Terms & Conditions

By entering your email, logging into your account, or accepting notifications, you agree to receive GoPlumber deals. You may unsubscribe at any time. Welcome to the GoPlumber Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us on our website. These Terms of Use were last updated on December 20, 2023.

ACCEPTANCE OF TERMS OF USE

GoPlumber, LLC. (“ GoPlumber ”” we ” or “ us ” or “ our ”)owns and operates the website, www.goplumber.co, the mobile andtouch versions and any sites we have now or in the future that reference theseTerms of Use (collectively, ” Site “). By (a) usingthe Site and GoPlumber’s services through the Site, (b) signing up for anaccount and/or (c) completing a purchase on the Site, you agree to these Termsof Use (defined below) and any additional terms applicable to certain programsin which you may elect to participate. You also agree to our Privacy Statement,incorporated herein by reference and located within our Privacy Policy ( “PrivacyStatement” ), and acknowledge that you will regularly visit theTerms of Use (defined below) to familiarize yourself with any updates. The PrivacyStatement, together with these terms of use, and any other terms containedherein or incorporated herein by reference, are collectively referred to as the” Terms of Use .” The term “using” alsoincludes any person or entity that accesses or uses the Site with crawlers,robots, data mining, or extraction tools or any other functionality. IF YOU DONOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USEANY GOPLUMBERSERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCTOR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE. PLEASE REVIEW THE FOLLOWINGSECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTERESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTIONWAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND(C) INDEMNIFICATION/RELEASE..

1. About the Site

The Site is a platform through whichcertain merchants (“Merchants”) (a) provide vouchers for goods,services, or experiences (“Vouchers”),(b) sell gift cards (“MerchantGiftCards ”), (c) sell goods and services directly to you (“MerchantProducts ”),(d) make available coupons, promotional codes, giveaways, samples, and offersfor software downloads (“Coupons”), (e) sell dining experiences forspecific dates and times (” Reservations “), (f) sell food, beverageand other products for delivery and takeout (“OnlineOrdering ”), (g)make available certain offers, including “ card linked deals ” (as defined inthe Special Programs section of the Terms of Use), and (h) enable you toschedule use of your Voucher on a specific date and time (“Bookings”)(collectively (a)-(h),“ Merchant Offerings ”). Merchants are the sellers andissuers of the Merchant Offerings and are solely responsible to you for thecare, quality, and delivery of the goods and services provided. Vouchers may bedistributed by GoPlumber, LLC or GoPlumber. More information about thedistributor of a particular Voucher is available upon request. GoPlumber is notan agent of GoPlumber or Merchants. GoPlumber is not an agent of GoPlumber orMerchants. In addition, the Site also provides a platform through which you canpurchase products from GoPlumber(“Products ”) and participate in otheravailable programs. Certain Merchant Offerings, Products, other availableprograms and pricing on the Site may change at any time in GoPlumber’s solediscretion, without notice.

2. Ownership of the Site

The Site, any content on the Site,and the infrastructure used to provide the Site are proprietary to us, ouraffiliates, Merchants, and other content providers. By using the Site andaccepting these Terms of Use:(a) GoPlumber grants you a limited, personal,nontransferable, nonexclusive, revocable license to use the Site pursuant tothese Terms of Use and to any additional terms and policies set forth by GoPlumber;and (b) you agree not to reproduce, distribute, create derivative works from,publicly display, publicly perform, license, sell, or re-sell any content,software, products, or services obtained from or through the Site without theexpress permission of GoPlumber

3. Use of the Site

As a condition of your use of theSite, you agree that:

• You have reached the age of majority in the state or province in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the Site will at all times comply with these Terms of Use; You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
• You will only make purchases on the Site for your own use and enjoyment or as a gift for another person;
• You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
• You will update and correct information you have submitted to the Site, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
• You will only purchase a Merchant Offering, Product, or participate in other available programs through the Site by creating an account or using the guest checkout feature on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. Access to the Site

GoPlumber retains the right, at oursole discretion, to deny service or use of the Site or an account to anyone atany time and for any reason. While we use reasonable efforts to keep the Siteand your account accessible, the Site and/or your account may be unavailablefrom time to time. You understand and agree that there may be interruptions inservice or events, Site access, or access to your account due to circumstancesboth within our control (e.g., routine maintenance) and outside of our control.

