Terms Of Service
Terms Of Service
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE T HIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/05/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our customers and others which may interact or interface with Odds and Ends Maintenance and Repair LLC, also known as Odds and Ends, in association with the use of the Odds and Ends website, which includes oddsandendsslc.com, (the “Site”) and its Services.
Odds and Ends reserve the right at any time to modify or discontinue our services, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any modifications or discontinuance of our Services.
During appointment setup, the customer requests Odds and Ends to perform work at the location specified and agree that the terms and conditions herein shall be the Agreement between the parties in respect of the work to be performed.
- Odds and Ends cannot guarantee an arrival date and time, but will make every effort to arrive at the date and time scheduled during appointment setup.
- Odds and Ends cannot guarantee that we will not have to cancel your appointment due to unforeseen issues (e.g., weather, illness, shortage of staff) however; we will do our best to notify you as soon as possible if we need to cancel.
- There is no charge to cancel your appointment as long as we have not already traveled to the location where work is to be performed before receiving notification. If this is the case, there may be a travel fee as well as our hourly rate for time spent traveling to and from the location where work was to be performed.
Travel charges apply to distances of over 25 miles from our business location (Taylorsville, Utah) and the amount is determined on a case by case basis and will be discussed at the time of appointment setup.
The customer will allow Odds and Ends access to the property to perform the work agreed upon during the appointment setup and on the agreed upon day and time. When making your appointment, please communicate the following information:
- If the property is hard to find you must provide directions at the time of appointment setup (e.g. cross street). You will be billed our hourly rate if we cannot find the property where work is to be performed due to your failure to provide details on the location. If the location of the property where work is to be performed is over 25 miles from our business location (Taylorsville, Utah) you will also be charged a travel fee
- If parking isn’t available close to the location where work is to be performed, you will be billed our hourly rate for time spent getting materials and tools to and from the location. If there are fees for parking, these fees will be added to your invoice. Please provide parking details at the time of appointment setup.
- If you will not be home at the agreed upon day and time the work is to be performed, please provide instructions for accessing the property (e.g., alarm codes, gate codes, keys, etc.) If the alarm should get triggered while we are entering or exiting the location, Odds and Ends is not responsible for fees associated with triggering the alarm. If we cannot access the location where work is to be performed, the scheduled appointment will be postponed or cancelled and you will be charged our hourly rate for travel to and from the worksite. If the location of the property where work is to be performed is over 25 miles from our business location (Taylorsville, Utah) you will also be charged a travel fee.
- The worksite must be safe; free from bio-hazards, mold or anything else that could compromise the safety or health of Odds and Ends staff. If the worksite is deemed unsafe the scheduled appointment will be postponed or cancelled until it is deemed safe to return to the worksite. If we are unable to return to the worksite, you will be charged for any work already performed and any materials purchased. If no work has been performed or materials purchased, you will be charged our hourly rate for travel to and from the worksite. If the location of the property where work is to be performed is over 25 miles from our business location (Taylorsville, Utah) you will also be charged a travel fee.
- The worksite must be free from furniture or other items that may impede the work that is to be performed. If you have furniture or other items that need to be moved so we can perform the work agreed upon, please do this before the appointment. Odds and Ends is not responsible for damage to furniture or other items that have not been removed from the area where work is to be performed. You are solely responsible for any damage that may occur. You are hiring our Service at your own risk.
- If something is damaged or broken while we are performing work at your property, we will do our best to notify you immediately.
- Please secure your pets; make sure they are not able to roam near the area where work is to be performed. You are liable and responsible for your pets and for any damage to materials, tools, and or workmanship should they impede our performance. You are also liable and responsible for the safety and security of your pets.
- If electricity or water is required to perform the work agreed upon and it is not made available, the scheduled appointment may have to be postponed or cancelled and you will be charged our hourly rate for travel to and from the worksite. If the location of the property where work is to be performed is over 25 miles from our business location (Taylorsville, Utah) you will also be charged a travel fee.
