Terms of Service

Welcome to Water Damage Direct, a service of Glass Hill Ventures, LLC (referred to herein as "Company," "we," "us," or "our"). We offer you the service detailed below on the condition that you agree to the following terms of service ("Terms"). By accessing or using our website at waterdamagedirect.com (the "Site") and any related products or services , you signify that you have read, understood and agree to be bound by these Terms whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered). The term "User" refers to a Visitor or a Member. If you do not agree, please discontinue use of our Services immediately.

1. Scope of Services

We provide an online directory and lead generation platform that connects users seeking water damage restoration services with relevant service providers (the "Service"). The nature and details of our Services may change over time; we will endeavor to keep users informed.

2. Acceptance of Terms

By using our Site or Services, you:

• Represent that you are at least 18 years of age (or the age of majority in your jurisdiction). Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
• Have read and understood these Terms.
• Agree to be legally bound by these Terms and our Privacy Policy.

If you use our Services on behalf of a business, you represent you have the authority to bind that entity to these Terms.

3. User Responsibilities and Prohibited Activities

3.1 User Conduct

You agree to use our Services only for lawful purposes. You are prohibited from:

• Submitting false or misleading information.
• Violating any local, state, national or international law or in any way encourage or provide instructions for a criminal offense.
• Attempting to gain unauthorized access to our systems or interfering with the operation of the Site.
• Uploading or transmitting any viruses or malicious code.
• Collecting or storing personal data about other users without authorization.
• Using any automated system, software, or scraper to access the Site or extract data without our express written permission.
• Circumventing or attempting to circumvent any access restrictions, rate limits, or anti-scraping measures.
• Accessing or attempting to access honeypot or trap data designed to identify unauthorized access.
• Using the Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• registering for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Site.
• Using any third party intellectual property when using the Service or registering on the Site.

3.2 Data Scraping and Automated Access

Strictly Prohibited: You may not use any robot, spider, scraper, or other automated means to access the Site or Services for any purpose without our express written permission. This includes but is not limited to:

• Harvesting or collecting contractor information, contact details, or business data
• Creating derivative databases or directories from our content
• Monitoring or copying any material on the Site
• Using automated tools to submit queries or access contractor profiles

Legal Action: Unauthorized scraping or data extraction may result in immediate termination of access, legal action for damages, and prosecution under applicable laws including the Computer Fraud and Abuse Act (CFAA).

3.3 Business Listings and Interactions

• Service providers listed on our Site are independent third parties. We do not endorse, guarantee, or assume responsibility for their services.
• You are encouraged to perform due diligence before engaging any service provider found via our platform.
• If your service is listed on the Site and you would like it removed, please contact us at [email protected].

4. Intellectual Property

All content, trademarks, logos, and other intellectual property ("Content") displayed on our Site or through our Services, with the exception of Content that was provided to us by service providers, are owned or licensed by us, unless otherwise noted. You may not reproduce, distribute, or create derivative works of our Content without our prior written permission.

• If you deem that your intellectual property rights are violated on our Site by a service provider or by us, please contact us at [email protected]. We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act.

5. Payment and Refund Policy

If we charge fees for certain lead generation or directory features (e.g., pay-per-lead, subscription):

1. Payment Method: Payments may be processed via third-party payment processors. You agree to abide by their terms.
2. Refunds: Refunds or credits for invalid or disputed leads are handled on a case-by-case basis. We reserve the right to decline refund requests if the lead is determined to be valid.

6. Disclaimers and Limitation of Liability

6.1 "As Is" Disclaimer

A. Unless stated otherwise in these Terms, the Service and Site are provided "AS-IS." To the maximum extent permitted by law, we or our affiliates and third-party providers ("Covered Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Covered Parties make no commitments about the content within the Services. The Covered Entities further disclaim any warranty that:

• The Service and Site will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service and Site will be effective or reliable. We do not promise any specific results or lead generations.
• The quality of the Service or the use of the Site its outcome will meet your expectations.

B. The Covered Parties specifically disclaim all liability for any actions resulting from your use of the Service and Site. You may use the Service and Site at your own discretion and risk, and you are solely responsible for any interaction with service providers, potential clients or clients. The Covered Entities are also not liable to you for any personal injury, loss or damage that might arise from any such third party's actions or omissions that relate to the Service or the Site.

6.2 No Warranty of Results

We make no guarantee regarding the effectiveness or outcome of any service provider or lead generation results found through our platform.

6.3 Limitation of Liability

Your Expressly understand and agree that, to the fullest extent permitted by law:

• Glass Hill Ventures, LLC (including its affiliates, partners, officers, directors, employees, and agents) shall not be liable for indirect, incidental, special, consequential, or punitive damages (including lost profits or data) goodwill, use, data or other intangible losses (even if we have advised of the possibility of such damages), resulting from:
• The use or the inability to use the Service and Site.
• The cost of procurement of substitute services resulting from any information and services obtained or communicated with or any transactions entered into through or from the Service and Site.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party you contacted through the Service and Site.
• Any other matter relating to the service.

Our total aggregate liability for any claims shall not exceed the greater of (a) the total amounts you paid to us in the 6 months preceding the event or (b) USD $100.

Some jurisdictions do not allow certain liability limitations, so these provisions may not apply to you.

7. Termination

You may terminate your registration and stop using our Service by emailing us via the contact details below. We will normally execute the termination within 48 business hours.

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or if we deem it necessary for business or legal reasons.

8. Governing Law and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us and/or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington.

9. Dispute Resolution and Arbitration

You agree that, except as may otherwise be specifically provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except that no disputes or claims relating to any transactions you enter into with a third party through the our Service and Site may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Service and Site, and no class action or class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the site and/or the service (including your visit to or use of the site and/or the service) be instituted more than three (3) years after the cause of action arose.

10. Attorneys' Fees

If a dispute arises between the parties hereto and such dispute can only be resolved by litigation or arbitration then, in such case, the prevailing party in such litigation shall be entitled to recover all costs of such action, including but not limited to reasonable attorneys' fees.

11. Indemnity

You agree to indemnify and hold us, our subsidiaries and affiliates, and each of our and their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content or other material you provide us to, share with the Users via the Service and Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of these Terms or of any law or the rights of any third party.

12. Severability

If any provision, paragraph or subparagraph of this Agreement is adjudged by any court to be void or unenforceable in whole or in part, this adjudication shall not affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. Each provision, paragraph or subparagraph of this Agreement is separable from every other provision, paragraph and subparagraph and constitutes a separate and distinct covenant.

13. Force Majeure

Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of nature, terrorism, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, error in the coding of electronic files, Internet or other network (including without limitation mobile phone network or other telecommunications network) "brownouts" or failures, power failures, or other unanticipated service development problems, and acts of civil and military authorities; provided that such party gives the other party prompt written notice of the failure to perform and the reason therefor and uses its reasonable efforts to limit the resulting delay in its performance.

14. Changes to These Terms

We may modify these Terms from time to time. If changes are significant, we will provide notice (e.g., by posting on the Site or emailing). Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

15. Contact Information

If you have questions or concerns regarding these Terms, please contact us at:
Email: [email protected]

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.