5. Modification

We reserve the right at all times todiscontinue or modify any part of these Terms of Use in our sole discretion. Ifwe make changes that affect your use of the Site or our services we will postnotice of the change on the Terms of Use page. Any changes to these Terms ofUse will be effective upon our posting of the notice; provided that thesechanges will be prospective only and not retroactive. If you do not agree tothe changes, you may close your account and you should not use the Site or anyservices offered through the Site after the effective date of the changes. Wesuggest that you revisit our Terms of Use regularly to ensure that you stayinformed of any changes. You agree that posting notice of any changes on theTerms of Use page is adequate notice to advise you of these changes, and thatyour continued use of the Site or our services will constitute acceptance ofthese changes and the Terms of Use as modified.

6. Your Account

You may only create and hold oneaccount on the Site for your personal use. You are responsible for updating andcorrecting information you have submitted to create or maintain your account.As part of your account settings, you have the option to: (a) save, edit, ordelete your personal information, including, without limitation, and (b)opt-out of persistent login. You understand and agree thatGoPlumber shall haveno responsibility for any incident arising out of, or related to, your accountsettings. You must safeguard your password and supervise the use of your account.You are solely responsible for maintaining the security of your account andmaintaining settings that reflect your preferences. We will assume that anyoneusing the Site or transacting through your account is you. You agree that youare solely responsible for any activity that occurs under your account. TheSite may permit you to make purchases without an account or without logging into your account by using the guest checkout feature. If you make a purchase inthis manner and you do not already have an account with us, we will create anaccount for you based on the information provided to us in connection with thetransaction (e.g., your name, address, e-mail address, and other transactioninformation). You may later claim this account by creating a password for theaccount. Your account is non-transferrable. You cannot sell, combine, orotherwise share it with any other person. Any violation of these Terms of Use,including, without limitation, failure to maintain updated and correctinformation about your account (e.g., valid credit card information) will causeyour account to fall out of good standing and we may cancel your account in oursole discretion. If your account is cancelled, you may forfeit any pending,current, or future account credits (e.g., GoPlumberCredits), and any otherforms of unredeemed value in your account without notice. Upon termination, theprovisions of these Terms of Use that are, by their nature, intended to survivetermination (e.g., any disclaimers, all limitations of liability, and allindemnities) shall survive. We also reserve the right to change or discontinueany aspect or feature of our services or the Site, including, withoutlimitation, requirements for use.

7. Your Conduct

All interactions on the Site mustcomply with these Terms of Use. To the extent your conduct, in our solediscretion, restricts or inhibits any other user from using or enjoying anypart of the Site, we may limit or terminate your privileges on the Site andseek other remedies, including, without limitation, cancellation of youraccount or forfeiture of any forms of unredeemed value in your account.

• Submitting any content to the Site that:

  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
  • Contains personal information, except when we expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential, or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of GoPlumber purporting to speak on behalf of GoPlumber or provides confidential information concerning GoPlumber;
  • Contains chain letters of any kind;
  • Is purposely inaccurate, commits fraud, or falsifies information in connection with your
  • GoPlumber account or to create multiple GoPlumber accounts; or
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

• Attempting to do or actually doing any of the following:

  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.

• Using any of the following:

  • Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission;
  • Any Site content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with GoPlumber; or
  • The Site or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with GoPlumber, including, without limitation, aggregating current or previously offered deals.

• Collecting any of the following:

  • Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
  • Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below), or content of any consumers or Merchants.

• Engaging in any of the following:

  • Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by GoPlumber;
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or
  • Products, or otherwise using any GoPlumber account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
  • Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
  • Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
  • Hyperlinking to the Site from any other website without our initial and ongoing consent; or Acting illegally or maliciously against the business interests or reputation of GoPlumber, our Merchants, or our services.

8. Your Privacy

We take the privacy of your PersonalInformation (defined in the Privacy Statement) seriously. We encourage you tocarefully review our Privacy Statement for important disclosures about waysthat we may collect, use, and share personal data and your choices. Our PrivacyStatement is incorporated in and subject to these Terms of Use.

