Effective Date: 10/2/2024

Terms Of Use

These Terms of Use govern your use of the https://gutterpro.com/  website (the “Site”) provided by Gutter Pro Enterprises (together with our affiliates, “Company,” “we” and “us”).  BY USING THE SITE YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE.  These Terms of Use, along with our Privacy Policy which is incorporated herein and made a part hereof, apply to anyone who visits, makes purchases from, or otherwise uses the Site.

UPDATES AND GUIDELINES

We may update these Terms of Use from time to time without notice to you.    When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time.  All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

USER ACCOUNTS, PASSWORD AND SECURITY

Certain portions of the Site may be available only to employees or other authorized users of the site, each of whom will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.]

USE OF THE SITE

By visiting, making purchases from, or otherwise using, the Site:

You represent that you are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or any other applicable law;

If you are using the Site on behalf of your employer, you represent that you are authorized to do so; and

You agree that if you register, you will: (a) provide true, accurate, current and complete information as prompted by the Site’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.

POSTING RULES

If this Site has areas where users may post content, you agree to abide by the following rules when posting material and content on the Site.

You are solely responsible for any statements that are posted using your account;

You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil or criminal liability;

You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate;

You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on the Site and the right to permit downloading of all such materials by other users for personal use;

Company reserves the right, but is not obligated, to remove or modify any material posted to the Site in violation of these Terms of Use.

If you encounter materials on the Site that you believe violate these terms, please contact us directly by clicking on this e-mail link: usercare@installed.net.

OTHER CONDUCT

You also agree to abide by the following rules for use of the Site.

You may not use the Site in such a manner as to violate any applicable law.

You may not use the Site or any hardware, software, or equipment of Company for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Company or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Company.

We reserve the right to modify any features of the Site at any time without advance notice. In the event Company terminates these Terms of Use for any reason, you remain liable for any fees incurred before such termination is effective. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE FOR ANYONE, FOR ANY REASON OR NO REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER USERS OF THE SITE, Company, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

CONTENT

We do not, and are not in a position to, review, investigate, or confirm the accuracy of information posted by users.  We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site.  Further, Company, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

LINKS TO OTHER SITES

The Site may contain links to other websites. Company has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services, or any forward-looking statements found there.

OWNERSHIP

All materials on the Site that are created or provided by Company, including text, graphics, logos, icons, and images, are the property of Company or its authorized content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Company and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of Company.  We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.  Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. ”IBP,” the IBP logo, and “Installed Building Products” are trademarks of Installed Building Products, Inc.  The other trademarks, service marks, and logos used on the Site are trademarks of Company or others.

CONTRIBUTIONS

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company through its suggestion or feedback web pages, via email, by posting on the Site, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Company shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Company without any obligation of Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company in connection with the Contributions under any circumstances.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

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.

Company’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o Installed Building Products

495 S. High St., Ste 150

Columbus, OH 43215

By phone: 614-221-3399

By email: copyright@installed.net

EQUITABLE RELIEF

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Company shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNLESS OTHERWISE SPECIFIED IN WRITING, ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE, AND, UNLESS OTHERWISE SPECIFIED IN WRITING, WITH RESPECT TO ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE.  COMPANY MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.  No information or advice obtained through the Site shall constitute a warranty unless expressly designated in writing as such.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Company assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL COMPANY’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO COMPANY FOR ANY PURCHASE MADE THROUGH THE SITE THAT GAVE RISE TO SUCH LIABILITY, OR, IF NO PURCHASE WAS MADE, ONE HUNDRED DOLLARS ($100).  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

Company shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Company’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FOR (a) BREACH OF ANY WARRANTY OR ANY OTHER CONTRACTUAL OBLIGATION IMPOSED ON COMPANY IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY THIRD PARTY; OR (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  FOR EXAMPLE, THE LAW OF CERTAIN JURISDICTIONS (E.G., NEW JERSEY, AMONG OTHERS) MAY NOT ALLOW THE DISCLAIMER OF DAMAGES FOR COMPANY’S NEGLIGENCE.  ACCORDINGLY, TO THAT EXTENT THE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold harmless Company, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of the Terms of Use or failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW

These Terms of Use shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles.   Subject to the “Equitable Relief” provision of these Terms of Use, jurisdiction and venue of any action related to these Terms of Use shall rest in the Ohio state courts and the United States federal courts sitting in Cuyahoga County, Ohio, and you agree to submit to the personal jurisdiction of these courts and waive any objection to venue therein.

GENERAL PROVISIONS

All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of Company.  These Terms of Use are not assignable by you without Company’s prior written consent.  The waiver by Company of any breach or default shall not be deemed to be a waiver of any later breach or default.  The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time.  If any provision or portion of these Terms of Use are held to be invalid or unenforceable, the other provisions and portions shall not be affected.  The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

       Gutter Pro Enterprises

99 Derby St

Hingham, MA 02043