Terms of Service
Last Updated: January 1, 2025
Welcome to ASAP Plumbing Co. ("we," "our," or "us"). By using asapplumbingco.com (the "Site") or our services, you agree to these Terms of Service ("Terms"). Please read them carefully.
IMPORTANT: These Terms contain a mandatory arbitration clause and class action waiver in Section 12. Please read Section 12 carefully.
1. Acceptance of Terms
By accessing or using our Site, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree, do not use our services.
2. Description of Services
ASAP Plumbing Co. operates as a lead generation and referral service. We:
- Connect customers with licensed, independent plumbers in their area
- Do NOT directly provide plumbing services
- Act as an intermediary between customers and service providers
- Are NOT responsible for the work performed by independent plumbers
3. User Eligibility
You must be:
- At least 18 years old
- Capable of forming a binding contract
- Not prohibited from using our services under applicable law
4. Use of Services
4.1 Permitted Use
You may use our services to:
- Request emergency or scheduled plumbing services
- Communicate with plumbers in our network
- Access information about plumbing services
4.2 Prohibited Activities
You may NOT:
- Provide false or misleading information
- Use the service for fraudulent purposes
- Harass, abuse, or harm service providers
- Attempt to bypass our referral system to contact plumbers directly
- Scrape, copy, or extract data from our Site
- Use automated systems (bots, scrapers) to access our Site
- Interfere with the operation of our services
- Violate any applicable laws or regulations
5. Independent Contractors
All plumbers in our network are independent contractors, not employees or agents of ASAP Plumbing Co. This means:
- Each plumber is independently licensed and insured
- We do not control how plumbers perform their work
- We do not guarantee the quality of work performed
- Plumbers are responsible for their own actions and work
- Any agreements or disputes are between you and the plumber
6. No Warranty on Services
IMPORTANT: We do NOT warranty or guarantee:
- The quality of work performed by plumbers
- Response times (though we strive for 60 minutes)
- Availability of plumbers at all times
- Pricing or cost estimates provided by plumbers
- That services will meet your specific needs
All services are provided on an "AS IS" and "AS AVAILABLE" basis.
7. Pricing and Payment
- We do NOT charge customers for referrals or connections
- You pay the plumber directly for services rendered
- Pricing is determined by the independent plumber
- We are NOT responsible for billing disputes
- All payment arrangements are between you and the plumber
8. Cancellations and No-Shows
- You may cancel service requests at any time before the plumber arrives
- Late cancellations or no-shows may result in charges from the plumber
- We are not responsible for cancellation fees charged by plumbers
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We are NOT liable for any damages arising from plumbing services
- We are NOT liable for property damage, personal injury, or losses
- We are NOT liable for delays, errors, or service unavailability
- Our total liability to you shall not exceed $100
This includes direct, indirect, incidental, consequential, or punitive damages.
10. Indemnification
You agree to indemnify and hold harmless ASAP Plumbing Co., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your interactions with plumbers
- Any services performed at your property
11. Disputes with Plumbers
Any disputes regarding:
- Quality of work
- Pricing or billing
- Property damage
- Service performance
Must be resolved directly with the plumber. We may assist with communication but are not responsible for resolving disputes or mediating conflicts.
12. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court.
12.1 Mandatory Arbitration
Any dispute between you and ASAP Plumbing Co. shall be resolved through binding arbitration, NOT in court. This includes disputes about:
- These Terms or our services
- Our Privacy Policy
- Any advertising or marketing
- Your use of the Site
12.2 Arbitration Rules
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision is final and binding.
12.3 Class Action Waiver
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All disputes must be brought individually.
12.4 Exceptions
This arbitration clause does NOT apply to:
- Small claims court actions (under $10,000)
- Claims for injunctive relief
13. Intellectual Property
All content on our Site (text, graphics, logos, images) is owned by ASAP Plumbing Co. or licensed to us. You may NOT:
- Copy, reproduce, or distribute our content
- Use our name, logo, or trademarks without permission
- Create derivative works from our content
14. Links to Third-Party Sites
Our Site may contain links to third-party websites. We are NOT responsible for:
- The content of third-party sites
- Privacy practices of third-party sites
- Products or services offered by third parties
15. Termination
We may terminate or suspend your access to our services at any time, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Abuse of service providers
- Any reason at our sole discretion
16. Changes to Terms
We may update these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance.
17. Governing Law
These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ASAP Plumbing Co.
20. Contact Us
If you have questions about these Terms, contact us:
- Email: legal@asapplumbingco.com
- Phone: (800) 555-1234
- Mail: ASAP Plumbing Co., Legal Department, [Your Address]
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