Terms of Service Agreement

Effective as of 02/12/2023 · Last updated: February 12, 2023

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/12/2023.

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with True Clean Hardwoods, located at 2810 Madison Grove Rd, Greenville, NC 27858 and our subsidiaries and affiliates, in association with the use of the True Clean Hardwoods website (the "Site") and its Services, which shall be defined below.

Description of Website Services Offered

The Site is operated by True Clean Hardwoods to provide information about and facilitate requests for our hardwood floor refinishing, screen and recoat, wax and acrylic removal, and clean and buff services.

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of True Clean Hardwoods. At its discretion, True Clean Hardwoods may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. True Clean Hardwoods does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that True Clean Hardwoods shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications.

Privacy Policy

Every user's registration data and various other personal information are strictly protected by the True Clean Hardwoods Online Privacy Policy (see the full Privacy Policy at /privacy-policy). As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by True Clean Hardwoods and/or our subsidiaries and affiliates.

Content Placed or Made Available for Company Services

True Clean Hardwoods shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for True Clean Hardwoods the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: content submitted or made available for inclusion on the publicly accessible areas of True Clean Hardwoods's sites, and any photos, audio, video and/or graphics submitted, are licensed to True Clean Hardwoods for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing.

Contributions to Company Website

True Clean Hardwoods provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: (a) your contributions do not contain any type of confidential or proprietary information; (b) True Clean Hardwoods shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; (c) True Clean Hardwoods shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; (d) the contributor's Contributions shall automatically become the sole property of True Clean Hardwoods; and (e) True Clean Hardwoods is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users herein agree to insure and hold True Clean Hardwoods, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of True Clean Hardwoods Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Modifications

True Clean Hardwoods shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Links

Either True Clean Hardwoods or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources.

Proprietary Rights

You do hereby acknowledge and agree that True Clean Hardwoods's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by True Clean Hardwoods, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on True Clean Hardwoods Services, in whole or part.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) THE USE OF TRUE CLEAN HARDWOODS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. TRUE CLEAN HARDWOODS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) TRUE CLEAN HARDWOODS MAKES NO SUCH WARRANTIES THAT TRUE CLEAN HARDWOODS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TRUE CLEAN HARDWOODS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (D) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; (E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Trademark Information

You herein acknowledge, understand and agree that all of the True Clean Hardwoods trademarks, copyright, trade name, service marks, and other True Clean Hardwoods logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of True Clean Hardwoods. You herein agree not to display and/or use in any manner the True Clean Hardwoods logo or marks without obtaining True Clean Hardwoods's prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

True Clean Hardwoods will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, please contact us using the information below.

General Information / Entire Agreement

This TOS constitutes the entire agreement between you and True Clean Hardwoods and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to True Clean Hardwoods Services.

Choice of Law and Forum

It is at the mutual agreement of both you and True Clean Hardwoods with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and True Clean Hardwoods, shall be filed within the courts having jurisdiction within North Carolina or the U.S. District Court located in said state.

Waiver and Severability of Terms

At any time, should True Clean Hardwoods fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this TOS to True Clean Hardwoods as follows:

Last updated: February 12, 2023