Terms of Service

These Terms of Service (this "Agreement") apply to all users of the Water Damage Restoration Atlanta website (the "Website"). The Website is operated by Water Damage Restoration Atlanta, a referral service connecting homeowners with local water damage restoration contractors in Atlanta, Georgia.

1. Agreement to Terms

By accessing this Website, you agree (on behalf of yourself and/or any entity you represent) to be bound by these Terms of Service, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws. You represent and warrant that you have the authority to enter into this Agreement on behalf of yourself or any such entity.

If you do not agree to any of these terms, you are prohibited from using or accessing this site. The materials contained on this Website are protected by applicable copyright and trademark law.

2. Use License

2.1 — Grant of License

Subject to this Agreement, Water Damage Restoration Atlanta ("us," "our," "we") grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, non-commercial purposes. This license is subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, encumber, or host the Website or any content displayed on it, in whole or in part.
• You shall not modify, create derivative works of, disassemble, reverse-compile, or reverse-engineer any part of the Website.
• You shall not access the Website for the purpose of building or creating a competing website, product, or service.
• Except as expressly stated in this Agreement, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

All copyright and other proprietary notices on the Website must be retained on all copies thereof. Any future release, update, or modification to the Website shall be subject to this Agreement.

2.2 — Termination

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Water Damage Restoration Atlanta at any time. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

2.3 — Prohibited Conduct

Any person who knowingly and with intent to defraud Water Damage Restoration Atlanta or any other person submits information to this Website that is materially false, or who conceals information for the purpose of misleading, violates these Terms of Service and shall be subject to a claim for damages, including reasonable attorney's fees.

3. Mobile Telephone Number

If you opt in to receiving promotional text messages or calls from Water Damage Restoration Atlanta, you agree to provide a valid mobile number. You agree to promptly update your mobile telephone number upon any change or deactivation, and to opt out of text message communications using your previous number before changing it.

To the extent permitted by applicable law, you agree that Water Damage Restoration Atlanta will not be liable for failed, delayed, or misdirected delivery of any information sent through the text message program, any errors in such information, or any action you may or may not take in reliance on the information.

4. Disclaimer

4.1 — "As Is" Warranty Disclaimer

The materials on the Water Damage Restoration Atlanta website are provided "as is." Water Damage Restoration Atlanta makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Water Damage Restoration Atlanta does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website.

4.2 — Informational Purpose

Water Damage Restoration Atlanta strives to provide useful information to help homeowners make informed decisions about water damage restoration services. We may provide information about different service options, local contractors, and restoration processes. This information is general in nature and may not apply to every specific situation or provider.

4.3 — No Endorsement

By providing information about various contractors and companies mentioned on the Website, Water Damage Restoration Atlanta makes no representation, express or implied, of any sponsorship by, or relationship with, any such company. All contractors are independent, and Water Damage Restoration Atlanta does not warrant or guarantee any work performed.

5. Limitations of Liability

The use of this Website and its contents is at your own risk. In no event shall Water Damage Restoration Atlanta or its suppliers be liable for any damages — including, without limitation, damages for loss of data or profit, or due to business interruption — arising out of the use or inability to use the materials on this Website, even if Water Damage Restoration Atlanta or an authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials on this Website could include technical, typographical, or photographic errors. Water Damage Restoration Atlanta does not warrant that any of the materials are accurate, complete, or current. We may make changes to Website content at any time without notice. We do not, however, make any commitment to update the materials.

7. Third-Party Links

Water Damage Restoration Atlanta has not reviewed all sites linked to from its Website ("Third-Party Links") and is not responsible for the content of any such Third-Party Links. The inclusion of any Third-Party Link does not imply endorsement by Water Damage Restoration Atlanta or of the linked site. Use of any such linked website is at the user's own risk.

8. Release

You hereby release and forever discharge Water Damage Restoration Atlanta (and its officers, members, employees, agents, affiliates, attorneys, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, fee, damage, cost, action, and cause of action of every kind and nature — including, but not limited to, personal injury, death, and property damage — that has arisen or arises directly or indirectly out of, or that relates in any way to, the Website (including any interactions with, or act or omission of, other users or any Third-Party Links).