FAILURE TO ADHERE TO YOUR OBLIGATIONS IDENTIFED IN THIS AGREEMENT MAY RESULT IN OUR INABILITY TO PROVIDE YOU WITH OUR SERVICE. IN NO EVENT WILL ODDS AND ENDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ALLEGED OR ACTUAL DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR FAILURE TO ADHERE TO YOUR OBLIGATIONS UNDER THIS AGREEMENT. ODDS AND ENDS AND ITS EMPLOYEES ARE NOT RESPONSIBLE FOR DAMAGE OR BREAKAGE THAT MAY OCCUR, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF USING OUR SERVICE. ODDS AND ENDS IS NOT LIABLE OR RESPONSIBLE FOR PERSONAL INJURY THAT MAY RESULT FROM THE USE OF OUR SERVICE EITHER DIRECTLY OR INDIRECTLY.
- Odds and Ends provide free phone and written estimates. Some estimates require us to review in person the job that needs to be performed before we can give an estimate.
- We are not bound to honor the estimate when it is not appropriate for the work to be performed. We will provide you with a new estimate that is more appropriate for the work to be performed. You are not obligated to accept the new estimate.
- If the location of the property where work is to be performed is over 25 miles from our business location (Taylorsville, Utah) there may be a travel fee that is to be paid in full at the time the estimate is given.
- Estimates are valid for 14 days from the date of the estimate. If there is a change to the estimate a new estimate will be provided by Odds and Ends and the 14 day period will begin again.
- Agreed upon times and dates for completion of work are estimates and are not binding on Odds and Ends.
- Estimates are subject to availability of products, subject to correction of good faith errors by Odds and Ends, prices estimated are subject to any increase in the cost price to Odds and Ends, and potential travel fees before acceptance of the order.
- If the customer requires additional work or alterations to the work specified in the original estimate, the customer will advise Odds and Ends and Odds and Ends will inform the customer of the additional time and costs necessary to perform the work with a new estimate for the customer to sign accepting the changes.
- By accepting the estimate, the customer accepts Odds and Ends Terms and Conditions.
- The customer will pay Odds and Ends the amount as stipulated on the invoice, by the date specified on the invoice.
- The customer at no time, under no circumstances is entitled to withhold payment. Withholding of payment is a breach of this agreement which entitles Odds and Ends to postpone/ cancel work or seek debt collection services or legal firm for collection of late payments.
- Any invoice not paid within 10 calendar days of the due date of the invoice is subject to a late fee at an interest rate equal to 10% per annum or the maximum rate permitted by applicable law. If payment is not received within 90 days from date of invoice, Odds and Ends is entitled to seek debt collection services or legal firm for collection of late payments.
- The customer will be liable to Odds and Ends for any legal expenses or fees incurred by Odds and Ends in the event of default by the customer or breach of, or enforceability of this agreement.
- Only payments made payable to Odds and Ends into the bank account on the invoice provided to the customer will be recognized and accepted as formal payment. Electronic funds transfer, checks, and cash are the only accepted methods of payment.
- Odds and Ends strives to perform the agreed upon services to the highest standards possible, in the shortest amount of time possible. However, the customer will have no right to penalties if the work is not performed by a specified period of time.
- If the work needs to be postponed due to weather or other causes beyond Odds and Ends control, Odds and Ends will be entitled to an extension until work can resume.
- In the event Odds and Ends has to postpone the work in terms of this agreement Odds and Ends is entitled to cancel this agreement and retain all amounts paid, insist on payment of the balance of the contract price, and remove all materials, machinery, and equipment from the property where work was being performed without any compensation to the customer.
MATERIALS AND EQUIPMENT
- Odds and Ends reserve the right to provide different products than those ordered/purchased by the customer at the current market prices. Odds and Ends is not responsible or liable for the quality or condition of the products purchased. There is no guarantee or warranty for products purchased by Odds and Ends or the customer. Extra costs incurred due to defective materials or equipment is covered under the manufactures warranty and will be at the customer expense.
