GutterMaxx, LLC and its subsidiaries and affiliated entities (“GutterMaxx”, “we”, “us and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern the use of our GutterMaxx websites (“Website”), products, or any of our mobile widgets, services or other applications (each, an “App”) – together, our “Services“. Our offerings include all websites or other locations on which we place these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, BROWSING, OR USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.
IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights. These Terms of Use contain a binding arbitration provision set forth below in Section 14. Except where prohibited by applicable law, these Terms of Use require the user to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.
Our offerings and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, logos, and interactive features included with or available through the company’s offerings and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in the company’s offerings are owned by us, the company’s licensors, the company’s affiliates, or identified third parties (collectively, the “Service Content”) are owned by us, the company’s licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of GutterMaxx or any third party is prohibited and may be prosecuted to the fullest extent of the law. Any rights not expressly granted in these Terms of Use are expressly reserved.
(A) Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to the user; rather, the user are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our App is limited to the relevant device and/or operating system you are using at the time you purchase or obtain a license to use the App.
(B) Some of our Services require that the user have internet or data network access. You are responsible for obtaining all such access, along with the computers, mobile devices and other equipment necessary to use the offerings. We do not guarantee that the Services, or any portion, will function on any particular equipment or device. We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. We shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by us will be available and free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to ythe company’s computer system or loss of data that results from the download of any such material. Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related GutterMaxxbsite should be taken to indicate that all information in the Services or on any related GutterMaxxbsite has been modified or updated.
(C) Except where we otherwise authorize in writing, our Services are provided and you may only use our services for your personal, non-commercial use only. You acknowledge that GutterMaxx reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, the user agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, the user may do so only in the manner authorized and for the userr non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(D) Furthermore, except as expressly permitted in these Terms of Use, you may not, and you further represent and warrant that you will not:
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice GutterMaxx include in or through our Services or Service Content;
circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App or Service Content for any purpose without our express written permission.;
collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
decompile, reverse engineer, translate, merge, adapt, update, modify, reconfigure, prepare a derivative work of, or disassemble any portion of our software or other Service Content, or our Services;
use network-monitoring software to determine architecture of or extract usage data from the company’s offerings;
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below));
violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
engage in any conduct that restricts or inhibits any other user from using or enjoying the company’s offerings;
use the Services in a manner other than as expressly permitted by these Terms of Use;
copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent or distribute the Services, Service Content or any part thereof;
commit fraud or falsify information in connection with your access or use of the Services;
work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services; or
post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines.
(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use. We can, at any time and for any reason, in our sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
(F) You understand and agree that the userr use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires the userr attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for ythe company’s exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for the userr use of the Services and Service Content.
(G) Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the offerings.
We shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact the userr use of the userr computer equipment or other property on account of the userr access to, use of, or browsing on the Services, or the userr downloading of any user materials or other content from the Services. We recommend that you install appropriate anti-virus or other protective software.
(A) To access or use some features of our Services, you may have to become a registered user. If you are under the age of sixteen, then you are not permitted to register as a user or otherwise submit personal information.
(B) If the user become a registered user, the user will provide true, accurate and complete registration information and, if such information changes, the user will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under the userr Membership, whether or not the user have authorized the activity. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your Membership.
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, reviews, feedback, content, or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. You understand and acknowledge that certain features of the Services may allow or require User Content that you provide to be made available, including publicly available, to other Services users and that, accordingly, those other users may be able to access and use that User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from ythe company’s failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
encthe company’sages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting or submission, you automatically hereby grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, assignable, and transferable right and license to use, reproduce, distribute, exploit create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, subcontractors, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access ythe company’s User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish ythe company’s User Content for personal, non-commercial use as permitted by the functionality of the company’s offerings and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. You understand that, even after removal or deletion, User Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.
(E) By submitting User Content, the user also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, the userr name and geographical location (e.g., “J. Rancher – Provo, Utah”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of the company’s Persona will be consistent with the terms of the company’s Privacy Policy, where it is applicable.
(F) Notwithstanding the generality of the foregoing, GutterMaxx reserve the right to display advertisements in connection with the userr User Content and to use the userr User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users). GutterMaxx shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any User Content provided by you to Company.
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to, at any time, review, prescreen, edit, refuse to post, remove, redact, otherwise modify, reorganize, recategorize, or disable access to any User Content and archive or otherwise store any User Content. GutterMaxx reserves the right to impose limits on Services features (e.g., the ability to provide User Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms of Use.
(H) Submission of Competitor Quotes: By submitting any competitor quotes, proposals, or pricing information (“Competitor Quotes”) through our Services, you represent and warrant that you have the right to disclose such information and that doing so does not violate any contractual, proprietary, or confidentiality obligations owed to any third party. GutterMaxx does not solicit, request, or require the submission of confidential or proprietary information of other businesses. Any Competitor Quotes submitted are provided voluntarily by you. GutterMaxx disclaims any responsibility or liability for the content of Competitor Quotes and will treat such information as user-submitted content, subject to these Terms of Use. GutterMaxx reserves the right, but not the obligation, to delete or disregard any Competitor Quotes that it believes may contain confidential or proprietary information of third parties. Submission of a Competitor Quote does not grant GutterMaxx any rights to use, reproduce, or disclose such information beyond internal evaluation purposes, and GutterMaxx will not intentionally use such information to compete unfairly with the entity identified in the quote.
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is the userr responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) Our offerings may link, or contain links to, or embed certain functionality provided by third parties. We do not operate or control, in any respect, or necessarily endorse the content or service provided by third parties. You assume sole responsibility for the userr use of third-party links. We are not responsible for any content posted on third-party websites or made available through our Services from third parties, or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party, or their services, functionality or content. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.
(D) If you operate a website and wish to include a link to the offerings: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with the company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by GutterMaxx. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.
You agree to, upon request, defend, indemnify and hold harmless GutterMaxx and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, subcontractors, and their related companies (collectively, the “GutterMaxx Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) the userr use of our Services; (ii) User Content provided by the user or through use of the userr Membership; (iii) any actual or alleged violation or breach by the user of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that the user have made to us; (v) the userr violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party; or (vi) the user acts or omissions. GutterMaxx reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of GutterMaxx. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. This indemnification section will survive any termination or expiration of these Terms of Use.
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE BIT SOURCE PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING OUR APP, WEBSITE OR OTHER SOFTWARE) WILL BE CORRECTED. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE BIT SOURCE PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM GOODS RECEIVED THROUGH OR ADVERTISED WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE BIT SOURCE PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY GUTTERMAXX DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the full extent permitted by law.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that GutterMaxx is not liable to the user or any third party for any termination or suspension of the userr Membership or for blocking the userr use of our Services.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”
Enrollment: If you enroll in our text messaging (SMS) program, you will be asked to consent expressly—evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase. These messages may include updates, promotional offers, and other relevant information. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of the company’s mobile messages are sent using an automatic telephone dialing system. Message frequency may vary. Standard message and data rates may apply.
Opt-Out: You can opt-out of receiving SMS messages at any time by replying “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, OR “QUITE” to any message you receive from us. or just texting “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to the number from which the user currently are receiving our text messages. You may also opt out by calling 1-888-890-6857 or by emailing us at .
Compliance: We adhere to all applicable laws and regulations regarding SMS marketing applicable to us, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. Your information will be used in accordance with our Privacy Policy. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in the company’s text messaging program. If you change or deactivate that number, you are responsible for notifying us at immediately. Neither we, the company’s vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Please note that even if the user opt-out from receiving marketing communications, the user might still receive administrative communications from us, such as technical updates of our products, order confirmations, notifications about the userr account activities, and other important notices.
Participation Subject to Change: We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms of Use. Ythe company’s receipt of these messages is also subject to termination in the event that ythe company’s mobile telephone services terminates or lapses. We reserve the right to modify or discontinue (temporarily or permanently) all or any part of our SMS program, for any or no reason and with or without notice to the user.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), GutterMaxx will respond promptly to claims of copyright infringement that are reported to the agent that GutterMaxx have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent at:
Telephone: 1-888-890-6857. Email: [email protected]
If the user is a copyright owner (or authorized to act on behalf of the copyright owner) and believe that the userr work’s copyright has been infringed, please report the userr notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the user are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
These Terms of Use shall be governed by the laws of the State of Texas, with any disputes to be resolved exclusively in Dallas, TX courts. You agree to first engage in good faith efforts to resolve disputes informally. If unresolved, disputes will be subject to binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules, waiving rights to jury trials and class actions. Arbitration will be the exclusive remedy except for small claims or intellectual property disputes. By using our Services, you waive any rights to pursue classwide claims or trials by jury to the extent permitted by law.
(A) We reserve the right at our exclusive discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, GutterMaxx retains sole discretion to to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either via notification by email, through the company’s App or posting on the company’s Website, as applicable. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify the userr assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, GutterMaxx both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
(C) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction betGutterMaxxen the English and translated versions.
(D) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by the user without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Austin Area: (512) 614-7409
Dallas Area: (214) 466-1257
Fort Worth Area: (817) 778-8538
Houston Area: (713) 564-4506
San Antonio Area: (210) 460-1882
GutterMaxx, LLC. Copyright 2025 | Privacy Policy | Terms of use