9. Terms of Sale

By purchasing or obtaining anyMerchant Offering or Product via the Site, you agree to these Terms of Use,including, without limitation, the Terms of Sales.

10. Special Programs

By participating in special programsoffered by GoPlumber, such as GoPlumberCredits, and Coupons Deals you agree tothe additional terms of each program.

11. Copyright andTrademarks

The Site contains copyrightedmaterial, trademarks, and other proprietary information, including, withoutlimitation, text, software, photos, video, graphics, music, and sound, and theentire contents of the Site are protected by copyright, trademark, and otherintellectual property laws of the United States. GoPlumber owns a copyright inthe selection, coordination, arrangement, and enhancement of such content, aswell as in the content original to it. You may not modify, distribute, publish,transmit, publicly display, publicly perform, participate in the transfer orsale, create derivative works, or in any way exploit any of the content, inwhole or in part. Except as otherwise expressly stated under copyright law, nodownloading, copying, redistribution, retransmission, publication, orcommercial exploitation of the content without the express permission of GoPlumberor the copyright owner is permitted. If downloading, copying, redistribution,retransmission, or publication of copyrighted material is permitted, you willmake independent attribution and/or make no changes in or deletion of anyauthor attribution, trademark legend, or copyright notice. You acknowledge thatyou do not acquire any ownership rights by downloading copyrighted material.Any violation of these restrictions may result in a copyright, trademark, orother intellectual property right infringement that may subject you to civiland/or criminal penalties.

12. User Content

The Site may provide registered usersand visitors various opportunities to submit or post reviews, opinions, advice,ratings, discussions, comments, messages, survey responses, and othercommunications, as well as files, images, photographs, video, sound recordings,musical works, and any other content or material submitted or posted to theSite (collectively, ” User Content “) through forums, bulletinboards, discussion groups, chat rooms, surveys, blogs, or other communicationfacilities that may be offered on, through, or in connection with the Site fromtime to time. You may be required to have anGoPlumber account to submit UserContent. If you contribute any User Content, you will not upload, post, orotherwise make available on the Site any material protected by copyright,trademark, or other proprietary right without the express permission of theowner of the copyright, trademark, or other proprietary right. GoPlumber doesnot have any express burden or responsibility to provide you with indications,markings, or anything else that may aid you in determining whether the materialin question is copyrighted or trademarked. You will be solely liable for anydamage resulting from any infringement of copyrights, trademarks, proprietaryrights, or any other harm resulting from such a submission. In addition, if youcontribute any User Content, you represent and warrant that: (a) you are thecreator of the User Content; or (b) if you are acting on behalf of the creator,that you have (i) express, advance authority from the creator to submit or postthe User Content, and that they have waived any moral rights in such UserContent, and (ii) all rights necessary to grant the licenses and grants inthese Terms of Use. You further represent and warrant (or, if you are acting onbehalf of the creator of the User Content, you have ensured that the creatorrepresents and warrants) that the use and sharing of the User Content for thepurposes you have selected will not violate or infringe any copyrights,trademarks, or any other intellectual property rights or rights of thirdparties, including, without limitation, the rights of publicity or privacy. Yourepresent and warrant that you will not upload, post, transmit, or otherwisemake available User Content that is unlawful, harmful, tortious, threatening,abusive, harassing, hateful, racist, infringing, pornographic, obscene,violent, misleading, defamatory or libelous, invasive of the privacy of anotherperson, or violative of any third-party rights; and that you will not upload,post, transmit, or otherwise make available User Content that contains anymaterial that harbors viruses or any other computer codes, files, or programsdesigned to intercept, misappropriate, interrupt, destroy or limit thefunctionality of any software or computer equipment. GoPlumber shall have thesole and absolute right, but not the obligation, to review, edit, post, refuseto post, remove, monitor the User Content, and disclose the User Content andthe circumstances surrounding its transmission to any third-party, at any time,for any reason, including, without limitation, to determine compliance withthese Terms of Use and any operating rules established by GoPlumber, as well asto satisfy any applicable law, regulation, or authorized government request.Without limiting the foregoing, GoPlumber shall have the right to remove anymaterial from the Communities or any other GoPlumber controlled sites, in itssole discretion. GoPlumber assumes no liability for any User Content or otherinformation that appears or is removed from the Site or elsewhere. GoPlumber hasno obligation to use User Content and may not use it at all. In some instancesand from time to time, it may be possible to modify or remove the User Contentsubmitted or posted through your account. GoPlumber makes no representations orwarranties that the User Content you modify or remove will be modified orremoved from the Site or elsewhere, or that the User Content will cease toappear on the Internet, in search engines, social media websites, or in any otherform, media or technology.

