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Call The Guy Terms and Conditions
This Website and Call The Guy's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Call The Guy services, offerings, or properties such as websites or apps owned and operated by Call The Guy (including but not limited to CallTheGuy.net and CallTheGuy.services, the AdvantageBids bidding site and app, etc) and collectively referred to herein as "Call The Guy," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at Admin@CallTheGuy.net. We reserve the right to amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on Friday, June 19, 2015.
1 INTRODUCTION TO Call The Guy Upon registration, you may choose your own password or Call The Guy will assign you a password to access the Call The Guy services through the Call The Guy website or apps.
2 Call The Guy SERVICES At Call The Guy we are committed to making your life easier and your Call The Guy experience a positive one. There are many ways we can help you care for your home. Everything is centered around our Concierge Desk. One Call Does It All. If your needs fall outside of our scope of work, we will help you find reliable service professionals from from our list of trusted affiliates and Preferred Service Providers. Call our Concierge Desk, to start the process. We’ll keep it as simple as possible. If necessary, we will even refer out a specific task for you, and we will provide you with bids from our Preferred Service Provides and other service professionals. In addition, you are always free to select or search out individuals service professionals that are not affiliated with Call The Guy.
1 The Concierge Desk. Our Concierge Desk provides you with the ultimate One Call Does It All service for your home. Upon subscribing to any one of our three Service Plans you may access the services of our Inspectors, Service Specialists, Consultants, and Preferred Service Providers just by calling one number. See the Services Chart to view the items covered under your service plan. While we try to connect you with the services you need, we make no promises that we can solve your search problems. Nor do we guarantee any work or promises made by our affiliates, Preferred Service Providers, or any other person or company that you may chose to deal with. In addition, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs at the price you want to pay.
2 Affiliates & Preferred Service Providers. We limit the number of Affiliates and Preferred Service Providers in each of our trade categories. Our selection process is competitive and only open only to those that have superior service histories and to those that offer fair pricing to our clients. We limit the number of affiliates in each category to help ensure that we provide them with a high enough volume of work that they rely upon Call The Guy and our clients. In doing so, we garner a modicum of leverage in our dealings with them. We use that leverage to ensure that they treat our customers and clients well. Unlike our competitors, we do not charge our Affiliates and Preferred Service Providers to join our program, nor do we charge them to advertise on our site, or bid on or clients projects.
3 No Guarantees or Endorsements. Although we take great care in our selection process, examining the credentials, insurance, and previous performance histories of our Affiliates and Preferred Service Providers, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Call The Guy does not endorse or recommend the services of any particular service professional. It is entirely up to you to evaluate a service professional's qualifications, and to enter into a direct contract or otherwise reach agreement with the service professional that you select. We do not guarantee or warrant any service Affiliates, Preferred Service Providers, or other professional’s performance on the job or the outcome or quality of the services that they perform. The above mentioned service professionals are not employees or agents of Call The Guy, nor is Call The Guy an agent of the service professionals.
4 No Contracting via the Call The Guy Website. Call The Guy may inform you of certain offers or discounts provided by our Affiliates and service professionals. Such offers or discounts are made solely by the service professional, and Call The Guy does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via the Call The Guy Concierge Desk, website or apps, or deals or offers which you find on the Call The Guy websites or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Call The Guy. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via Call The Guy. To contract with a Service Professional, you must work directly with the Service Professional. Call The Guy does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, and local laws.
5 Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE Call The Guy (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
3 YOUR USE OF THE Call The Guy SERVICES AND PROHIBITED USES You acknowledge and agree that your use of Call The Guy is for your personal use and not for advertising purposes. You may not use Call The Guy to recreate or compete with Call The Guy, to solicit or harass Call The Guy service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Call The Guy for any such damages, and will indemnify Call The Guy in the event of any third party claims against Call The Guy based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Call The Guy products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Call The Guy in its sole discretion that you are misusing or attempting to misuse or circumvent the Call The Guy services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Call The Guy reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
4 INFORMATION YOU PROVIDE TO US Upon using Call The Guy, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, or by utilizing the services offered by one or more of our Consultants, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Call The Guy and its partners and thus agree to be contacted by Call The Guy and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Call The Guy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Call The Guy has the right to refuse any current or future use of the Call The Guy services (or any portion thereof) by you. You are responsible for any use of the Call The Guy services by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Call The Guy AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Call The Guy AND EACH Call The Guy SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Call The Guy AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5 DISPUTE RESOLUTION ASSISTANCE While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the Call The Guy resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a service professional who you learned about through the Call The Guy Services. We may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the Call The Guy resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
6 CALL RECORDING You acknowledge and agree that Call The Guy may monitor and/or record any telephone calls between you and Call The Guy.