If you are a California resident, you hereby waive the application of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9. Trademark Information

All trademarks, logos, and service marks ("Marks") displayed in connection with the Website are the property of Water Damage Restoration Atlanta or third parties. You may not use these Marks without the prior written consent of Water Damage Restoration Atlanta or the relevant third-party owner.

10. Modifications to Terms

Water Damage Restoration Atlanta may revise these Terms of Service at any time without notice. By using this Website, you agree to be bound by the then-current version of these Terms and Conditions of Use.

11. Governing Law

Any claim relating to this Website shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. The parties agree that the state courts sitting in Fulton County, Georgia, USA, and federal courts within the Northern District of Georgia, shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement. The parties waive any objection based on jurisdiction, venue, or inconvenient forum.

In any action or suit to enforce any right or remedy under this Agreement, Water Damage Restoration Atlanta shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees, if it is the prevailing party.

12. Dispute Resolution

12.1 — Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations before initiating a lawsuit or arbitration. All claims arising out of or relating to this Agreement and your use of the Website shall be finally settled by binding arbitration administered by the JAMS Alternative Dispute Resolution ("JAMS") in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including any claim that all or any part of this Agreement is void or voidable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration will be held in Atlanta, Georgia, or any other location as mutually agreed. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute. Notices to Water Damage Restoration Atlanta should be addressed to: Water Damage Restoration Atlanta, Atlanta, GA — Attention: Legal.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and that the right to discovery may be more limited in arbitration than in court.

12.2 — Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable, then the arbitration provision above shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.

12.3 — Exceptions

Without first engaging in arbitration or informal dispute-resolution, either party may assert claims, if they qualify, in small claims court in Atlanta, GA or any United States county where you live or work. Water Damage Restoration Atlanta may also bring a lawsuit in any court of competent jurisdiction solely for injunctive relief to stop unauthorized use, abuse, or intellectual property infringement.

12.4 — Thirty-Day Right to Opt Out

You have the right to opt out of the arbitration and class-action-waiver provisions by sending written notice of your decision to: Water Damage Restoration Atlanta, Atlanta, GA or by emailing privacy@waterdamagerestorationatlanta.com. The notice must be sent within 30 days of your first use of the Website; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out, all other parts of this Agreement will continue to apply.

13. Copyright Infringement

If you believe any materials on this Website infringe your copyright, you may submit a takedown request by contacting us at privacy@waterdamagerestorationatlanta.com. Please include the following in your request:

1. A description of the work, the URL on this Website where the material is located, and the URL where the original work can be found.
2. Your contact details, including name, address, phone number, and email address.
3. A statement in good faith that you believe the work has been used without the permission of the copyright owner.
4. A statement that the information provided is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
5. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

14. General Terms

This Agreement constitutes the entire agreement between you and Water Damage Restoration Atlanta regarding the use of this Website. Any failure by Water Damage Restoration Atlanta to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid provision will be modified to be valid and enforceable to the maximum extent permitted by law.

This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent. Water Damage Restoration Atlanta may freely assign this Agreement. The terms and conditions shall be binding upon assignees.

We are committed to conducting our business in accordance with applicable laws and ethical principles to ensure that the confidentiality of personal information is protected and maintained.

15. How to Opt Out

If you would like to opt out of receiving email communications from Water Damage Restoration Atlanta, please click the "Opt Out" or "Unsubscribe" link in any past communication you have received from us, or contact us directly at privacy@waterdamagerestorationatlanta.com.

Water Damage Restoration Atlanta may amend this policy from time to time. If our Privacy Policy or Terms of Service changes, we will post the changes prominently on our Website and provide you with the ability to opt out of new uses of your information. If you are concerned about how your information is used, we encourage you to review this page periodically.

16. Contact Us

If you have questions regarding these Terms of Service or our Privacy Policy, please contact us: