Home > Legal

Legal

Acceptance of Terms

Always There Property Care LLC (“ATPC”) maintains this Web Site (this “Site”) for your use. Your access to and use of this Site is subject to the following Terms of Use. ATPC reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located on this Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

Accuracy and Completeness of Information

While ATPC strives to ensure that the information contained in this Site is accurate and reliable, ATPC makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Modification of Site

ATPC will periodically revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Use of this Site

You may download content for authorized internal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on this Site in any manner without the written permission of ATPC.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Unsolicited Submissions

ATPC does not accept or consider any creative ideas, suggestions or materials from the public (“submissions”) and therefore, you should not make any submissions to ATPC. If you do send us a submission, despite our request not to do so, then such submission will be considered non-confidential and non-proprietary and shall immediately become the property of ATPC. ATPC shall exclusively now and hereinafter own all rights, title and interest therein. ATPC will be free to use any submissions for any purpose whatsoever.

Privacy Policy

ATPC’s use of any personal data you submit to this Site is governed by this Site’s Privacy Policy.

Disclaimers

Your use of this Site is at your sole risk. This Site is provided on an “as is” basis.
ATPC expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.

If you download any material from this site, you do so at your own discretion and risk. You will be responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall ATPC be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. In no event shall ATPC be liable to you for any reason in an amount in excess of $5.00.

Indemnification

You agree to indemnify and hold harmless ATPC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to this Site, your violation of these Terms of Use, your use of any content you acquire through use of this Site, or your violation of any rights of another.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of ATPC and its subsidiaries. Except for personal use consistent with these Terms of Use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of ATPC.

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to ATPC and its partners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of ATPC or any such third party that may own a Mark displayed on this Site.

Links to Third Party Sites

As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by ATPC. However, even if such third parties are affiliated with ATPC, ATPC has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of ATPC. ATPC is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Third Parties

With respect to any agreement between you and any third party, you agree and acknowledge that ATPC does not intend to interfere with any contractual agreement between you and a third party, and you promise to perform fully your obligations under any such contract. You agree and acknowledge that it is your sole responsibility to perform such obligations. You promise not to use this Site if such use would breach any term, material or otherwise, of any such agreement.

Your correspondence or business dealings with, or participation in promotions of, any third party found on or through this Site, including, without limitation, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree and acknowledge that we are not, and will not be, responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you promise to indemnify, defend, and hold us harmless from any liability asserted against us as a result of any such dealings.

Jurisdiction

ATPC maintains and operates this Site from its offices in Leavenworth, Washington. These Terms of Use are governed and interpreted under the laws of the State of Washington. By using this site you consent to the jurisdiction of the courts located in Chelan County, Washington for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. ATPC’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit ATPC’s rights with respect to such breach or any subsequent breaches.