Qumpus, Inc., d/b/a BEACHPLUMBINGPROS (collectively referred to herein as “BEACHPLUMBINGPROS”, “we”, “our”, or “us) recognizes the importance of protecting personal data we may collect from visitors and users and any other individual or entity (“Users”, “you”, or “your”) who visit our web sites or use our Engine and Marketing Services. This Privacy Policy applies to data collection by BEACHPLUMBINGPROS and shall apply to your use of the website, beachplumbingpros.com, www.BEACHPLUMBINGPROS.co.uk, and other BEACHPLUMBINGPROS- related sites, applications, software, communications, capabilities and services (“Services”) accessible on or by any top-level BEACHPLUMBINGPROS domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy.
Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; and (5) the choices we offer, including how to access and delete information.
Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites.
If you have any questions or comments about this Privacy Policy, please submit a request to [email protected] .
When this Privacy Policy Applies
Our Privacy Policy applies to all of the services offered by BEACHPLUMBINGPROS and its affiliates and services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.
Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
Website Terms of Use
By accessing or using the Sites in any manner, you also agree to be bound by BEACHPLUMBINGPROS’ Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.
Information We Collect
We collect information, including personal information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
The personal information which we collect includes, but is not limited to, the following circumstances and data elements:
You may choose to provide us with personal data about yourself, including your name, billing address, shipping address, email, phone number, zip or postal code, and user name and password, by completing forms on our website, such as when you request information about our Services, register for a program, or purchase a product. In order to complete the purchase of a product, an online credit card transaction may be required. During this process, you may provide us with the first and last name of the payment card owner, credit card billing address, payment card number, payment card expiration date, card verification value (“CVV”), shipping address, phone number and email.
When using our Services, you may provide us with messages sent between those individuals you have authorized to use our Services. In some instances, you may elect to provide us with location and address information.
You may also provide us with Personal Information about yourself when you report a problem or have a question about our services.
If you enroll and participate in our loyalty program, we may collect some personal information, such as name, email address, and date of birth.
The Sites offer interactive and social features that permit you to submit content and communicate with other users. You may provide personal data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other users.
Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google, Klaviyo, Attentive, Facebook, Reddit, Microsoft, and Smile.io.
The technologies we use for this automatic data collection may include:
• Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy
• Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e- mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
How We Use Information We Collect
We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
1. To inform you about services available from BEACHPLUMBINGPROS;
2. To authorize access to our Sites and Services;
3. To provide you with Services and Products;
4. To offer and administer programs;
5. To administer content, promotion, sweepstakes, surveys, voting polls or other Site features;
6. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, and other offers or promotions, and to deliver pertinent emails;
7. To improve our customer service;
8. To respond to and support users regarding their use of the Sites and Services;
9. To comply with all applicable legal requirements.
10. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users.
11. To enroll you in, facilitate the administration of, and coordinate offers and activities relating to our loyalty program.
We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our Company and our users.
We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.
Our Legal Basis for Collecting Personal Information
Whenever we collect Personal Information from you, we may do so on the following legal bases:
1. Your consent to such collection and use;
2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services, your purchase of a product or your purchase of a product or your request for Services;
3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Information is necessary for:
• Intra-organization transfers for administrative purposes;
• Product development and enhancement, where the processing enables BEACHPLUMBINGPROS to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our Users, and to better understand how people interact with our Sites;
• Fraud detection and prevention;
• Enhancement of our cybersecurity, including improving the security of our network and information systems; and
• General business operations and diligence;
4. Based on our statutory duties and obligations or other circumstances as prescribed by laws and administrative regulations.
Your Failure to Provide Personal Information
Your provision of Personal Information is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Information, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.
Our Retention of Your Personal Information
We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
Sharing Personal Information
BEACHPLUMBINGPROS may disclose your Personal Information to commercial providers for a business purpose, which includes verifying your identity when making a payment or registering access to your accounts. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.
