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Terms of Service Updated February 15th 2007
Dryout® Inc. 1415 Colonial Blvd. Fort Myers, Fl. 33907 1-800-330-1504
This agreement ("Agreement") is entered into by Dryout®, Inc. d/b/a Dryout ("Dryout ") and you as a user of the website ("You"), and you acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on this website, shall govern your use of our software and service. Software deployment on your web site is mandatory and the use of it is provided on a limited license use the (the "Service"). The software is designed to process job, estimates and bid leads. No warranty on leads. No Guarantee on volume or amount of leads.
Living Agreement
Dryout reserves the right to revise this Agreement and/or the contents of this website at any time for any reason without notice. You further acknowledge and agree that you will be bound by any such revisions to the Agreement. For this reason, Dryout encourages you to periodically visit the website and review the terms and conditions of this Agreement. Prices and Fees are subject to change.
Dryout reserves all rights afforded by the laws of the state of Florida, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the Dryout website.
Fees and Charges "All Sales Final”
Dryout accepts payment for the Software and Service by credit card only. You must provide Dryout with current, valid credit card account information at the time that you first contract for the software. By providing Dryout Inc. Your credit card information you certify and authorizing Dryout Inc. to charge your Credit Card upon joining/membership. Dryout will then bill your credit card the total due for the current month, prorated from the starting date of subscription. Following months fees will be automatically billed to your credit card in your account each subsequent month. This is a recurring Fees payment structure.
Notices and or Price changes
All Fees are subject to change. All price changes will be sent to clients prior to contract renewals.
Membership / Billing
Membership / billing will be automatically renewed. You agree to pay and authorize Dryout to charge the credit card you provided in the amount of the then-current monthly subscription cost for the Software.
Termination / Account Cancellation
Dryout Inc. 1415 Colonial Blvd. FM FL. 33907
Dryout’s handling of Notice of cancellation
Dryout Inc. for your protections does not recognize e-mail cancellation notices due to the possibility they may be counterfeit. Accordingly contracts may be cancelled by either party giving written notice prior to contract renewal. Cancellation notices Post marked at:
Dryout Inc. 1415 Colonial Blvd. FM FL. 33907
Limited License of Intellectual Property
All information and content contained on or in the Dryout website, including Software, but not limited to text, images, video, audio and data are owned by and proprietary to Dryout, its vendors and/or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to Dryout, its vendors and/or licensors. Except as otherwise specifically stated in this Agreement, You may duplicate, display, distribute, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by you may subject you to penalties or damages. Dryout will enforce its intellectual property rights to the full extent of the law.
Digital Millennium Copyright Act
If you believe that information or content contained of this website infringes on your copyright, please notify the copyright agent.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to this website may be used by Dryout for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if Dryout decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
Privacy of Email Addresses / Demographic Information / sales Policy
Dryout will occasionally send you periodic newsletters which may be of interest to you concerning upcoming events. E-mail address may be shared with trusted partners. Dryout Inc may use your account with Dryout to inform you of new benefits and service. New benefits and service may involve a price increase.
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. Dryout appreciates the importance of providing a secure environment on its website for the purpose of providing credit card information to process orders and applications, and will take all reasonable and customary steps to protect the information you provide. Please use all means to protect your personal information, particularly if you are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed. Applications submitted on this website are considered "pending acceptance and approval" and are not complete until a confirmation of approval and verified/acceptance has been sent by Dryout. In the event an application cannot be accepted/verified, any payment made shall be refunded or credited to the credit card account within a reasonable period.
Use of this Site at Own Risk
You acknowledge and agree that your use of the website and of the Service is at your own risk and that neither Dryout nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney's fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while Dryout will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the Dryout website are based upon current information, Dryout cannot and does not guarantee makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities UNDER NO CIRCUMSTANCES SHALL Dryout BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT WILL Dryout 'S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO Dryout, REGARDLESS OF THE FORM OF CLAIM.
Indemnification
You agree to indemnify and hold harmless Dryout, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit to Dryout.
Unlawful Content and Behavior
You acknowledge and agree that you will not post or transmit to this website any obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Dryout or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, Dryout assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to other websites, Dryout neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. Dryout has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by you to any other websites is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the Dryout website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by you will be construed and evaluated according to the laws of the United States. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where you access the website, the information is not meant for you. Dryout makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or your other use of this website or the Service, the laws of the State of Florida shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Lee County, Florida and further agree that the states and federal courts located in Lee County, Florida shall be the exclusive venue for the resolution of any dispute between Dryout and You.
