Welcome to the All About Driveways Website, which is run by Phase One Marketing, LLC d/b/a All About Driveways. Please read these terms and conditions carefully. By your use of, and registering with, this Website, you agree to be bound by, and comply with, the terms and conditions below without limitation or qualification. These terms and conditions are, from time to time, subject to change, modification, addition or deletion without notice in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Website. If you do not agree with these terms and conditions, immediately cease accessing or using this Website.
Description of Services
Our Website provides a free platform by which a homeowner can educate themselves about driveways—the different types, installation, maintenance and shopping for a contractor—and can also obtain estimates from contractors to perform such work. While one of the purposes of the Website is to provide estimates to a homeowner, the homeowner and the contractor directly negotiate the terms of any contract that they may enter into.
Disclaimer of Warranty
TO THE EXTENT PERMITTED BY LAW, ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON, OR THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUBJECT TO THE FOREGOING, ALL ABOUT DRIVEWAYS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. ALL ABOUT DRIVEWAYS MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. ALL ABOUT DRIVEWAYS DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM ALL ABOUT DRIVEWAYS WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. ALL ABOUT DRIVEWAYS MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. ALL ABOUT DRIVEWAYS DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS OTHERWISE PERMITTED UNDER APPLICABLE LAWS INCLUDING THOSE OF THE STATE OF NEW JERSEY, NEITHER ALL ABOUT DRIVEWAYS NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, AND THEIR RESPECITVE HEIRS, PREDECESSORS, SUCCESSORS AND ASSIGNS, WHETHER EXISTING NOW OR IN THE FUTURE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF ALL ABOUT DRIVEWAYS IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.
Trademarks and Copyrights
You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of All About Driveways or its partners and suppliers, and are protected by United States and international copyright laws. The compilation of any and all content on this Website is the exclusive property of All About Driveways and is protected by United States and international copyright laws. All software used on this site is the property of All About Driveways or its software suppliers and is protected by United States and international copyright laws. Users are granted permission to browse and use this Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.
All About Driveways does not grant, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of All About Driveways. All About Driveways prohibits the use of the All About Driveways logo or other proprietary graphics or trademarks as a link to any Website, unless the creation of such a link is approved in advance, and in writing, by All About Driveways. Registered and unregistered proprietary information is owned and held by All About Driveways and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.
All About Driveways is a trademark or trade dress in the United States and/or other countries. All About Driveway’s trademarks and trade dress may not be used in connection with any product or service that is not All About Driveway’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits All About Driveways. All other trademarks not owned by All About Driveways that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, All About Driveways.
You expressly consent to be contacted by All About Driveways, its agents, representatives, affiliates, or anyone calling on its behalf including, but not limited to, All About Driveways’ Partner Networks, for any and all purposes arising out of or relating to your use of our Website, at any telephone number, or physical or electronic address that you provide to us or at which you can be reached. You agree that All About Driveways and its Partner Networks can contact you in any way including, but not limited to, SMS messages including text messages, calls using prerecorded messages or artificial voice, and calls and messages that are delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether it is by you or another party. In the event that an agent, representative or affiliate calls, they may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages including text messages, calls and messages (including, but not limited to, prerecorded and artificial voice and autodialed) from All About Driveways, our agents, representatives, affiliates or anyone calling on our behalf including, but not limited to, All About Driveways’ Partner Networks, at the specific number(s) you have provided to us, or numbers that we can reasonably associate with you, with information or questions about your driveway. You further certify, warrant and represent that the telephone numbers that you have provided to All About Driveways are your contact numbers. You also warrant and represent that you are permitted to receive calls at each of the telephone numbers that you have provided to us. You agree that you shall promptly inform us in the event that you stop using any of the telephone numbers provided to us. Your cellular or mobile telephone provider may charge you depending on the terms of your plan with them. You also agree that All About Driveways, its agents, representatives, affiliates, or anyone calling on its behalf including, but not limited to, All About Driveways’ Partner Networks, may contact you by e-mail, using any e-mail address that you have provided to us or that you may provide to us in the future. It is also possible that All About Driveways, its agents representatives, affiliates, or anyone calling on its behalf including, but not limited to, its Partner Networks, may listen to and/or record phone calls between you and All About Driveways’ representatives without notice to you, as may be permitted by applicable law.
Third Party Websites
You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; monitoring, gathering or copying content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; framing or utilizing framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; using any meta tags or any other “hidden text” utilizing All About Driveway’s name or any trademarks; and engaging in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.
You agree that you are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, abusive, harassing, pornographic or profane material, any copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. All About Driveways reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.
Termination of Use of This Website
You agree that any violation of these Terms and Conditions; the unauthorized use of this Website, content materials and intellectual property; as well as any fraudulent, abusive or otherwise illegal activity, shall be grounds for termination of your right to access, browse and use this Website. All About Driveways reserves the right, in its sole discretion, to terminate, suspend or restrict your access to this Website and its content and use at any time, with or without notice and without any obligation to refund any portion of fees paid for any product or service. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by All About Driveways.