- If materials, tools, or equipment is left at the worksite, the customer is responsible for protecting these items in Odds and Ends absence. Any damage to or loss due to theft of the materials, tools, or equipment is the customers responsibility and the customer agrees to replace these items at their expense. If materials, tools, or equipment is damaged while Odds and Ends is present at the worksite, we will be responsible for damage or loss due to theft of the materials, tools, or equipment.
- The customer will not be entitled to detailed costs in respect to materials. Work is performed on a fixed cost and has been included into the amount specified in the estimate or invoice.
- If the customer agreed to provide materials and they fail to do so Odds and Ends can postpone or cancel the appointment until these items have been provided. If the worksite is over 25 miles from our business location (Taylorsville, Utah), Odds and Ends may charge a travel fee and their hourly rate for showing up to an appointment and not being able to perform the work agreed upon.
- If the work to be performed requires special tools or equipment and Odds and Ends needs to rent them, pick them up, deliver them, and return them, this will be part of our hourly rate.
- Odds and Ends will perform the work to reasonable satisfaction of the customer. Work will be guaranteed for 90 days pursuant to the signed invoice and becomes effective when your check made payable only to Odds and Ends Maintenance and Repair, LLC for services rendered has been received and credited to our account.
- We will repair defects in workmanship free of charge during the guarantee period. The Guarantee is for labor only; materials are not included because they are typically covered by the manufacturer’s warranty. Odds and Ends however will assist the customer in lodging a claim against the manufacturer without assuming any liability.
THERE ARE NO OTHER GUARANTEES EXPRESSED OR IMPLIED, AND THERE IS NO LIABILITY FOR CONSEQUENTIAL DAMAGES OF ANY KIND.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF ODDS AND ENDS MAINTENANCE AND REPAIR LLC SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ODDS AND ENDS MAINTENANCE AND REPAIR LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED.
ODDS AND ENDS MAINTENANCE AND REPAIR LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ODDS AND ENDS MAINTENANCE AND REPAIR LLC SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ODDS AND ENDS MAINTENANCE AND REPAIR LLC SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ODDS AND ENDS MAINTENANCE AND REPAIR LLC SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ODDS AND ENDS MAINTENANCE AND REPAIR LLC OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
To expedite resolution and reduce the cost of any dispute or claim related to this Agreement, you and Odds and Ends agree to try and informally resolve the dispute before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice to:
Email: [email protected]
- If the customer has a claim as a result of defects in workmanship, they will address such a claim to Odds and Ends, in writing, within the guarantee period of 90 days from the date payment for services rendered has been received and credited to our account, setting out in detail the nature and extent of the defects in workmanship. Odds and Ends shall be afforded an opportunity to inspect the defects and/or workmanship which does not meet the customer’s approval.
- If Odds and Ends believe the work is acceptable, they will notify the customer of their findings and the reasons.
- If the customer does not accept Odds and Ends findings, they are entitled to refer the matter to arbitration to resolve the complaint.
- If the matter is referred to arbitration, the arbitrator shall be requested to perform his findings within a period of thirty (30) days and his finding shall be final and binding upon both parties.
- If Odds and Ends is of the view that the work is not acceptable then any defects in workmanship will be repaired by Odds and Ends to the reasonable satisfaction of the customer at Odds and Ends expense.
ODDS AND ENDS INDEMNIFIES THE CUSTOMER AGAINST ANY LIABILITY, LOSS, CLAIM, OR PROCEEDINGS ARISING IN COMMON LAW, OR BY STATUTE CONSEQUENT UPON FROM PERSONAL INJURIES TO, OR THE DEATH OF ANY PERSON OF ODDS AND ENDS ARISING OUT OF, OR IN THE COURSE, OR CAUSED BY THE EXECUTION OF THE WORK, UNLESS SUCH LOSS, INJURY, OR DEATH IS DUE TO ANY ACT, OR COMMISSION OF THE CUSTOMER, OR ANY AGENT ACTING IN THE INTERESTS OF THE CUSTOMER.