Entire Agreement
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement, including any and all business between you and Dryout Inc. All additions to this agreement will be posted within this "Terms & Conditions". For this reason we encourage you to review this page frequently.
Waivers
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of Dryout.
Software Service:
The affiliate / Client understands and agrees that the service provided hereunder is that of a software service and as such has a recurring payment structure, all payments for the software service are due monthly.
Credit Card Terms and or Credit Terms:
The undersigned customer understands and agrees that in consideration for credit being extended herein, it/he/she/they shall be liable for all amounts charged, ordered, purchased, received and incurred upon credit, on open account, credit card payment or otherwise from DRYOUT INC. until such time as this agreement is cancelled by either party or until all amounts due hereunder are paid in full whichever is later. Customer further understands that it/he/she/they are responsible for these charges regardless of whether or not customer receives reimbursement from any insurance carrier or other third party. If the undersigned customer qualifies as the head of a family pursuant to Florida Statute 222.11, said natural person waives any exemption of wages from garnishment pursuant to Florida Statute Section 222.11 for any disposable earnings which are greater than $500.00 a week.
Furthermore, it is understood and agreed that all amounts due hereunder shall he paid promptly, or according to any special terms of a particular purchase of order; and should payments be made late, such overdue amounts shall accrue simple interest at a rate of One and One-Half Percent (1 1/2%) per month, until such amounts are paid. Customer agrees to a processing fee of $500.00 in conjunction with any and all chargebacks. Customer further understands that should any installment(s) be in default for a period of not less than ten days, said installment(s) shall be subject to a one-time delinquency charge in the amount of fifteen percent (15%) of any such installment in default, which delinquency charge shall not be deemed interest, pursuant to Florida Statute 687.03.
It is further understood and agreed that the affiliate or assignor/customer shall be liable for all costs, including reasonable attorney fees, collection fees, and secretarial fees, to be bill at $ 95.00 per hour administration fees to be bill at the cost of $ 125.00 per hour. Such fees will become due and payable immediately (including appellate fees), incurred by DRYOUT INC. for the collection of any sums due under this Agreement, subscription whether or not suit may be instituted. This agreement shall be deemed to have been made in Lee County, Florida, and shall be interpreted, and the rights and liabilities of the parties shall be determined in accordance with the laws of the State of Florida. If any Suit or action is instituted under this agreement, all parties agree to submit to personal jurisdiction in the State of Florida, with venue in Lee County, Florida. Everything stated in this application is correct to the best of my knowledge, it is understood that you will retain this application whether or not it is approved. You are authorized to make all appropriate credit inquiries of me or this company/corporation and of all references listed above and to answer questions about your credit experience with them. This agreement constitutes a promissory note between Affiliate/client customer/purchaser and DRYOUT INC., resulting in the Affiliate/ Purchaser/ Customer/ Client being personally liable for all costs arising out of this Subscription service contract.
This is an Agreement for software, you are granted a limited license to our software, Trademark or any other material by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software, distribute, pledge, assign, or otherwise or encumber rights to the Services or any Software.
Risk of Use:
Client understands and agrees and accepts risk involved with this agreement. No warranty on leads. No exclusivity on Leads. No Guarantee on volume or amount of leads.
Declaration of Use:
The affiliate and or client, You represent, covenant, and warrant The Services shall be used for your internal business purposes only, " your company only" and you shall not use the Services or any Software for purposes or otherwise for the benefit of a third party. You may not resell this service. You may not publicly display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, claims or other job information distributed to you by Dryout Inc. in connection with the Services. Violation of these restrictions may result in a per occurrence fee equal to the current monthly fee paid by you and the termination of this Agreement. You hereby authorize Dryout Inc to charge your credit card on file for the forgoing said fees.
Limited License of Trademark Logos and Protected Material:
You acknowledge and agree that the Services and the Dryout Inc. company names and logos and all related product and service names, design marks and slogans, are the property of Dryout Inc. (collectively, the "Marks"). You are authorized to use the Marks in any web site. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. Use of software and Marks are contingent upon your account being in good standing and payments current.
By using this site, I acknowledge that I have read and agree to the terms and conditions which govern the use of this website dryout.net and subsequent service provided herein. I have entered into this agreement by my own free will and agree to the above set of terms and conditions.
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