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“You” and “your” refer to you, as a user of the site. A “user” is someone who accesses, browses or in any way uses the Site. “We,” “us,” and “our” refer to Verifiedbackflow.com and Verifiedbackflow LLC.. “Managers” or “Owners” are those Users who post jobs on our site. “Testers” are those Users who bid on said jobs. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Eligibility, Permission and Account
To access or use the Site, you must be 18 years or older. You may not access or use the site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.We will grant you permission to use the site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. You understand and agree that your continued access to, or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Agreement Between you and Verifiedbackflow.com.
No Unauthorized Duplication.
Except as otherwise stated herein, none of the content on the Website or our mobile application may be modified, copied, reproduced, republished, downloaded, displayed, sold, distribute, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, recording or other means, without the prior express written permission of Verifiedbackflow.com
In order to access certain areas and features of our Services, you will need to register for an account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You agree to notify us immediately of any unauthorized use of your account. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account.
We reserve the right to close your account at any time for any or no reason. You also agree to (a) create a unique password that you do not use with any other online product or service; (b) provide accurate, truthful, current and complete information when creating an account; © maintain and promptly update your account information; and (d) immediatly notify Verifiedbackfow.com if you discover or suspect any security breaches within Verifiedbackflow.com.
Member Content Restrictions
You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive files viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party. Verifiedbackflow.com is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may report it by contacting us ort. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. All content submitted to Verifiedbackflow.com is subject to the approval of the website administrators. Verifiedbackflow reserves the right to reject, approve, or modify User submitted content upon the discretion of the website administrators.
The User understands and agrees to the following terms: Verifiedbackflow acts as an online platform to allow users to offer and bid on professional services. You acknowledge and agree that Verifiedbackflowr.com is not involved in the actual transaction between the Users including, but not limited to, backflow workers, testers, companies and managers or owners of backflow devices. As a result, Verifiedbackflow.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of the Testers to provide the services or the Managers,/Owners to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site. Verifiedbackflow.com provides unmonitored access to third party content. Verifiedbackflow is only acting as a platform and/or portal, and has no liability based on, or related to, the third party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third party web sites. Verifiedbackflow.com does not control or always review the web sites to which we link from the Site. Verifiedbackflow.com, therefore, cannot endorse the content, products, services, practices, policies, of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of value.
Verifiedbackflow.com com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Verifiedbackflow.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using Verifiedbackflow. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on Verifidbackflow’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Verifiedbackflows prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
Your License to Us.
When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable (through multiple tiers) right to use, distribute, reproduce, modify, adapt, publicly display and exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VERIFIEDBACKFLOW, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; © DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED MEMBERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ONLINE OR OFFLINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS. VERIFIEDBACKFLOW.COM DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Verifiedbackflow.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with a tester or manager/owner through the tools available on Verifiedbackflow.com. In person, it is up to each party to check the validity of each partys identy, title, and credentials.
The Service is only a platform for connecting Users. Because Verifiedbackflow.com.com is not involved in the actual contact between Users or in the completion of the work, in the event that you have a dispute with one or more Users, you release Verifiedbackflow.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Verifiedbackflow.com expressly disclaims any liability that may arise between Users of its Service.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VERIFIEDBACKFLOW AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Verifiedbackflow agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Verifiedbackflow are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Verifiedbackflow agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Sacramento, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Verifiedbackflow also agree that the state or federal courts in Sacramento County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND VERIFIEDBACKFLOW WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or © bar your access to any of such files or Services.
No agency, partnership, joint venture, employee employer, or franchiser franchisee relationship is intended or created by this User Agreement
Fees and Payments
By providing Verifiedbackflow with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Verifiedbackflow to charge you for the Services using your payment method. To pay the charges for a service or content delivered through the Services, you will be asked to provide a payment method at the time you sign up for that service. You can access and change your billing account information and payment method on your account profile. Additionally, you agree to permit Verifiedbackflow to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
Verifiedbackflow.com does not charge any user to become a member. Owners/Managers of backflow devices are able to post jobs relating to backflow work for free. Fees are collected from Testers to bid on jobs. The price that the Tester is charged is shown before bidding on a job. The prices will vary and slide depending on the size and scale of the job. Because of the nature of credit card fees incurred by Verifiedbackflow a Tester will not be charged until the amount that they owe is equal or greater than ten american dollars or if any amount of money is owed to Verifiedbackflow for longer than one month starting from the first amount owed.
IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH BIDDING TRANSACTION AND RETAIN IT FOR YOUR RECORDS. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Verifiedbackflow.com has identified a billing error, we will correct that error within 90 days.
All fees paid and charges made prior to termination as provided herein, are nonrefundable. Termination of your membership shall not relieve you of any obligations to pay accrued charges.
Modifications to Fees or Billing Terms
VERIFIEDBACKFLOW RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING WITHOUT LIMITATION THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY VERIFIEDBACKFLOW, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your membership by contacting customer service. Your continued use of the Service(s) following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO VERIFIEDBACKFLOW TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) YOU USE.
Credit Card Authorization
To ensure that your credit, debit or charge card is not being used without your consent, Verifiedbackflow may validate name, address and other personal information supplied by you during your signup against appropriate third party databases including, without limitation, registered credit reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made.
If you have a complaint about any service we provide, please contact us first. Customer satisfaction is very important to us, and we strive to stand behind the services that we offer. We will make every attempt to ensure that you are completely satisfied with the services we’ve provided you. Fraudulent chargebacks (chargebacks filed for services you did receive or issues that are listed in the terms and conditions herein) will be assessed a $85.00 fraudulent chargeback fee and, in addition, the fees charged by the credit card company. You are responsible for charge back fees consisting of attorney’s fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.
Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees, Verifiedbackflow.com reserves the right to collect any amounts owing to Verifiedbackflow by any legal means.
Ratings and Testimonials
You may not do anything that may harm the integrity of the Verifiedbackflow.com’s rating system. We are entitled to terminate or suspend your membership at any time if we, in our sole discretion, are concerned by any feedback about you, your rating, or testimonials about you that are considered to be problematic to Verifiedbackflow.com.
User Disputes, Interactions and transactions
Verifiedbackflow and its representatives are not parties to, have no involvement or interests in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. Any disputes regarding arrangements between Users remain solely between Users. We are not involved in any transactions between you and any other users of Verifiedbackflow.com. You acknowledge and agree that Verifiedbackflow.com will not be a party to any such dispute. If you have a dispute with any other users of the Site, you hereby release Verifiedbackflowr.com from any and all claims, and damages, actual and consequential, of every kind and nature, that is related to such a dispute. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Verifiedbackflow or any Verifiedbackflow representatives.