ALL USERS HEREIN AGREE TO INSURE AND HOLD ODDS AND ENDS MAINTENANCE AND REPAIR LLC, OUR SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, PARTNERS AND/OR LICENSORS BLAMELESS OR NOT LIABLE FOR ANY CLAIM OR DEMAND, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, REASONABLE ATTORNEY FEES MADE BY ANY THIRD PARTY WHICH MAY ARISE FROM THE USE OF ODDS AND ENDS SERVICES OR YOUR CONNECTION WITH THESE SERVICES, YOUR VIOLATIONS OF THE TERMS OF SERVICE AND/OR YOUR VIOLATION OF ANY SUCH RIGHTS OF ANOTHER PERSON.
EXCLUSION OF LIABILITY
WHEN ANY LOSS RESULTS AS A RESULT OF WAR, INVASION, RIOT, WARLIKE OPERATIONS, CIVIL UNREST, ACTS OF GOD, OR ANY OTHER ACT WHICH IS BEYOND ODDS AND ENDS’S CONTROL (VIS MAJOR), ODDS AND ENDS SHALL NOT BE LIABLE FOR ANY LOSSES WHICH MAY RESULT BECAUSE OF SUCH ACTION, NOTWITHSTANDING ANY CLAUSE HEREIN WHICH MAY HAVE INDEMNIFIED THE CUSTOMER AGAINST THE RISK OF DAMAGES AND/OR LOSS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ODDS AND ENDS MAINTENANCE AND REPAIR LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.
Odds and Ends is a registered S corporation in the State of Utah and provides handyman services for residential and commercial properties. Handyman of Salt Lake City is a DBA of Odds and Ends.
Our license number is # 2-16-19430 and is in good standing.
Hours of Operation
Our Office hours are:
Monday thru Friday from 8:00 AM to 5:00 PM. We are closed on weekends and holidays.
Consent to Email Communication
By using our service and providing your email address you consent to Odds and Ends emailing you Appointment Reminders or Performance Surveys after the work has been completed.
Odds and Ends may occasionally send you promotional and/or marketing emails. If you do not wish to receive these promotional and/or marketing emails, please notify us in writing at:
Email: [email protected]
Odds and Ends may photograph the work we performed at your property which we will publish on our website or other social media outlets. If you do not want Odds and Ends to post pictures of the work we completed at your property, you must tell us at your appointment or send the request in writing to:
Email: [email protected].
Odds and Ends strives to provide excellent customer service and quality workmanship, but we understand there may be times we cannot make everyone happy. However, we would ask, if you have a bad experience to notify us in writing first and give us an opportunity to try and rectify the situation before posting a negative review. You can contact us at:
Email: [email protected]
Either Odds and Ends or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Odds and Ends shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Odds and Ends Maintenance and Repair LLC’s Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Odds and Ends or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Odds and Ends Maintenance and Repair LLC Services, in whole or part.
You herein acknowledge, understand and agree that all of the Odds and Ends Maintenance and Repair LLC trademarks, copyright, trade name, service marks, and other Odds and Ends logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Odds and Ends. You herein agree not to display and/or use in any manner the Odds and Ends logo or marks without obtaining Odds and Ends prior written consent.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Odds and Ends fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Odds and Ends with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising
out of or relating to the TOS, or the relationship between you and Odds and Ends, shall be filed within the courts having jurisdiction within the County of Salt Lake, Utah or the U.S. District Court located in said state. You and Odds and Ends agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
This TOS constitutes the entire agreement between you and Odds and Ends, read with the nature and extent of the work and the costs reflected on the face hereof and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Odds and Ends Services.
Please report any and all violations of this TOS to Odds and Ends as follows:
Telephone: 801-209-7661 Fax: 801-905-1443
Email: [email protected]
Extended Terms Of Service
Our Attorney Above Makes Us Include This… 🙂
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Odds & Ends Maintenance & Repair, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your OddsAndEndsSLC.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Odds & Ends Maintenance & Repair may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Odds & Ends Maintenance & Repair liability. You must immediately notify Odds & Ends Maintenance & Repair of any unauthorized uses of your blog, your account or any other breaches of security. Odds & Ends Maintenance & Repair will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Odds & Ends Maintenance & Repair or otherwise.
