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Legal

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Dave Bischof Inc. web site located at www.bischofplumbing.com. The Site is the property of Dave Bischof Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Dave Bischof Inc reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. You agree that any changes or additions to the Terms of Use shall supercede all previous Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the modifications. As long as you comply with these Terms of Use, Dave Bischof Inc grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Dave Bischof Inc.’s express prior written consent.

Your Use of the Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Dave Bischof Inc. or others.

Nothing contained in DAVE BISCHOF Web Site is intended to constitute professional advice.

Links to Other Sites and to the Dave Bischof Inc. Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

DAVE BISCHOF, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DAVE BISCHOF INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DAVE BISCHOF INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAVE BISCHOF INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DAVE BISCHOF INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DAVE BISCHOF INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Dave Bischof Inc. reserves the right to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Dave Bischof Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dave Bischof Inc. has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Dave Bischof Inc. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Dave Bischof Inc.’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Dave Bischof Inc., its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dave Bischof Inc. by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Dave Bischof Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Dave Bischof Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including Dave Bischof Inc.’s customers. Dave Bischof Inc. reserves the right at all times to disclose any information that Dave Bischof Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Dave Bischof Inc. also may disclose your information when Dave Bischof Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Dave Bischof Inc. may preserve any transmittal or communication by you with Dave Bischof Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Dave Bischof Inc. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Dave Bischof Inc., its employees, users of or visitors to the Site, and the public.

You agree that Dave Bischof Inc. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Dave Bischof Inc. for which monetary damages would be inadequate, and you consent to Dave Bischof Inc. obtaining any injunctive or equitable relief that Dave Bischof Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Dave Bischof Inc. may have at law or in equity.

You agree that Dave Bischof Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Dave Bischof Inc. does take any legal action against you as a result of your violation of these Terms of Use, Dave Bischof Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dave Bischof Inc.. You agree that Dave Bischof Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Dave Bischof Inc. and you arising out of or in connection with the content within or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (90) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under the within binding arbitration provision.

Accordingly, you agree that all matters relating to your access to, content within or use of the Site, including all disputes, will be decided by binding arbitration before the American Arbitration Association and shall be between you and Dave Bischof, Inc, and shall be heard in the City of San Fernando, California. The decision of the arbitrator shall be final. You agree to waive any objection to such jurisdiction or venue.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Dave Bischof Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Dave Bischof Inc. with respect to such use are hereby superseded and cancelled. Dave Bischof Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Dave Bischof Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Dave Bischof Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Dave Bischof Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Dave Bischof Inc is not currently a member of the PHCC.

Contractors License #540222