We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of BEACHPLUMBINGPROS if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
• Fulfill any purpose for which you provide it;
• Meet any applicable law, regulation, legal process or enforceable governmental request;
• Enforce applicable Terms of Use, including investigation of potential violations;
• Detect, prevent, or otherwise address fraud, security or technical issues;
• Protect against harm to the rights, property or safety of BEACHPLUMBINGPROS, our Users or the public as required or permitted by law;
• For any other purpose disclosed when you provide the information; and,
• When we obtain your consent to do so.
We attempt to notify Users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
We may disclose your Personal Information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our users is often a transferred business asset. In the event that BEACHPLUMBINGPROS itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
Your Privacy Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you choose to be a guest or visitor at one of our managed properties, we aim to provide you with choices about how we use your Personal Information.
Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
• Privacy Rights Specific to California Residents
Under the California Privacy Rights Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Privacy Rights Act.
Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12- month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Right of correction. You have the right to request correction or changes of your Personal Information if it is found to be inaccurate or out of date.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Privacy Rights Act.
Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can:
1. Submit a request by downloading and filling out this form and email it to [email protected]; or
2. Call 1-800-894-0242 to submit your request.
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
Our Response to your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of anot Qumpus, Inc., d.b.a. BEACHPLUMBINGPROS, a Georgia corporation, (“BEACHPLUMBINGPROS”, “we” or “us”) operates the web site located at the u.r.l., www.BEACHPLUMBINGPROS.com (the “Site”). These Terms of Use govern your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Site that you may access, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information, products or services from the Site.
Registration
If you open an account or register to use the Sites, you are required to select a password and user name, which shall consist of an email address that you provide. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are responsible for safeguarding any password that you use to access any areas of the Sites. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify BEACHPLUMBINGPROS of any unauthorized use of your password. You shall be responsible for any and all fees and charges incurred under your account or using your password, whether or not incurred by you or a third party, with or without your authorization. You agree to reimburse us for all costs and expenses, including, without limitation, attorneys, fees and collection fees, incurred by us in our efforts to collect any outstanding balance from you. We reserve the right to refuse registration of, or cancel your account at our sole discretion.
Age of Users
Children under the age of 13 may not use the Sites and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use the Sites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Sites, including all financial charges and legal liability that he or she may incur.
User Submissions
All communications, comments, feedback, bug reports, suggestions, ideas, content, and other submissions submitted to BEACHPLUMBINGPROS through the Sites (collectively, “Submissions”) shall be and remain BEACHPLUMBINGPROS’ property with all worldwide rights, titles and interests in all copyrights and other intellectual property in such Submissions hereby being assigned to BEACHPLUMBINGPROS by you. All Submissions, as well as all communications made by you through the Sites, including, without limitation, blog and chat messages shall not (i) be illegal, defamatory, trade libelous, threatening, invasive of privacy or harassing; (ii) be obscene or contain any pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iv) infringe upon any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (v) consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”; or (vi) otherwise create or result in any liability for BEACHPLUMBINGPROS. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. BEACHPLUMBINGPROS reserves the right (but has no obligation) to remove or edit any such Submissions. BEACHPLUMBINGPROS has no responsibility and assumes no liability for any Submissions posted on the Sites by you or any third party.
Electronic Communications
When you visit the Sites or send e-mails to us, you are communicating with us electronically. By doing so, you thereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Promotional Messages
We and/or our service providers, such as Klaviyo and Attentive, may, from time to time, send email or text messages to you containing advertisements and/or promotions. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from BEACHPLUMBINGPROS, including text messages that may be sent using an automatic telephone dialing system (“Messaging Service”), to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that BEACHPLUMBINGPROS and its service providers will have no liability for failing to honor such requests. If you are experiencing any problems with the Messaging Service related to emails, please visit: https://www.klaviyo.com/legal/privacy-policy or with the Messaging Service related to text messages, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected] or [email protected].
WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES, SMS OR MMS MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.
Order Information
By making a purchase from the Sites, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including, without limitation, for purposes of fraud prevention, vendor direct shipping and credit card authorization.
