Alacrity Services Terms of Use

Effective Date: September 14, 2016

Please review these this terms of use agreement (the “Terms”) as they govern your use of Alacrityservices.com, Alacrity.net, resolvebylowes.com, and any mobile applications and other Alacrity Services websites that point to these Terms (each a “Site” and, collectively, the “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these Terms and our Privacy Statement, which describes how we collect, use, share and protect information from our users. We reserve the right to modify these Terms at any time without notice. Amendments to these Terms will be effective when posted and your continued use of the Sites shall constitute your acceptance of these Terms as amended. If you do not agree to these Terms or any amendment, do not use the Sites.

User License

Subject to your full compliance with these Terms, Alacrity Services grants you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites for your personal, non-commercial use. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or any of their content for any purpose except for your personal use and as described in these Terms without the express written consent of Alacrity Services. Uses of the Sites not expressly authorized herein are prohibited. The Sites are intended for use by individuals 18 years of age or older.

Prohibited Conduct

You agree that you will not use the Sites for any purpose that is unlawful or prohibited. Accordingly, you agree not to do any of the following examples of prohibited conduct:

  • Use the Sites or content therefrom for any unlawful purpose, including use in a manner that infringes, violates or misappropriates a third party’s rights;
  • Use the Sites or content therefrom for any purpose not authorized by these Terms;
  • Use the Sites in any way that could restrict or inhibit other users from using the Sites
  • Use the Sites in any way that could interfere with the rights of Alacrity Services
  • Access or attempt to access, without authorization, areas of the Sites that are protected or otherwise restricted;
  • Submit false or misleading information or information that is
    • Copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information;
    • Unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Lowe’s or any third party’s intellectual property rights or other rights;
    • Intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or
    • Non-public information about a company or individual without the express written authorization to do so;
  • Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Sites;
  • Access, download, monitor, harvest or copy any information or content of the Sites through automated or artificial means;
  • Engage in spamming, phishing, hacking or other similar activity in order to gather or manipulate information unlawfully;
  • Submit or transmit materials or software that contain malicious code, such as viruses, Trojan horses, spiders, worms, time bombs, date bombs, cancelbots or any other computer programming that is intended to or likely could damage, disrupt, disable or otherwise harm the Sites; or
  • Scan or test the vulnerabilities of the Sites.

Registration & User Account

Your use of the Sites or access to certain services or features may require registration through the creation of a User Account. When opening an account, you will be required to provide us with a username and password as well as specified personal information, which may include, without limitation, your name, address, phone number, valid email address and any further detail or information regarding your inquiry that we may reasonably request, in order to process your inquiry. You agree to keep your account information current, accurate and complete. You also agree to keep your account information confidential and otherwise secure, and that you are responsible for any and all activity that occurs in connection with your account.

User-Generated Content

Certain areas or features of the Sites may permit submission of or otherwise display user-generated content, which may include, without limitation, ratings and reviews of independent service providers. Please note that any ratings or reviews of independent service providers on the Sites have been collected and provided to us by a third party, and that we do not endorse any such ratings or reviews.

Consent

By providing your information through the Sites, you are requesting and thus consent to be contacted by Alacrity Services, our agents, and independent service providers that receive your service request, as the case may be. You consent to be contacted through any means you provide for this purpose. You agree that these communications may be monitored and recorded for quality assurance or other reasons. You agree that these parties may contact you for the purposes of providing the services you have requested, for purposes related to your use of the Sites, or other purposes reasonably related to or arising out of your interactions with Alacrity Services.

Our Services

Alacrity Services provides a number of services related to the mitigation and restoration of residential and commercial properties, for a wide range of customers and clients, but mainly we help connect those with damaged property to independent service providers who can help return these properties to pre-loss condition.

Independent Service Providers

Alacrity Services does not perform mitigation, restoration, repair or construction services, nor do we provide products or advice related thereto. These services, products, and advice are provided by the independent service providers that respond to potential jobs through our program. Alacrity Services is not responsible for, and does not deliver, the services, products or advice (including, without limitation, bids and estimates and the accuracy or completeness thereof) provided by these independent service providers. Alacrity Services does not endorse, sponsor, recommend or approve any independent service provider. The credentialing process we put independent service providers through prior to connecting them to you is intended to provide reasonable assurance of their qualifications but is not a guarantee, warranty or representation of any kind regarding their qualifications including whether they are licensed, qualified, insured, bonded, or capable. Except as expressly provided in our Resolve and Alacrity Services Quality Assurance guarantees, respectively, we do not make any guarantees, warranties, or representations of any kind regarding any independent service provider, or any information, advice, product or service provided by one. Your rights related to the services, products, or advice provided to you by an independent service provider are governed by the agreement you enter into with the independent service provider and the applicable laws of the state in which that agreement is entered into.

