THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU, THE USER, AND US (THE OWNER OR OPERATOR OF THIS WEBSITE), AND IS A CONDITION TO YOUR USE OF THIS WEBSITE AND YOUR SUBMISSION OF INQUIRIES AND REQUESTS FOR
INFORMATION. BY CLICKING “SUBMIT” OR SIMILAR BUTTON ON THE ONLINE INQUIRY OR REQUEST FORM, YOU AGREE TO BE BOUND TO THESE TERMS AND PROVIDE YOUR ELECTRONIC SIGNATURE ON THESE TERMS. YOU AGREE THAT EACH INTERACTION BETWEEN YOU
AND THIS WEBSITE IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MAY NOT USE THIS SERVICE OR SUBMIT ONLINE FORMS OR REQUESTS FOR INFORMATION.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR TO PARTICIPATE IN OR BRING CLASS ACTIONS.
YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Emergency Restoration Services is a free service and we do not charge you a fee for our services.
Emergency Restoration Services uses the information you submit to have products or services that may respond to your inquiry considered by a phone representative. Please review our Privacy Policy, which is a part of these terms. You hereby consent to be contacted by those who respond to your inquiry or request for information by phone (including cell phone), mail, fax or text messages at the addresses, phone number(s) and email address(es) provided by you or collected by us from your inquiry, even if you are in the national Do Not Call list or other similar state lists.
Emergency Restoration Services is a free service and we do not charge you a fee for our services.
Emergency Restoration Services uses the information you submit to have products or services that may respond to your inquiry considered by a phone representative. Please review our Privacy Policy, which is a part of these terms. You hereby consent to be contacted by those who respond to your inquiry or request for information by phone (including cell phone), mail, fax or text messages at the addresses, phone number(s) and email address(es) provided by you or collected by us from your inquiry, even if you are in the national Do Not Call list or other similar state lists.
WARRANTY AND LIABILITY DISCLAIMER AND LIMITATIONS - WE PROVIDE THIS SERVICE "AS-IS" WITHOUT WARRANTY. Emergency Restoration Services DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR PURSUANT TO A STATUTE, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE, OUR SERVICES OR ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED, SUBMITTED OR SHARED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR ANY AFFILIATE INFORMATION, PRODUCT OR SERVICE OFFERED OR MADE AVAILABLE TO YOU, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTY BASED ON COURSE OF DEALING.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Emergency Restoration Services AND ITS AFFILIATES, MEMBERS, OFFICERS AND DIRECTORS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY YOU MAY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT THAT THESE LIMITATIONS ARE BY LAW NOT ENFORCEABLE, WE BOTH AGREE THAT Emergency Restoration Services AND ITS AFFILIATES MEMBERS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE TO YOU IN THE AGGREGATE FOR DAMAGES OF ANY TYPE IN CONNECTION WITH MATTERS RELATING TO THE WEBSITE, OUR SERVICES, OR INFORMATION, PRODUCTS AND SERVICES.
CONSENT TO ARBITRATE – Except where prohibited by law, You and we agree that all claims, disputes or controversies arising out of or relating to the use of this website, to the services provided by Emergency Restoration Services, any consents you have provided to us, or to any acts or omissions for which you may contend Emergency Restoration Services or its affiliates, members, officers or directors is liable relating thereto or to the information, products or services, shall be finally, and exclusively, settled by binding arbitration. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA.
The arbitration will take place in Palm Beach County, FL, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant co chooses). The arbitrator shall be selected pursuant to the AAA rules, or otherwise as mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. In the event the parties are unable to agree on a neutral arbitrator, the party making the claim may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor by registered or certified mail.
A judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The agreement to arbitrate is not an agreement to the joinder or consolidation of arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise.
You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to limited review by a court. By using Emergency Restoration Services’ website or services and submitting online requests and forms, you consent to these restrictions.
We may modify or terminate this website, our services or the online forms at any time in our sole discretion. We may modify these terms at any time and will post revised or updated terms on this website. The revised or updated terms will apply to any use of this website or submission of online form or request after the date the new or revised terms are posted. Your continued use of the website or submission of online forms or inquiries after such modifications means that you agree to the new or revised terms.
All waivers of any part of these terms must be in writing and signed. Any delay, waiver or failure to exercise any right or power arising from breach of these terms shall not be construed to be a waiver of any subsequent breach. These terms represent the entire, complete and final agreement between you and us regarding our services and this website.
These terms are governed by the laws of the State of Delaware, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed replaced by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms shall continue in effect.
You and we agree that a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms, the websites or our services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not endorse or recommend the products or services of any particular third party. Emergency Restoration Services is operating under a licensed insurance brokerage.
1 . When you opt-in to the service, we will send you an SMS message to confirm your signup for Emergency Restoration Services Search notifications / alerts.
2 . You can cancel the SMS service at any time. Just text "STOP" to stop. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3 . If at any time you forget what keywords are supported, just text "HELP" for help . After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4 . We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
5 . As always, message and data rates may apply for any messages sent to you from us and to us from you. You will then receive a text message containing inform and process of Emergency Restoration Services. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected].
6 . If you have any questions regarding privacy, please read our privacy policy: Privacy Policy