By submitting Content to Odds & Ends Maintenance & Repair for inclusion on your Website, you grant Odds & Ends Maintenance & Repair a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Odds & Ends Maintenance & Repair will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Odds & Ends Maintenance & Repair has the right (though not the obligation) to, in Odds & Ends Maintenance & Repair's sole discretion (i) refuse or remove any content that, in Odds & Ends Maintenance & Repair's reasonable opinion, violates any Odds & Ends Maintenance & Repair policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Odds & Ends Maintenance & Repair's sole discretion. Odds & Ends Maintenance & Repair will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Odds & Ends Maintenance & Repair the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Odds & Ends Maintenance & Repair before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Odds & Ends Maintenance & Repair in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Odds & Ends Maintenance & Repair the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Odds & Ends Maintenance & Repair reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Odds & Ends Maintenance & Repair.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Odds & Ends Maintenance & Repair to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free OddsAndEndsSLC.com services. All support will be provided in accordance with Odds & Ends Maintenance & Repair standard services practices, procedures and policies.
- Responsibility of Website Visitors. Odds & Ends Maintenance & Repair has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Odds & Ends Maintenance & Repair does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Odds & Ends Maintenance & Repair disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OddsAndEndsSLC.com links, and that link to OddsAndEndsSLC.com. Odds & Ends Maintenance & Repair does not have any control over those non-Odds & Ends Maintenance & Repair websites and webpages, and is not responsible for their contents or their use. By linking to a non-Odds & Ends Maintenance & Repair website or webpage, Odds & Ends Maintenance & Repair does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Odds & Ends Maintenance & Repair disclaims any responsibility for any harm resulting from your use of non-Odds & Ends Maintenance & Repair websites and webpages.
- Copyright Infringement and DMCA Policy. As Odds & Ends Maintenance & Repair asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OddsAndEndsSLC.com violates your copyright, you are encouraged to notify Odds & Ends Maintenance & Repair in accordance with Odds & Ends Maintenance & Repair's Digital Millennium Copyright Act ("DMCA") Policy. Odds & Ends Maintenance & Repair will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Odds & Ends Maintenance & Repair will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Odds & Ends Maintenance & Repair or others. In the case of such termination, Odds & Ends Maintenance & Repair will have no obligation to provide a refund of any amounts previously paid to Odds & Ends Maintenance & Repair.
- Intellectual Property. This Agreement does not transfer from Odds & Ends Maintenance & Repair to you any Odds & Ends Maintenance & Repair or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Odds & Ends Maintenance & Repair. Odds & Ends Maintenance & Repair, OddsAndEndsSLC.com, the OddsAndEndsSLC.com logo, and all other trademarks, service marks, graphics and logos used in connection with OddsAndEndsSLC.com, or the Website are trademarks or registered trademarks of Odds & Ends Maintenance & Repair or Odds & Ends Maintenance & Repair's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Odds & Ends Maintenance & Repair or third-party trademarks.
- Advertisements. Odds & Ends Maintenance & Repair reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Odds & Ends Maintenance & Repair reserves the right to display attribution links such as 'Blog at OddsAndEndsSLC.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Odds & Ends Maintenance & Repair reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Odds & Ends Maintenance & Repair may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Odds & Ends Maintenance & Repair may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your OddsAndEndsSLC.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Odds & Ends Maintenance & Repair if you materially breach this Agreement and fail to cure such
thirty (30) days from Odds & Ends Maintenance & Repair's notice to you thereof;
provided that, Odds & Ends Maintenance & Repair can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Odds & Ends Maintenance & Repair and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Odds & Ends Maintenance & Repair nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Odds & Ends Maintenance & Repair, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Odds & Ends Maintenance & Repair under this agreement during the twelve (12) month period prior to the cause of action. Odds & Ends Maintenance & Repair shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Odds & Ends Maintenance & Repair, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Odds & Ends Maintenance & Repair and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Odds & Ends Maintenance & Repair, or by the posting by Odds & Ends Maintenance & Repair of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State Of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake County, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake County, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Odds & Ends Maintenance & Repair may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.