Third-Party Websites

The Sites may contain hyperlinks to third-party websites that Alacrity Services does not own, control, operate or verify. Your use of such websites is subject to their respective use and privacy policies and you agree that Alacrity Services will not be responsible or liable for your interactions with such websites or for any content, services, products or advice provided by such websites. These third-party websites are provided for your information and convenience and Alacrity Services does not endorse, sponsor or otherwise recommend them in any way.

Intellectual Property

All software, content, and information of the Sites, including, without limitation, text, logos, photos, graphics, icons, images, designs, service or program names, and media, and including the selection, arrangement and composition thereof, is owned or licensed by Alacrity Services; LF, LLC; or our suppliers, vendors, or licensors, and is protected by applicable state, federal and international laws. Your license includes permission to view and use content and software made available to you in connection with your authorized, personal use of the Sites; all other uses are prohibited. All intellectual property rights are expressly reserved.

Warranty Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITES AND THE INTERNET IN GENERAL. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALACRITY SERVICES, ITS AFFILIATES, CALL CENTERS AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, CONTRACTORS, SUPPLIERS, LICENSORS, LICENSEES, ATTORNEYS, ASSIGNS AND SUCCESSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ALACRITY SERVICES DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OF THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY ALACRITY SERVICES OR ALACRITY SERVICES’ LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALACRITY SERVICES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITES ARE HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY VIRUSES, TROJAN HORSES, SPIDERS, WORMS, TIME BOMBS, DATE BOMBS, CANCELBOTS, BUGS, DEFECTS OR ANY OTHER COMPUTER PROGRAMMING OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. ALACRITY SERVICES DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.

YOU AGREE THAT ALACRITY SERVICES AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITES, THE INABILITY TO USE THE SITES, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALACRITY SERVICES AND/OR ITS AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO INTENTIONAL OR WANTON ACTS ON THE PART OF ALACRITY SERVICES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

Indemnification

You agree to indemnify, defend and hold harmless Alacrity Services, its affiliates, and their respective shareholders, managers, directors, officers, employees, agents, representatives, vendors, contractors, suppliers, licensors, licensees, attorneys, assigns and successors, from and against any and all claims, damages, causes of action, costs, losses and other expenses, (including but not limited to reasonable attorney’s fees), that arise directly or indirectly out of or from (1) your actual or alleged breach of these Terms or (2) your access to, use of, or interactions with Alacrity Services, the Sites and services provided therein. You agree that Alacrity Services will have the option to assume sole and exclusive control of the defense of any matter otherwise subject to indemnification by you and you agree to cooperate fully with Alacrity Services regarding the defense of such matter.

Governing Law

You agree that these Terms and your use of the Sites will be governed by the laws of the state of Oregon, without regard to conflict of law provisions. By using the Sites, you consent to the exclusive jurisdiction and venue of the courts located within Eugene, Lane County, Oregon, in all disputes arising out of, relating to or concerning the Terms, the Sites and your use thereof.

Entire Agreement & Severability

These Terms and any other agreements incorporated by reference, including, without limitation, the Privacy Policy, constitute the entire agreement between you and Alacrity Services with respect to the subject matter thereof. These Terms supersede all prior or contemporaneous communications, negotiations, discussions, and proposals, whether written, oral or electronic, between you and Alacrity Services with respect to the Sites. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and the remainder of these Terms shall remain in full force and effect.

Assignment

You agree that you may not assign, transfer or delegate these Terms, or any rights and licenses granted hereunder, without the prior written consent of Alacrity Services. You agree that Alacrity Services may assign, transfer or delegate all or part of these Terms, and any rights and licenses granted hereunder, without restriction and without providing notice to you.

Waiver

Any actual or alleged waiver by Alacrity Services of any actual or alleged breach of these Terms by you shall not operate as a waiver of any future breach.

No Third-Party Beneficiaries

Except were explicitly noted, these Terms do not create any right of action on the part of any third party.

Modifications

Alacrity Services may, in its sole discretion, modify these Terms at any time effective upon posting the modified Terms, with or without notice to you. No modification of these Terms shall be effective unless authored by Alacrity Services or agreed to in writing by an authorized officer of Alacrity Services.

We also reserve the right to modify, supplement, restrict access to or discontinue the services (or any portion thereof) we offer through the Sites, temporarily or permanently, without obligation to provide notice to you.

Compliance with Laws

You are responsible for complying with all applicable laws, rules, and regulations.

Contact Us

If you have questions regarding these Terms, please contact us by email at info@alacrityservices.com or by mail at 360 E 10th Avenue, Suite 400, Eugene, OR 97401.