These Terms of Use apply to all users of the online and mobile web site and other applications and platforms (collectively, the “Site”) owned and or operated by COLTON 11 Company and its affiliates and franchisees. By using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us because of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control. You agree that you are more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use, and to abide by and comply with these Terms of Use. The Site is not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the Site.
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement.
If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend this these Terms of Use, but only with respect to the matters governed by the click-through agreement.
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, foreign laws, and international conventions. All Content and intellectual property rights therein are owned by COLTON 11 Company and its affiliates or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You will not attempt to and do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
COLTON 11 names and logos (including, but not limited to, Aire Serv®, Dryer Vent Wizard®, Five Star Painting®, Glass Doctor®, The Grounds Guys®, HouseMaster®, Junk King®, Lawn Pride®, Molly Maid®, Mosquito Joe®, Mr. Appliance®, Mr. Electric®, COLTON 11®, Mr. Rooter®, Precision Door Service®, Portland Glass®, ProTect Painters, Rainbow International®, Real Property ManagementTM, ShelfGenie®, Window Genie®, and COLTON 11®), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of COLTON 11 (“COLTON 11 Marks”).
All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use COLTON 11 Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within this Site without the prior written permission of such owners.
The use or misuse of COLTON 11 Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
COLTON 11 hereby grants you permission to use the Site solely for noncommercial and personal use, provided that you: (i) comply with these Terms of Use; (ii) use the Site for lawful and permitted purposes; (iii) do not modify, copy, or distribute the Site or Content, including on any network, computer, or broadcast in any media; (iv) you retain any and all copyright and other proprietary notices contained in the Site or Content; and (v) do not disable or interfere with any security features of the Site.
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
This means that you, not COLTON 11, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. You represent and warrant that for all UGC: (i) you own or have all necessary rights, licenses, and permissions to use and grant COLTON 11 authority to use all intellectual property or proprietary rights therein; and (ii) you have the appropriate consent and permission of each identifiable individual in the UGC to use their name, image, and likeness.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.
We are not liable for any loss or damage of any kind you may claim was incurred because of the use of any UGC posted, emailed, transmitted, or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of COLTON 11 or any person or entity associated with COLTON 11.
You own User-Generated Content, but we may use it. You understand that whether or not UGC is published, we do not guarantee any confidentiality with respect to any UGC. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC.
However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. COLTON 11 has certain rights. We have the right (but do not assume the obligation) to:
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read, understood, and your UGC fully complies with these Terms of Use and applicable laws and will not cause injury to any person or entity.
In general. You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. COLTON 11 does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
Your statement must be sent to: colton.hugh@colton-11.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.
We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to COLTON 11 it will be true, accurate, current, and complete and that you will update all personal information, as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You may not use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you.
You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. You may be liable to COLTON 11 for losses due to any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. You will not disassemble, decompile, copy, reverse-engineer, or create any derivative works based on the Site or Content. You agree not to use or launch any unauthorized technology or automated system on this Site to access online services or extract Content from the Site. You will not attempt to gain unauthorized access, impair, disable, or overburden the Site. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE.
THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEIGHBORLY, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEIGHBORLY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATED TO AND ASSUMES NO LIABILITY FOR ANY (A) TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ISSUES RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERRORS, MISTAKES OR INACCURACIES; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM ACCESS TO OR USE OF THE SITE; AND (F) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE, OUR SERVERS, OR ANY PERSONAL OR SENSITIVE PERSONAL INFORMATION WE STORE.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
NEIGHBORLY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED NEIGHBORLY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF NEIGHBORLY.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, PARENTS, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY LAW WE, ON BEHALF OF OUR PARENTS, AFFILIATES, DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE OR DATA; LOSS CAUSED BY A VIRUS OR THE LIKE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; THIRD PARTY CLAIMS; OR OTHER LOSSES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions.
In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
You understand and agree that our text messaging program is considered an “other application” under these Terms of Use. Your carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS or MMS correspondence. We do not charge for any content however some content may incur charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control.
By subscribing to marketing or promotional messages, you consent to receiving up to 6 messages per month using automated technology. Messages may include offers from us, our parents, affiliates, franchisees, and partners. You can unsubscribe at any time from all messages by replying STOP. Your consent to receive text messages is not required to make a purchase.
Our franchisees are independently owned and operated businesses. These terms do not apply to any of our franchisees’ independent text marketing programs. If you are receiving text messages from a franchisee, you will need to opt out from them directly. Each franchisee is solely and independently responsible for its legal and regulatory compliance.
You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.
We will not be liable for any delays or failures in your receipt of any SMS or MMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS and MMS message services are provided on an AS-IS basis.
The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
The service is available only in the United States.
We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. We may discontinue the service at any time.
If you have any questions, please contact us at colton.hugh@colton-11.com.
This Site may provide links to other websites operated by third parties (i.e., social media websites, vendor pages, websites of other corporations, limited liability companies, etc.). We have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.
COLTON 11 shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.
Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
These Terms of Use will be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Waco and County of McLennan, Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe an infringement of these Terms of Use is taking place or originating.
You agree to indemnify, defend and hold harmless COLTON 11, its parents, subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to COLTON 11 or requested from COLTON 11 to perform the actions and/or share with the third-party application the information communicated to COLTON 11, or requested from COLTON 11. COLTON 11 is going to send that information through the third-party application, which will then go through the internet. COLTON 11 shall not be held responsible for any dissemination, use, misuse, and/or disclosure of the user’s information through use of this or any third-party application.
These Terms of Use are current as of the effective date set forth above. COLTON 11 reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles, with or without notice to you. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without consent or restriction.
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and COLTON 11 with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and COLTON 11 with respect to this Site and your use of this Site.
The term “Content” refers to all the software and code comprising or used to operate this Site, and all the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.
The terms “COLTON 11,” “we,” “us,” and “our” refer to COLTON 11.
The term “Feedback” refers to all the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any online or mobile website owned or operated by COLTON 11 or its affiliates, on which these Terms of Use are posted.
The term “User-Generated Content” or “UGC” means all the text, photographs, images, illustrations, graphics, sounds, video, and audio-video clips, and other content you post using functionality on this Site that allows you to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback.”
If you have any questions about this Site or these Terms of Use, please contact us using the following information: 2445 15TH STREET, BAKER CITY, OR 97814.
2445 15TH STREET, BAKER CITY, OR 97814
(541) 519-0754
colton.hugh@colton-11.com
