TERMS OF SERVICE AGREEMENT

 

BY ALLOWING OUR TECHNICIANS TO PERFORM SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE CUSTOMER OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT R1.2 IS EFFECTIVE AS OF 07/01/2017.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our customers and others which may interact or interface with Morris Drain Service, LLC, located at 4200 Simon Road, Boardman, Ohio 44512 and our subsidiaries and affiliates.

 

PRIVACY POLICY

 

Every customer’s data including, but not limited to, personal information, historical data, jobsite deliverables are strictly protected by the Morris Drain Service, LLC Privacy Policy. As a customer, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Morris Drain Service, LLC and/or our subsidiaries and affiliates.

 

MODIFICATIONS

 

Morris Drain Service, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

 

JOBSITE SERVICE AND SAFETY DISCLAIMERS

 

BY EMPLOYING THE USE OF OUR SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT MORRIS DRAIN SERVICE, LLC AND ITS EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR CUSTOMER OR BYSTANDER LOSS, DAMAGE, INJURY OR SATISFACTION AS A RESULT OF:

 

  1. ANY FORM OF INTERFERENCE CAUSED DIRECTLY OR INDIRECTLY BY THE CUSTOMER OR BYSTANDER DURING ANY SERVICE PROCEDURE;
  2. CONDUCT OR PROPERTY WITHIN AN UNSAFE DISTANCE, EXPLICITLY DEFINED AS AN AREA WITHIN 30 FEET OF ANY IMPLEMENT OR ACCESS HARDWARE INCLUDING, BUT NOT LIMITED TO:
    1. HIGH PRESSURE WATER HARDWARE: NOZZLE, HOSE, LANCE, PUMP, CONTROLS;
    2. PUMP TRUCK HARDWARE: PUMP, HOSE, VALVE, EXHAUST;
    3. SEWER MACHINE HARDWARE: CLEANING BITS/BLADES, CABLE, DRUM, BELTS, MOTOR, ELECTRICAL CORD/RECEPTICLE ACCESS;
    4. HAND TOOLS, MISCELLANEOUS HARDWARE: SEWER SPOON, SHOVEL, PROBE ROD, DRILL, SPUD/PRY BAR, HAMMER, CHISEL, KNIFE.
    5. JOBSITE ACCESS: CLEANOUTS, MANHOLE COVERS, PLATES, GRATINGS, PITS, TROUGHS, HATCHES, PANELS, ETC.
  3. UNREASONABLE EXPECTATIONS OF SERVICE VERSUS THE CAPABILITIES AND LIMITATIONS OF OUR SERVICES AND EQUIPMENT AS DEFINED ON OUR SITE OR DIRECTLY BY OUR TECHNICIANS;
  4. REOCCURRENCE OF THE ORIGINAL AND/OR ADDITIONAL PROBLEM(S) AS THE RESULT OF, BUT NOT LIMITED TO: NATURAL PHENOMENA (E.G. FLORA, FAUNA, HYDRODYNAMIC, TECTONIC, AND WEATHER PROCESSES), UNNATURAL PHENOMENA (E.G. ALTERATIONS CAUSED DIRECTLY OR INDIRECTLY BY HUMANS), AND THE DECAY OF DRAINAGE MATERIALS;
  5. MISPLACED OR DAMAGED DELIVERABLES INCLUDING, BUT NOT LIMITED TO DATA, FILES, FORMS, DIGITAL AND HARD COPY MEDIA.

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

  1. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MORRIS DRAIN SERVICE, LLC OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS;
  2. PAYMENT IS DUE UPON COMPLETION OF THE WORK PERFORMED

    IT IS UNLAWFUL TO INTENTIONALLY OR UNINTENTIONALLY WITHHOLD PAYMENT FOR A SERVICE (E.G. ONE WOULD NOT GO SHOPPING WITHOUT FIRST ARRANGING A MEANS OF PAYMENT). MORRIS DRAIN SERVICE, LLC ACCEPTS MOST CONVENTIONAL PAYMENT METHODS SUCH AS: CASH, CHECK, CREDIT/DEBIT CARD, AND PAYPAL. ANY OUTSTANDING BALANCE FOR COMPLETED SERVICE EXCEEDING A TOTAL VALUE OF $500.00 IS SUBJECT TO LEGAL ACTION AND/OR THE PUBLIC FORWARDING OF THE ACCOUNT LIABILITIES TO A COLLECTION AGENCY.

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MORRIS DRAIN SERVICE, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to release Morris Drain Service, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

NOTICE

 

Morris Drain Service, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Morris Drain Service, LLC trademarks, copyright, trade name, service marks, and other Morris Drain Service, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Morris Drain Service, LLC. You herein agree not to display and/or use in any manner the Morris Drain Service, LLC logo or marks without obtaining Morris Drain Service, LLC's prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

 

Morris Drain Service, LLC will always respect the intellectual property of others, and we ask that all of our customers/users do the same. With regards to appropriate circumstances and at its sole discretion, Morris Drain Service, LLC may disable and/or terminate the accounts of any customer/user who violates our TOS and/or infringes the rights of others.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

 

This TOS constitutes the entire agreement between you and Morris Drain Service, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Morris Drain Service, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Morris Drain Service, LLC Services, affiliate Services.

 

CHOICE OF LAW AND FORUM

 

It is at the mutual agreement of both you and Morris Drain Service, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Morris Drain Service, LLC, shall be filed within the courts having jurisdiction within the County of Mahoning, Ohio or the U.S. District Court located in said state. You and Morris Drain Service, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Morris Drain Service, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

STATUTE OF LIMITATIONS

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 months after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS to Morris Drain Service, LLC as follows:

 

Mailing Address:

Morris Drain Service, LLC

4200 Simon Road

Boardman, Ohio 44512

 

Telephone: 330.788.2560

Fax: 330.788.2180

 

Email:  morrisdrain@gmail.com