Tony Demaria Electric Inc. Terms of Use

Updated November 20, 2020

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website, mobile applications, and services offered by Tony Demaria Electric, Inc. (“TDE”). This Agreement sets forth the legally binding terms and conditions for your use of the websites (the “Sites”) and services provided by TDE (collectively, the “Services”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are customers, contributors of content, information and other materials or services on the Site.

1. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with TDE permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person. TDE may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. You may not transfer or sell your account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

2. Prohibited Use. By using the Services, you agree not to:

• be false, inaccurate, or misleading;
• reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
• remove or modify any copyright or other intellectual property notices that appear in the Services;
• use the Services in any way that is unlawful, or harms TDE, its service providers, suppliers, or any other user;
• impersonate another person or misrepresent your affiliation with another person or entity;
• upload invalid data, viruses, worms, or other software agents to the Services;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures TDE may use to prevent or restrict access to the Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
• use any of TDE’s trademarks as part of your user name or email address on the Services; or
• attempt to, or permit or encourage any third party to, do any of the above.

3. 3rd Party/Linked Services/Sent Information. The Services include links to third-party products, services and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your personal information (collectively, your “User Information”) to third parties not under TDE’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. TDE does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that TDE may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of TDE. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. TDE is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

4. Intellectual Property. The Services are owned and operated by TDE. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“TDE Materials”) provided by TDE are protected by intellectual property and other laws and are the property of TDE or TDE’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the TDE Materials, and TDE reserves all rights to the TDE Materials and Services not granted expressly in these Terms of Use. TDE’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

5. Access and Interference. TDE may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TDE is updated on a real-time basis and is proprietary or is licensed to TDE by TDE’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TDE for any purpose whatsoever, without TDE’s prior express written permission. Additionally, you agree that you will not:

• Take any action that imposes, or may impose, in TDE’s sole discretion, an unreasonable or disproportionately large load on TDE’s infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in policies set out on the Site, except to the extent expressly permitted by prior express written permission of TDE and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
• Bypass TDE’s robot exclusion headers or other measures TDE may use to prevent or restrict access to TDE.

6. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting [email protected]. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from TDE to use the Services will terminate automatically. In addition, TDE may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. TDE may alter, suspend or discontinue the Services or any portion of the Services without notice. TDE will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. TDE reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

7. Privacy Policy/Other Terms.

A. Privacy Policy. TDE will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.

8. Indemnification. You agree to indemnify, defend, and hold harmless TDE, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) your willful misconduct; and (e) any other party’s access to and/or use of the Services using your account and password. TDE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with TDE’s defense of that claim.

9. No Warranty. TDE, TDE’s subsidiaries, officers, directors, employees, and TDE’s suppliers provide TDE’s web site and services “as is” and without any warranty or condition, express, implied or statutory. TDE, TDE’s subsidiaries, officers, directors, employees and TDE’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from TDE shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

10. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL TDE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF TDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. THE AGGREGATE LIABILITY OF TDE AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (X) THE AMOUNT YOU HAVE PAID TO TDE FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (Y) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. Choice of Law; Disputes. In the event a dispute arises between you and TDE, please contact TDE. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the County of Los Angeles, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and TDE agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

12. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. TDE may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. TDE’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and TDE with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and TDE with respect to the Services. Sections 4 (Intellectual Property), 5 (Access and Interference), 6 (Termination/Changes to Agreement), 7 (Privacy Policy/Other Terms), 8 (Indemnification), 9 (No Warranty), 10 (Limitation of Liability/Exclusive Remedy), 11 (Choice of Law; Disputes) shall survive any termination or expiration of this Agreement.

13. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

14. Notices and License Disclosures. Except as explicitly stated otherwise, any notices shall be given by postal mail to Tony Demaria Electric, Inc., Attn: Webmaster, 131 W F St, Wilmington, CA 90744 (in the case of TDE) or, in your case, to the email address you provide to TDE (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TDE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDE. In such case, notice shall be deemed given three days after the date of mailing.