do so, you
may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over
your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post
or display on or through, the Services. By submitting, posting or displaying the content you give
PlumbingServices a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which
you submit, post or display on or through, the Services. This license is for the sole purpose of enabling
PlumbingServices to display, distribute and promote the Services and may be revoked for certain Services
as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for PlumbingServices to make such
Content available to other companies, organizations or individuals with whom PlumbingServices has
relationships for the provision of syndicated services, and to use such Content in connection with the provision of
those services.
11.3 You understand that PlumbingServices, in performing the required technical steps
to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and
in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to
the technical requirements of connecting networks, devices, services or media. You agree that this license shall
permit PlumbingServices to take these actions.
11.4 You confirm and warrant to PlumbingServices that you have all the rights, power
and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time
from PlumbingServices. These updates are designed to improve, enhance and further develop the Services
and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree
to receive such updates (and permit PlumbingServices to deliver these to you) as part of your use of the
Services.
13. Ending your relationship with PlumbingServices
13.1 The Terms will continue to apply until terminated by either you or
PlumbingServices as set out below.
13.2 If you want to terminate your legal agreement with PlumbingServices, you may do so
by (a) notifying PlumbingServices at any time and (b) closing your accounts for all the Services
which you use, where PlumbingServices has made this option available to you. Your notice should be sent,
in writing, to PlumbingServices’s address which is set out at the beginning of these Terms.
13.3 PlumbingServices may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend
to, or are unable to comply with the provisions of the Terms); or
(B) PlumbingServices is required to do so by law (for example, where the provision of the Services to
you is, or becomes, unlawful); or
(C) the partner with whom PlumbingServices offered the Services to you has terminated its relationship
with PlumbingServices or ceased to offer the Services to you; or
(D) PlumbingServices is transitioning to no longer providing the Services to users in the country in
which you are resident or from which you use the service; or
(E) the provision of the Services to you by PlumbingServices is, in PlumbingServices’s
opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect PlumbingServices’s rights regarding provision
of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all the legal rights, obligations and liabilities that you
and PlumbingServices have benefited from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation,
and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities
indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT
PLUMBINGSERVICES.INHOUSTONMO.COM’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, PLUMBINGSERVICES.INHOUSTONMO.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO
NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE
CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PLUMBINGSERVICES.INHOUSTONMO.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 PLUMBINGSERVICES.INHOUSTONMO.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
PLUMBINGSERVICES.INHOUSTONMO.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH PLUMBINGSERVICES.INHOUSTONMO.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PLUMBINGSERVICES.INHOUSTONMO.COM WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON PLUMBINGSERVICES.INHOUSTONMO.COM’s LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL
APPLY WHETHER OR NOT PLUMBINGSERVICES.INHOUSTONMO.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
16. Copyright and trademark policies
16.1 It is PlumbingServices’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property law (including, in the United States,
the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
16.2 PlumbingServices operates a trademark complaints procedure in respect of
PlumbingServices’s advertising business.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and
promotions. These advertisements may be targeted to the content of information stored on the Services, queries made
through the Services or other information.
17.2 The manner, mode and extent of advertising by PlumbingServices on the Services are
subject to change without specific notice to you.
17.3 In consideration for PlumbingServices granting you access to and use of the
Services, you agree that PlumbingServices may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other websites or content or resources.
PlumbingServices may have no control over any websites or resources which are provided by companies or
persons other than PlumbingServices.
18.2 You acknowledge and agree that PlumbingServices is not responsible for the
availability of any such external sites or resources, and does not endorse any advertising, products or other
materials on or available from such websites or resources.
18.3 You acknowledge and agree that PlumbingServices is not liable for any loss or
damage which may be incurred by you as a result of the availability of those external sites or resources, or as a
result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or
other materials on, or available from, such websites or resources.
19. Changes to the Terms
19.1 PlumbingServices may make changes to the Universal Terms or Additional Terms from
time to time. When these changes are made, PlumbingServices will update this page and any new Additional
Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal
Terms or Additional Terms have changed, PlumbingServices will treat your use as acceptance of the
updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the
Services) use a service or download a piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to separate terms between you and the
company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or
individuals.
20.2 The Terms constitute the whole legal agreement between you and PlumbingServices
and govern your use of the Services (but excluding any services which PlumbingServices may provide to
you under a separate written agreement), and completely replace any prior agreements between you and
PlumbingServices in relation to the Services.
20.3 You agree that PlumbingServices may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if PlumbingServices does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which PlumbingServices has the benefit of under any
applicable law), this will not be taken to be a formal waiver of PlumbingServices’s rights and that
those rights or remedies will still be available to PlumbingServices.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest
of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which
PlumbingServices is the parent or subsidiary shall be third party beneficiaries to the Terms and that
such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers
a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party
beneficiaries to the Terms.
20.7 The Terms, and your relationship with PlumbingServices under the Terms, shall be
governed by the laws of the State of Missouri without regard to its conflict of laws provisions. You and
PlumbingServices agree to submit to the exclusive jurisdiction of the courts located within the county
of Oregon, Missouri to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that
PlumbingServices shall still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.