Proprietary Rights
The Sites and their entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BEACHPLUMBINGPROS, its licensors or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Sites are registered and unregistered trademarks of BEACHPLUMBINGPROS and/or its third-party licensors or partners. Nothing contained on the Sites should be construed as granting you any license or right to use any trademark without the prior written permission of BEACHPLUMBINGPROS.
External Links
The Sites contains links to other websites on the Internet. We provide these links for your convenience only, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Sites. We cannot ensure that you will be satisfied with, and we hereby disclaim any and all liability and responsibility with regard to, any products or services that you purchase from a third-party website that links to or from the Sites or third-party content on our Sites. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, we disclaim all warranties express or implied, as to the accuracy, legality, reliability or validity of any content on any such website, or that such website will be free from viruses or other harmful elements.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BEACHPLUMBINGPROS’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BEACHPLUMBINGPROS that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites, including the ISBN if applicable;
Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.
BEACHPLUMBINGPROS attempts to be as accurate as possible with regard to the descriptions of books and other products that it sells on the Sites. However, BEACHPLUMBINGPROS does not warrant that such descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. If a product offered by BEACHPLUMBINGPROS is not as described on the Sites, your sole remedy is to return it, in the same condition as received, either for replacement with the same or a comparable product or for a refund within thirty (30) days after receipt.
Pricing
The cost of shipping, based on the “Ship To” address, is built in to the purchase price of the book. In addition, we make reasonable efforts to accurately price all books and other products offered on the Sites; however, despite our best efforts, a small number of the items may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Privacy Policy
The privacy practices that we follow when collecting and using personal information (“Personal Information”) and other information that you submit to us through the Sites are described in our Privacy Policy, located at beachplumbingpros.com/go/privacy. By using the Sites, you consent to the collection and use of your Personal Information by us as described in the Privacy Policy.
Disclaimer
We provide THE Sites and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about THE Sites. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
LIMITATION OF LIABILITY
IN NO EVENT WILL BEACHPLUMBINGPROS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER LINKED WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the BEACHPLUMBINGPROS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of a Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Modification of the Sites or Terms of Use
BEACHPLUMBINGPROS reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Sites is offered and/or the products, services, features, links, content, information and any other materials are offered via the Sites, at any time and from time to time, without notice or further obligation to you. By continuing to access or use the Sites after BEACHPLUMBINGPROS makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates (as applicable).
Conflict of terms
If there is a direct conflict or contradiction between the provisions of these Terms of Use and any other relevant terms and conditions, policies or notices that apply to a particular section or module of the Sites, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Sites shall prevail in respect of your use of that relevant section or module of the Sites.
Governing Law and Jurisdiction
Use of the Sites shall in all respects be governed by the laws of the State of Georgia, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in Fulton County, Georgia, United States of America, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non-conveniens.
International Use
Please be aware that we have locations in the United States and that the Sites are governed by United States law. If you are using the Sites or accessing the Sites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
BEACHPLUMBINGPROS makes no representation that the Sites are appropriate or available for use in locations outside of the United States, and access to the Sites from territories where such Sites is illegal is prohibited. Those who choose to access the Sites from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Sites in violation of United States export laws and regulations.
If you use the Sites or access the Sites outside of the United States, we may transfer, store, and process your information to and in the United States. We will implement safeguards to ensure an appropriate level of data protection for your information. If you use the Sites or access the Sites outside of the United States, you will not access or use the Sites if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Sites. The Sites are 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.
Severability
Any provision of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Waiver; Entire Agreement
Any waiver of any provision of these Terms of Use must be in writing and signed by BEACHPLUMBINGPROS to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and us relating to the subject matter hereof and supersede any and all prior statements, understandings or agreements, whether oral or written regarding such subject matter, and shall not be modified except in writing, signed by you and BEACHPLUMBINGPROS.
Termination
Your access to the Sites and your account may be terminated immediately without notice from us, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Sites and your account, and neither you, nor any third party on your behalf, shall access or attempt to access the Sites for any purpose whatsoever.
her consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.