This Website and the services of Eseptic.com (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone or online constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by Eseptic.com. If you have any questions regarding these Terms & Conditions, you may contact us at Eseptic.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on Eseptic.com. These Terms & Conditions were last updated on September 1, 2017
- INTRODUCTION TO Eseptic.com
Upon registration, your email address will be your username and you may choose your own password to access the Services through the Eseptic.com website.
- THE SERVICES
At Eseptic.com we are committed to making your septic or cesspool service shopping experience as easy as possible. To find a local septic service company provider in your town, simply enter your zip code on our homepage at Eseptic.com. Once you find and select a septic service provider, you may submit an online request for service and schedule your appointment or you can contact them directly for a specific task.
- Upon entering your information and the request for a septic/cesspool service professional in your town, we will submit your order directly to the service provider on your behalf. However, we do not guarantee that these service professionals are either capable or willing to complete your service needs. The provider is promoting their services in your area and they did request to receive orders for the services you request.
- You can view a directory of service professionals in your selected zip code who provide septic or cesspool services that you select. These listings include ratings and reviews of those service professionals from their customers, when available.
- On Demand Connect. With On Demand Connect, you can request Eseptic to send a text message to the service professional immediately if available.
- Instant Scheduling. You can choose to schedule appointments with a service professional of your choice directly from the Eseptic website. Please be aware that despite our best efforts to list qualified and capable professionals, Eseptic.com does not guarantee that the selected service professional will be on time for, or show up for, any such service or repair appointment. Any service provider listed on Eseptic.com are not the employees, contractors or agents of Eseptic.com, they are their own entity and Eseptic.com is solely providing the platform to facilitate scheduling of appointments between you and the service providers.
- Non Endorsements. Although we take certain steps to examine the credentials, licenses and reputations of the service professionals listed on Eseptic.com, we make no guarantees, warranties or representations regarding the skills, or undertakings of such service professional or the quality of the job that they may perform. Eseptic.com does not endorse or recommend any specific provider or services. All services listed are uploaded and provided directly from service professionals and not Eseptic.com. We do not independently verify their price offerings or services. nor do we validate any customer reviews. It is entirely up to you to evaluate the service professional and their qualifications before entering into a direct contract or working agreement with a service professional. We do not guarantee or warrant any service professional's work performance on the job or the outcome or quality of the services performed.
- Coupons, Discounts, Sales Eseptic.com may inform or provide you with certain offers, discounts or opuons provided by a service professional from our website. These offers or discounts are made solely by the service professional, and are not part of any offerings from Eseptic.com. Any quotes, prices or offerings listed on Eseptic.com are provided directly by the service professionals on our website. These offerings are not contractually binding offers. No contractual arrangement is created based upon the prices displayed on Eseptic.com. If you use our online scheduling service and a price is included, then any payments you agree to are between you and the service professional. All payments will be manged between the two of you. Eseptic.com does not manage payments or payment disputes.Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Eseptic.com is not a party to such agreements. All payments and applicable taxes must be made to the service professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a service professional or the fees charged by any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE Eseptic.com (AND OUR OFFICERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
- USAGE OF ESEPTIC.com SERVICES
You acknowledge and agree that your use of Eseptic.com is for your personal use and not for advertising purposes. You may not use Eseptic.com to solicit or harass service professionals, or for any other purpose aside from obtaining necessary septic or cesspool services. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Eseptic.com for any such damages, and will indemnify Eseptic.com in the event of any claims against Eseptic.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any or all of Eseptic.com Services and or properties at any time. All information about our listed service professionals is confidential and for your personal use only. If it is determined or suspected by Eseptic.com in its sole discretion that you are misusing or attempting to misuse the Eseptic.com website, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Eseptic.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- FREE SERVICE FOR CONSUMERS
Eseptic is a FREE service for all consumers who are in need of any services provided on Eseptic.com. We make finding a qualified septic/cesspool service professional in your are quick and easy. If you engage in any work relations or contracts with a listed service professional, you must pay them directly as per the agreement you have with the selected service professional. Should you have any dispute with the goods or services provided by the service professional(s) you select, you must contact the service professional and resolve such dispute with them directly. However, if there is a dispute, please copy (cc) any correspondence to firstname.lastname@example.org.
- INFORMATION YOU PROVIDE TO ESEPTIC.com
Upon using Eseptic.com, you will be prompted to disclose certain information about yourself and you will be able to store information, such as your name, address and order history on our website. Some of this information will be sent to the service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals via phone, email, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with Eseptic.com and a listed service professional and thus agree to be contacted by Eseptic.com and/or the selected service professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Eseptic.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eseptic.com has the right to refuse any current or future use of Eseptic.com Services by you. You are responsible for any use of the Eseptic.com Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO ESEPTIC.com AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ESEPTIC.com AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF ESEPTIC.com AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- SMS-TEXT MESSAGING
By submitting a service request, you agree that Eseptic.com and the selected service professionals may send you informational text (SMS) messages as part of the normal business practice of Eseptic.com. These text (SMS) messages shall not be used for marketing purposes and are specific to the services you ordered from them. You may choose to opt-out of receiving text (SMS) messages fromEseptic.com by email request at email@example.com. You acknowledge that by opting out of receiving text (SMS) messages from Eseptic.com and the service professionals, your use of Eseptic.com Services may be impacted.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, we may be able to try and assist you in resolving any disputes that may arise in the course of an ordered service from one of our service professionals. Any attempt in our assistance to aid in a dispute will be limited assistance. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
ESEPTIC.COM SERVICE PROFESSIONALS
- USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Eseptic.com, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content (known collectively as "Content") is the sole and exclusive property of Eseptic.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us without compensation to you or others, to copy, adapt, create derivative works of, reproduce, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant Eseptic.com and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Eseptic.com website in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to Eseptic.com, you represent and warrant to Eseptic.com that you own or have all necessary rights to use the Content, and grant to Eseptic.com the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. Eseptic.com reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Eseptic.com owned or operated websites or apps.