TERMS OF USE

 

AMAYA Roofing & Waterproofing, Inc. Terms of Use

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Welcome to the website and mobile application (collectively, the “Site”) of AMAYA Roofing & Waterproofing, Inc. (“AMAYA”). Your use of the Site is subject to these Terms of Use (“Terms”), which we may update from time to time on a prospective basis. Please read these Terms of Use carefully before using the Site.

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By accessing the Site in any way, including, without limitation, browsing the Site, using a mobile application, using information obtained from the Site, and/or submitting information to AMAYA, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including, but not limited to, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE CLARK COUNTY, NV), conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Nevada law.

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From time to time we may update the Site and these Terms. Your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. AMAYA may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE CLARK COUNTY, NV), you agree that you do not have any rights in the Site and that AMAYA will have no liability to you if the Site is discontinued or your ability to access the Site or any content you may have posted on the Site or received from the Site is terminated.

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By accessing the Site, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

 

AMAYA Content

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Content on the Site that is provided by AMAYA or its licensors, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("AMAYA Content") is the property of AMAYA and its licensors, and is protected in the U.S. under trademark, copyright, and other intellectual property laws.

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Unless otherwise specified on the Site, you agree not to download, display or use any AMAYA Content located on the Site for use in any brochures, marketing materials, publications, in public performances, on websites other than the Site, or in any other medium for any commercial purpose. You also agree not to download, display or use any AMAYA Content located on the Site in connection with products or services that are not those of AMAYA, in any other manner that is likely to cause confusion among consumers, that disparages or discredits AMAYA and/or its licensors, that dilutes the strength of AMAYA’s or its licensor's property, or that otherwise infringes AMAYA’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any AMAYA Content, User Content (as defined below), or third-party content that appears on the Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.

 

Use of the Site and Posting Policy

From time to time on certain areas of the Site, you may be able to submit comments, photographs, and certain other materials, such as contest materials ("User Content").

The following requirements apply to your use of the Site, including, without limitation, any User Content you may submit to us: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by AMAYA; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not harvest or otherwise collect or store personal data about other users of the Site, including email addresses, without the express consent of such users; (d) you will not upload, post, reproduce or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (e) you will not use the Site for any commercial purpose not expressly approved by AMAYA in writing; (f) you will not impersonate any person or organization, including without limitation, the personnel of AMAYA, or misrepresent an affiliation with another person or organization; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Site, or feature of the Site.

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You understand and agree that you have no ownership rights in any account you may have with us or other access to the Site or features therein. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE CLARK COUNTY, NV) AMAYA may cancel your account and delete all User Content associated with your account at any time, and without notice, if AMAYA deems that you have violated these Terms, the law, or for any other reason. AMAYA assumes no liability for any information removed from the Site and reserves the right to permanently restrict access to the Site or a user account. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to AMAYA a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published, or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You also waive your moral rights to the User Content and hereby grant each user of the Site a non-exclusive license to access your User Content through the Site.

 

Indemnification

You agree to indemnify and hold AMAYA, its parents, subsidiaries, affiliates, contractors and agents, and each of their officers, directors, employees, and agents harmless from any claims, damages, and expenses, including reasonable legal fees and costs, related to your use of the Site or violation of these Terms, or any use of the Site AMAYA content or violations of the Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to AMAYA or the Site.

 

Responsibility for and Our Right to Edit or Delete User Content

AMAYA does not control, is not responsible for reviewing, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, AMAYA reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. AMAYA is not responsible or liable for damages of any kind arising from any User Content even when AMAYA is advised of the possibility of such damages, or from AMAYA's alteration or deletion of any posting.

 

Disclaimer of User Content

The information and opinions expressed in User Content on the Site are not necessarily those of AMAYA or its content providers, advertisers, sponsors, affiliated or related entities, and AMAYA makes no representations or warranties regarding the User Content. AMAYA does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

 

Accounts, Security, Passwords

If the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify AMAYA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. AMAYA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

 

Representations and Limitations of Liability

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE CLARK COUNTY, NV), AMAYA makes no representations about the reliability of the features of the Site, the AMAYA Content, User Content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. AMAYA makes no representations regarding the amount of time that any AMAYA Content or User Content will be preserved.

AMAYA does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification, or guarantee of any User Content. Accuracy of Information

We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on the Site. In addition, we may make changes to information about products without notice.

 

Third-Party Websites

The Site may hyperlink to sites not maintained by or related to AMAYA. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or AMAYA, and AMAYA makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from the Site is subject to the terms of that site's privacy policy, and AMAYA has no control over how your information is collected, used, or otherwise handled.

 

Mobile Application Updates and Upgrades

You acknowledge that AMAYA may from time to time issue updated or upgraded versions of the mobile application, and may (subject to your device settings) automatically electronically update or upgrade the version of the mobile application that you are then currently using on your mobile device. You consent to receive updates or upgrades to the mobile application automatically without providing further consent each time. The mobile application (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the mobile application description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the mobile application works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at marketing@amayaroofinginc.com.

 

Miscellaneous

Both you and AMAYA acknowledge and agree that no partnership is formed and neither of you nor AMAYA has the power or the authority to obligate or bind the other.

On certain areas of the Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection use, and disclosure practices.

 

Last Updated December 2022

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