All About Driveways attempts to be as accurate as possible. However, All About Driveways does not warrant that content on this Website, including descriptions of products and other content, is accurate, complete, reliable, current or error free.
Limited Availability and Price
In the event a service is listed at an incorrect price due to a typographical error, All About Driveways shall have the right to refuse, or to cancel, any service listed at the incorrect price.
Obligations of the Parties
Anyone using this Website shall be bound by all of these terms and conditions. Additionally, they shall be bound by the following terms and conditions:
Both the homeowner and the contractor must accurately identify themselves and provide accurate contact information.
A homeowner must provide accurate information with respect to the work that they seek to have performed and the contractor must provide accurate information about themselves and the services that they will provide to the homeowner, and therefore each party shall be responsible for any and all such information. No such information will be provided by All About Driveways.
All About Driveways shall not be a direct party to any transaction between the homeowner and the contractor utilizing this Website and is not vouching for either party to the transaction.
All About Driveways shall not be responsible for verifying any information provided by a homeowner or a contractor, nor does All About Driveways guarantee the reliability or accuracy of such information. Despite this, All About Driveways reserves the right to review any and all such information to insure compliance with these terms and conditions. In the event that All About Driveways determines that a homeowner or contractor has violated any of these terms and conditions, All About Driveways shall have the right, at its discretion, to remove the party in question from this Website and to bar the homeowner or contractor from using this Website.
If requested by a homeowner, All About Driveways will provide up to three estimates, from contractors that have been vetted by it as described elsewhere on this Website, to perform specific work requested by the homeowner. If none of the contractors that have been so vetted by All About Driveways provide an estimate for the requested work, or if no such contractors are located in the area in question, then All About Driveways will forward the homeowner’s request to its partner network which also purportedly vets contractors, though All About Driveways makes no representations as to the extent of any third party’s vetting process. Despite the provision of these services, All About Driveways is not acting as a guarantor of the work of any contractor, even one obtained through this Website.
All of the terms of any contract that may be entered into between the homeowner and the contractor shall be determined by direct negotiations between the homeowner and the contractor.
All About Driveways does not guarantee the condition of any property upon which a contractor is to perform any services.
All About Driveways does not guarantee payment to a contractor from a homeowner obtained as a customer through this Website.
All About Driveways does not guarantee the performance of either the homeowner nor the contractor.
All About Driveways shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, in the course of a contractor performing any work on behalf of a homeowner.
All About Driveways shall not be responsible for dealing with any issues that may arise between the homeowner and the contractor and shall not be responsible for issuing any refunds.
Even though All About Driveways invites users of this Website to submit complaints that they may have pertaining to any contractor performing driveway services on their behalf, All About Driveways does not make any representations nor guarantees that it will undertake an investigation of the complaint, as to the nature of the investigation if one is undertaken, nor regarding the resolution of such complaints.
All About Driveways does not collect a fee from homeowners utilizing this Website.
All About Driveways may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. All About Driveways shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. All About Driveways also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions each and every time you visit this Website to remain informed of any changes to them.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.
All About Driveways reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.
Disclosure to Authorities
All About Driveways cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize All About Driveways to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose All About Driveways to legal liability.
Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, you agree to indemnify, defend and hold harmless All About Driveways, and all of its parents, affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, attorneys, representatives, and their heirs, predecessors, successors and assigns, whether existing now or in the future, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use or alleged use of this Website or any breach by you of these Terms and Conditions, or the representations, warranties and covenants made by you by your agreeing to these Terms and Conditions. All About Driveways reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this provision and, in such an event, you agree to fully cooperate with All About Driveway’s defense of such matter. All About Driveway’s assumption of the defense and control of any such matters shall not abrogate any of your obligations hereunder.
Enforceability, Governing Law and Jurisdiction
These Terms and Conditions constitute the entire agreement between you and All About Driveways with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any action against All About Driveways arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in the County of Jefferson, State of Colorado. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of Jefferson, State of Colorado, for the adjudication of all claims by All About Driveways against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Colorado law as the governing law and to the sole and exclusive venue being Jefferson County, Colorado. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services shall constitute your consent to these terms.
All About Driveway’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by All About Driveways in writing. You acknowledge and agree that you will not seek to litigate any claims against All About Driveways or any of its affiliates, existing now or in the future, on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Limitations on Actions
Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.
You represent that you are 18 years of age or older and a citizen of the United States currently residing in the United States and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
If you have any questions, please contact Patrick Mattingley, 3531 S. Logan Street, Suite D212, Englewood, CO 80113, (720) 445-4400, firstname.lastname@example.org.