• Public Nature of Your User Content.

  • You understand and agree that User Content is public. Any person (whether or not a user of GoPlumber’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. GoPlumber is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by GoPlumber. Other users may post User Content that is inaccurate, misleading, or deceptive. GoPlumber does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of GoPlumber. GoPlumber does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.

• License Grants.

  • Some User Content you submit to GoPlumber may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant GoPlumber a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, GoPlumber shall have no obligation to use your Personal Information in connection with any User Content.
  • As between you and GoPlumber, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant GoPlumber a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. GoPlumber’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.
  • As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

13. Unsolicited Ideas

We do not accept or consider,directly or through any GoPlumber employee or agent, unsolicited ideas of anykind, including, without limitation, ideas or suggestions relating to new orimproved products, enhancements, names or technologies, advertising andmarketing campaigns, plans, or other promotions. Do not send us (or any of ouremployees) any unsolicited ideas, suggestions, material, images, or other workin any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials,you understand and agree that the following terms will apply, notwithstandingany cover letter or other terms that accompany them:

• GoPlumber has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
• GoPlumber will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

14. InfringementReporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

• Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“ IP Rights Owner ”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“ Authorized Agent ”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to GoPlumber\’s attention, you can report your concern(s) by submitting your Infringement complaint.
• DMCA Procedures. GoPlumber reserves the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. GoPlumber may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site, if GoPlumber determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to GoPlumber\’s attention, you must provide GoPlumber\’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

15. Disclaimer ofWarranty

AS PERMITTED BY APPLICABLE LAW, YOUEXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER GoPlumber,NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES,AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIROFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BEUNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTYAS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THEACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE,INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLEPROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLEPROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALLCONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANTOFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLETHROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “ASAVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, GoPlumber HEREBYDISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHEREXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT,USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANTOFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLETHROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OFTITLE,NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESSFOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OFPERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARENOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THEAPPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS ORWARRANTIES BY GoPlumber THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

16. Limitation ofLiability

AS PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL GoPlumber, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIRRESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS,THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS,DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSTPROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OFTHE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING,WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHERCONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TOUSE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D)THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE ORAVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINEDDIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OFINFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANYPERSONAL INFORMATION. IN NO EVENT WILL GoPlumber’s LIABILITY IN CONNECTION WITHA MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTSPAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONSIN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY AMERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESSREPRESENTATIONS OR WARRANTIES BY GoPlumber THAT ARE INCLUDED IN OTHERAPPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FORPRODUCT-RELATED INJURY.

17. ElectronicCommunications

When you use the Site or send emailsto GoPlumber, you are communicating with us electronically and consent toreceive electronic communications related to your use of the Site. We willcommunicate with you by email or by posting notices on the Site. You agree thatall agreements, notices, disclosures, and other communications that areprovided to you electronically satisfy any legal requirement that such communicationsbe in writing. Notices from us will be considered delivered to you andeffective when sent to the email address you provide on the Site or from whichyou otherwise email us.

18. Websites of Others

The Site contains links to websitesmaintained by other parties. These links are provided solely as a convenienceto you and not because we endorse or have an opinion about the contents on suchwebsites. We expressly disclaim any representations regarding the content oraccuracy of materials on such websites or the privacy practices of thosewebsites. If you decide to access websites maintained by other parties, you doso at your own risk. We are not responsible or liable, directly or indirectly,for any damage, loss, or liability caused or alleged to be caused by or inconnection with any use of or reliance on any content, Products, or servicesavailable on or through any such linked site or resource.