7 USER GENERATED CONTENT You agree that all of the content and information posted by you or your agents or designees on Call The Guy, including but not limited to:
• Ratings & Reviews
• Photographs or Images,
• Comments, Questions and/or Answers,
• Any other content
• (known collectively as "Content") is the sole and exclusive property of Call The Guy, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
1 Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
2 Grant of License. You hereby grant Call The Guy and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Call The Guy and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
3 Representation of Ownership and Right to Use Content. By posting or providing any Content to Call The Guy, you represent and warrant to Call The Guy that you own or have all necessary rights to use the Content, and grant to Call The Guy the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
4 Content Guidelines. Call The Guy reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Call The Guy owned or operated websites or apps if Call The Guy determines (in its sole discretion) that such content contains or features any of the following:
1 Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
2 References to illegal activity.
3 Language that violates the standards of good taste or the standards of this Site.
4 Statements that are or appear to be false.
5 Comments that disparage Call The Guy.
6 With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
1 Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
2 Comments concerning a different Service Professional.
3 Information not related to work requested in the service request.
4 If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
8 NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Call The Guy server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Call The Guy. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Call The Guy or apps or any other Call The Guy owned, operated, licensed or controlled site. Elements of the Call The Guy or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Call The Guy web Site may be copied or retransmitted unless expressly permitted by Call The Guy. Call The Guy AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Call The Guy AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE Call The Guy WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Call The Guy AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9 SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS Unless otherwise noted on the screening tab of a service professional's profile page, Call The Guy.com uses the following criteria as part of its registration enrollment process ("registration") for new service professionals, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network:
1 Licensing - Call The Guy may display licensing information provided by service professionals on the service professionals' profile pages, however Call The Guy does not confirm (i) the accuracy, of any such licensing information, (ii) that any such license is active or in good standing, or (iii) that any such license is appropriate for the the task for which you are seeking a service professional. . We recommend you confirm all licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing.
2 State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the service professional is in good standing in the state in which it is located.
3 Criminal Records Search - Call The Guy uses 3rd party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such service professional's registration with Call The Guy.
4 Sex Offender Search - In the state in which the owner/principal of the company is located, we check the state's official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.
5 Identity Verification (Social Security Number) - Call The Guy verifies the social security number(s) of the service professional's owner/principal for identity check purposes. This check applies primarily to smaller business entities.
6 Legal Search for Civil Judgments - We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, in the state in which the owner/principal of the company is located, both within the twelve months prior to such service professional's registration with Call The Guy.
10 WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER) NOTE: Call The Guy PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE Call The Guy NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, Call The Guy CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. Call The Guy IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Call The Guy does not screen the Corporate Accounts or Corporate SP's. Service Professionals Profiles: Call The Guy allows Service Professionals to post profiles about themselves and their business on the Call The Guy or apps. Call The Guy does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. Call The Guy therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of Call The Guy. Call The Guy believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Call The Guy network. Call The Guy does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Call The Guy checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources. DISCLAIMER: Call The Guy EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
11 RATINGS & REVIEWS ARE NOT ENDORSED BY Call The Guy.COM All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Call The Guy. Call The Guy disclaims any and all representations or warranties with regard to the Ratings and Reviews. Call The Guy does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
12 ARTICLES AND OTHER CONTENT Call The Guy provides certain content relating to home improvement, repair, maintenance ("Articles"), on the Call The Guy or apps, and via mobile applications owned and operated by Call The Guy. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
13 LINKS TO THIRD PARTY SITES The links in the Call The Guy or apps will let you leave Call The Guy's Web site. The linked sites are not under the control of Call The Guy and Call The Guy is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Call The Guy is not responsible for webcasting or any other form of transmission received from any linked site. Call The Guy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Call The Guy of the site.
14 INDEMNIFICATION YOU AGREE TO INDEMNIFY Call The Guy, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE Call The Guy SERVICES, IN CONNECTION WITH THE Call The Guy WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
15 GENERAL PROVISIONS You acknowledge and agree that the Call The Guy services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Call The Guy's sole obligation to you or any third party for any claim arising out of your use of the Call The Guy services or the Call The Guy or apps, is that you are free to discontinue your use of the Call The Guy services or the Call The Guy or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Call The Guy EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Call The Guy SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Call The Guy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Call The Guy's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Call The Guy to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Call The Guy services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and Call The Guy and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.