Welcome! Join The Thousands Of Happy Customers Who Found The Perfect Home Garage Door Pros Right Here! Are You a Garage Door Pro?
Last Updated: June 11, 2015
Open Garage Door is a consumer service for finding and hiring local garage door providers and other professionals in the industry (“service professional” or “service providers”) through our website www.opengaragedoor.com (the “Site”, “Website” “Service” or “Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO OUR TOS YOU MAY NOT USE OUR SERVICE. OUR SERVICE MAY ONLY BE USED BY INDIVIDUALS WHO ARE U.S RESIDENTS AND AT LEAST 13 YEARS OLD.
1. Using Our Service
1.1. The Agreement
1.2. Who Can Use Our Service
1.3 License to Use Service
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to use our Service.
1.4 Use of Our Service
As described above Open Garage Door is a consumer service website for finding and hiring service professionals. Your interactions with service professionals found on or through the Website, including payment of and performance of their services are “at your own risk” and solely between you and such service professional. You should make all necessary investigation and/or inquiries before hiring service professional found on or through the Website. We do not and cannot make representations as to the suitability of any service provider you may decide to interact with on or through the Website. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND A SERVICE PROFESSIONALS FOUND ON OR THROUGH THE WEBSITE. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND A SERVICE PROFESSIONAL FOUND ON OR THROUGH THE WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPEN GARAGE DOOR, AND ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, ATTORNEYS, LICENCORS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PROPERTY DAMAGE, PERSONAL INJURY, OR OTHER INTANGIBLE LOSSES CAUSED BY YOUR USE OF OUR SERVICE.
1.5 The Quality of Our Service
The Company shall continue to use its best efforts to provide, update, improve, and expand the Service. As a result, we allow you to access our Service as it may be available and operate on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue our Service, partially or entirely, or change and modify any information set forth therein prospectively for all or part of the Service for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our Site or by direct communication to you unless otherwise noted. The Company reserves the right to withhold, remove, or discard any content available as part of your use of the Service, with or without notice if deemed by us to be contrary to this Agreement. We have no obligation to store, maintain, or provide you a copy of any content that you or other Users provide when using the Service.
2. The Information you choose to share with us, Content and Use of the Service
2.1. The Information you choose to share with us
2.2. Your Contributions
If you submit your information, ideas and suggestions in any form, with or without our request ("Contributions"), whether online, by email, mail or otherwise you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your submission or our use of such Contributions.
2.3. Non-Commercial use and Fraud by users
2.5. Privacy of Your Information
We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Service. We claim ownership rights to all text, photos, graphics and software on our Site (collectively, the "Materials"), and the Materials are protected by copyright, trademark, trade dress, domain name, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Copying, modifying, transmitting, creating any derivative works from, making use of, or reproducing in any way our intellectual property or proprietary rights, without our prior written consent, is strictly prohibited. Please be advised that we will aggressively enforce our intellectual property rights to the fullest extent permitted by law.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. OPEN GARAGE DOOR AND ITS AFFILIATES, PARENTS COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENCORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND A SERVICE PROFESSIONALS FOUND ON OR THROUGH THE WEBSITE.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPEN GARAGE DOOR AND ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENCORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PROPERTY DAMAGE, PERSONAL INJURY, OR OTHER INTANGIBLE LOSSES CAUSED BY YOUR USE OF THE SERVICE.
You agree to defend, indemnify, and hold Open Garage Door, its affiliates, subsidiaries, parent companies, directors, officers, employees, agents, partners and licencors, harmless for all damages, losses, costs, claims or demands (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by: (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws; (2) any content you submit to the Service, and (3) any activity in which you engage on or through the Service.
You may terminate this Agreement, for any or no reason, at any time, by terminating your use of the Service. Upon termination you must cease from using our Service. The terms of this Agreement shall survive any termination.
8. Governing Law and Dispute Resolution
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the State of New York regardless of your country of origin or where you access our Service, and notwithstanding any conflicts of law principles. You agree that all claims arising out of or related to this Agreement must be resolved exclusively by a State or Federal Court located in New York County, New York. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. ANY PROCCEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
9. No Injunctive Relief
In no event shall you seek or be entitled to recission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
10. General Terms
10.1. Entire Agreement
You agree that this Agreement rescission constitutes the entire, complete and exclusive agreement between you and the Open Garage Door regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use Third-Party Sites.
13.2. Amendments to This Agreement
We reserve the right, in our sole discretion and without further notice, to edit, delete, modify, supplement, or replace the terms of this Agreement where the amendment shall be effective on the date it was published. If you do not want to agree to changes to this Agreement, do not use our Service.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible effect of the intention of the provision. If a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
13.4. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers, or other acts or omissions by Us or our partners shall be deemed legally binding on Open Garage Door unless documented in a physical writing hand-signed by a duly authorized officer of Open Garage Door.
13.5. Assignment and Delegation
We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, for any third party that assumes our rights and obligations under this Agreement.
13.6. Notices and Contact Information
If you have any questions or concerns, please contact us by e-mail at Contact@opengaragedoor.com (please do not include sensitive information as email communication will not necessarily be secure).
Any notices that you provide without compliance with this section shall have no legal effect.
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