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Terms of Service

Published and Effective as of August 4, 2020

These Terms of Service apply to https://transformimprovements.com (hereinafter, “us”, “we”, “our,” or other similarly-styled and similarly-intended pronouns, or “https://transformimprovements.com”, with or without the “www” URL prefix) and, where applicable, any interaction you may have with it and/or its owner(s), operator(s), and maintainer(s). They govern your use of our website and such interactions. By using this website, you accept these Terms of Service in their entirety and without exception. You must not use this website if you disagree with any of these Terms of Service in whole or in part.

This website is owned, operated, and maintained by one or more project consultant(s) (hereinafter “personnel” or “website personnel”) in the employ of Transform SR Home Improvement Products, LLC (hereinafter “Transform SR”), having principal offices located at 1024 Florida Central Parkway, Longwood, Florida 32750. This website is operated for the purposes of public awareness of the availability of Transform SR’s services and lead/inquiry generation in connection with same. Any and all goods and/or services provided as a result of any contract or agreement that may arise from anyone’s interaction with (or referral to) this website and/or its personnel are furnished by Transform SR. Any liabilities, warranty-based or otherwise, that may arise or exist as a result of any contract with Transform SR are incurred by that company and not by this website’s personnel, irrespective of the source of referral.

You must be at least eighteen (18) years of age to use this website. By using this website and, by extension, agreeing to these Terms of Service, you warrant and represent that you are at least eighteen (18) years of age.

This website utilizes cookies as specified in our Privacy Policy, which can be found at https://transformimprovements.com/privacy. By using this website and, by extension, agreeing to these Terms of Service, you implicitly and explicitly consent to our use of cookies in accordance with this Policy.

Acceptable Use

You must not use this website

• in any way that causes, or may cause, damage to the website
• in any way that causes impairment of the availability or accessibility of the website
• in any way which is unlawful, illegal, fraudulent or harmful
• in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
• to host, use, copy, store, transmit, send, publish or distribute any material which consists of (or is linked to) any malware, spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious code.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

Use of Submitted Information

This section pertains to any information you submit to this website via any of its contact forms for any purpose.

By submitting information to this website via any of its contact forms, you warrant and represent to us that you are, in fact, the individual whose information has been submitted or that you have submitted the information on behalf of the individual whose information has been submitted with their full knowledge and consent, or that you possess the necessary legal agency to act on behalf of the individual whose information has been submitted.

Submission of information via our website grants us express and implied permission to contact you or the individual on whose behalf you have submitted information in accordance with the previous paragraph.

We will use any and all means to establish contact with you for the purpose of servicing the inquiry you present to us.

We will not sell your information to anyone or use or disclose your information for any other purpose other than servicing your inquiry or as may otherwise be required by applicable law.

Any and all attempts made to contact you will conform to and comply with the Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227).

The information you submit to our website must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against us, you, Transform SR, or any third party under any applicable law in each case.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, We do not warrant that:

• this website will be constantly available
• this website will be available at all
• the information on this website is complete
• the information on this website is true, up-to-date, accurate or non-misleading

Nothing on this website constitutes or is meant to constitute advice of any kind.

Limitations of Liability

We will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss
• for any indirect, special or consequential loss
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill
• for loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation on our part
• matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our personnel. You agree that you will not bring any claim personally against our personnel with respect to any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our personnel as well as their agents, successors, assigns and sub-contractors as well as us.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that provision shall be stricken without affecting the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach (or claim thereof) by you of any provision of these Terms of Service.

Breaches of these Terms of Service

Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these Terms of Service from time-to-time. Revised Terms of Service will apply to the use of this website from the date of the publication of the revised Terms of Service on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.

Severability

If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms of Service constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These Terms of Service will be governed by and construed in accordance with the State of Ohio, and any disputes relating to these Terms of Service will be subject to the jurisdiction of the courts of Butler County therein.