19.Indemnification/Release

You agree to defend, indemnify, andhold harmless GoPlumber, its subsidiaries and affiliates, and their respectivedirectors, officers, employees and agents from and against all claims andexpenses, including, without limitation, attorneys’ fees, arising out of,related to, or in connection with any of the following: (a) any User Contentsubmitted or posted by you, in connection with the Site, or any use of the Sitein violation of these Terms of Use; (b) fraud you commit or your intentionalmisconduct or gross negligence; or (c) your violation of any applicable U.S.,Canadian, or foreign law or rights of a third-party. You are solely responsiblefor your interactions with Merchants and other users of the Site. To the extentpermitted under applicable laws, you hereby release GoPlumber from any and allclaims or liability related to any product or service of a Merchant, regardlessof whether such product or service is a Merchant Offering available through theSite, any action or inaction by a Merchant, including, without limitation, butnot limited to any harm caused to you by action or inaction of a Merchant, aMerchant’s failure to comply with applicable law and/or failure to abide by theterms of a Merchant Offering or any other product or service purchased orobtained by you from the Merchant, and any conduct, speech or User Content,whether online or offline, of any other third-party.

20. Force Majeure

GoPlumber shall be excused fromperformance under these Terms of Use, to the extent it or a Merchant isprevented or delayed from performing, in whole or in part, as a result of anevent or series of events caused by or resulting from: (a) weather conditionsor other elements of nature or acts of God; (b) acts of war, acts of terrorism,insurrection, riots, civil disorders, or rebellion; (c) quarantines orembargoes; (d) labor strikes; (e) error or disruption to major computerhardware or networks or software failures; or (g) other causes beyond thereasonable control of GoPlumber or a Merchant, as applicable.

21. Assignment

You may not assign these Terms ofUse, or any rights, benefits, or obligations hereunder, by operation of law orotherwise, without the express written permission of GoPlumber. Any attemptedassignment that does not comply with these Terms of Use shall be null and void.GoPlumber may assign these Terms of Use, in whole or in part, to anythird-party in its sole discretion.

22. Entire Agreement

The Terms of Use, including, withoutlimitation, the incorporated Terms of Sale, Special Programs, Privacy Statement,and other terms incorporated by reference, constitute the entire agreement andunderstanding between you and GoPlumber with respect to the subject matterhereof and supersedes all prior or contemporaneous communications andproposals, whether oral or written, between you and GoPlumber with respect tosuch subject matter.

23. Choice of Law

Any disputes arising out of orrelated to these Terms of Use and/or any use by you of the Site or GoPlumber’sservices shall be governed by the laws of the State of Illinois, without regardto its choice of law rules and without regard to conflicts of lawsprinciples.If you reside in Canada, any disputes arising out of or related tothese Terms of Use and/or any use by you of the Site or GoPlumber’s servicesshall be governed by the laws of the Province in which you reside at the timeyou enter into these Terms of Use, without regard to its choice of law rulesand without regard to conflicts of laws principles. GoPlumber and youspecifically disclaim the application of the United Nations Convention onContracts for the International Sale of Goods as that Convention may beincorporated into applicable law.

24. DisputeResolution/Arbitration Agreement

(a) Binding Arbitration. Except asspecifically stated herein, any dispute or claim between you and GoPlumberand/or its subsidiaries, affiliates, and/or any of their respective members,officers, directors, and employees (all such entities collectively referred toherein as the “GoPlumber Entities”) arising out of, relating in any way to, orin connection with the Terms of Use, the Site or your use of the Site, yourPersonal Information, or any Products or Merchant Offerings (“Dispute(s)”)shall be resolved exclusively by final, binding arbitration; except that youmay bring a qualifying claim over a Dispute in a small claims court. By virtueof this Dispute Agreement (defined below), you and GoPlumber are each giving upthe right to go to court and have a Dispute heard by a judge or jury (except asotherwise set forth in this Section 24(a) or Section 24(d)). The provisions ofthis Section 24 shall constitute your and GoPlumber’s written agreement toarbitrate Disputes under the Federal Arbitration Act (“ Dispute Agreement ”).The arbitration will be administered by the American Arbitration Association (“AAA ”) and conducted before a single arbitrator pursuant to its rules,including, without limitation, the AAA’s Consumer-Arbitration Rules, availableat the ADR Consumer site. The arbitrator will apply and be bound by this Agreement,apply applicable law and the facts, and issue a reasoned award, if appropriate.To begin an arbitration proceeding, you must submit the Dispute by utilizingthe forms available at ADR Consumer site, and simultaneously sending a copy ofthe completed form to the following address: C T Corporation System, 208 S.LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing,administration, and arbitrator fees will be governed by the AAA\’s rules. GoPlumberwill reimburse those fees for Disputes totaling less than $10,000 unless thearbitrator determines the Dispute is frivolous. Likewise, GoPlumber will notseek attorneys\’ fees and costs in arbitration unless the arbitrator determinesthe Dispute is frivolous. The arbitration will be conducted based upon writtensubmissions unless you request, and/or the arbitrator determines, that atelephone or in-person hearing is necessary. In addition, you herebyunconditionally agree that (1) the arbitrator’s decision shall be controlled bythese Terms of Use and any of the other agreements referenced herein that youmay have entered into in connection with the Site; (2) the arbitrator shallapply Illinois law consistent with the FAA and applicable statutes oflimitations, and shall honor claims of privilege recognized at law; and (3) inthe event the AAA is unavailable or unwilling to hear the Dispute, you and theapplicable GoPlumberEntity(ies) shall agree to, or a court shall select,another arbitration provider. (b) No Class Action Matters . We each agree thatwe shall bring any Dispute against the other in our respective individualcapacities and not as a plaintiff or class member in any purported class,representative proceeding or as an association. In addition, we each agree thatDisputes shall be arbitrated only on an individual basis and not in a class,consolidated, or representative action and that the arbitrator may award relief(including injunctive relief) only on an individual basis. The arbitrator doesnot have the power to vary these provisions. (c) Choice of Law and Forum; NoJury Trial . If for any reason a Dispute proceeds in court: (i) except withrespect to a qualifying claim over a Dispute in a small claims court, which youshall have the right to bring in a court of competent jurisdiction in thecounty in which you reside, you and GoPlumber agree that any Dispute may onlybe instituted in a state or federal court in Cook County, Illinois/NorthernDistrict of Illinois; (ii) you and GoPlumberirrevocably consent and submit tothe exclusive personal jurisdiction and venue of such courts for resolution ofsuch Disputes; and (iii) you and GoPlumber agree to waive any right to a trialbyjury. You and GoPlumber agree that the Federal Arbitration Act, the AAArules, applicable federal law, and the laws of the State of Illinois, withoutregard to principles of conflicts of law, will govern this Dispute Agreementand any Disputes. (d) Injunctive Relief. Notwithstanding anything to thecontrary in this Dispute Agreement, either party may bring suit in courtseeking an injunction or other equitable relief arising out of or relating tothe infringement of a party’s intellectual property, or any illegal orintentional act affecting the accessibility, functionality, or the security ofthe Site, and/or any illegal or intentional act against your interests or thegeneral business interests of GoPlumber. (e) Severability . With the exceptionof Section 24(b) above, if any part of this Section 24 is ruled to beunenforceable, then the balance of this Section 24 shall remain in full effectand construed and enforced as if the portion ruled unenforceable were notcontained herein. If Section 24(b) above is ruled to be unenforceable, thenSection 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remainin full effect.

25. AdditionalDisclosures

No waiver by either you or GoPlumberof any breach or default or failure to exercise any right allowed under theseTerms of Use is a waiver of any preceding or subsequent breach or default or awaiver or forfeiture of any similar or future rights under our Terms of Use.The section headings used herein are for convenience only and shall be of nolegal force or effect. If a court of competent jurisdiction holds any provisionof our Terms of Use invalid, such invalidity shall not affect theenforceability of any other provisions contained in these Terms of Use, and theremaining portions of our Terms of Use shall continue in full force and effect.You are contracting with GoPlumber, Inc. If you are a California resident, youmay report complaints to the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs bycontacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento,California 95834, or by telephone at (800) 952-5210. The provisions of theseTerms of Use apply equally to, and are for the benefit of, GoPlumber, itssubsidiaries, affiliates, Merchants, and its third-party content providers andlicensors, and each shall have the right to assert and enforce such provisionsdirectly.