Pro Carpet Care & Cleaning Services LLC

Terms and Conditions

 

 

Effective Date January 01, 2021

LAST UPDATED DATE: JANUARY 10, 2021

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR  CUSTOMER CONTACT CENTER, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER, OBTAIN OR RECIEVE PRODUCTS OR SERVICES FROM THIS WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER IF YOU (A) DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY; (B) DO NOT RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS; (C) ARE AT LEAST 18 YEARS OF AGE OR ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER.

Changes to the Terms and Conditions

These Terms and Conditions apply to the purchase and sale of products and services through www.Procarpetcareandcleaningservices.com (the “Website”) and Customer Contact Center. These Terms and Conditions are subject to change by Pro Carpet Care and Cleaning services LLC. (referred to as the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms and Conditions prior to ordering, obtaining or receiving any product or services that are available through this Website or Customer Contact Center. Your continued use of this Website or our Contact Center or your receipt of products or services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Order Acceptance and Cancellation

You agree that orders placed through the Website or our Customer Contact Center constitute an offer to buy the products and services listed in your order pursuant to these Terms and Conditions. For all orders placed through our Customer Contact Center, a copy of these Terms and Conditions will be made available for your review and acceptance immediately following your order via a confirmation email. By proceeding with the delivery of the products and services listed in orders placed through our Customer Contact Center you are affirmatively accepting these Terms and Conditions. You may revoke your offer to buy at any time prior to the delivery. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

COVID-19 Representations

The health and safety of our Customers; our Employees and the Employees of Pro Carpet Care & Cleaning Services is our top priority. During the public health crisis precipitated by COVID-19, we are asking all Customers to make certain representations regarding the nature of the services they have ordered, and the conditions present at the location where services will be provided. Accordingly, by placing an order through the Website or our Customer Contact Center you are making the following representations:

  • The residence, business or building where the services are to be performed has not been occupied—within the 48 hours preceding the date of service—by anyone that:
    • has experienced flu-like symptoms, has been sick or diagnosed with COVID-19 or any other infectious respiratory disease; or
    • has been in close contact with anyone diagnosed with COVID-19 or any other infectious respiratory disease; or
    • has been under any voluntary or required self-quarantine or isolation order.
  • The services you have ordered are—in your judgement—both urgent and/or necessary for maintaining the safety, sanitation, and essential operation of your residence, business or building and that such services should not be postponed until a later time.

  • Changes to the Website

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  • Links from the Website

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  • Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

    WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, FRANCHSIEES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR CUSTOMER CONTACT CENTER, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS ORDERED, OBTAINED, OR RECIEVED THROUGH THE WEBSITE OR OUR CUSTOMER CONTACT CENTER OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, franchisees, licensees and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or our Customer Contact Center, including, but not limited to, your UGC, any use of the Website’s content or the products and services ordered, obtained or received through the Website or our National Customer Contact Center other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

  • Dispute Resolution and Binding Arbitration

    DUE TO THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) PROVIDED BY PRIVATE BINDING ARBITRATION, BOTH YOU AND Pro Carpet Care & Cleaning Services LLC. AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE CUSTOMER CONTACT CENTER, ANY PRODUCTS OR SERVICES SOLD, OBTAINED, OR RECIEVED FROM PRO CARPET CARE & cLEANING sERVICES LLC . THROUGH THE WEBSITES OR THE CUSTOMER CONTACT CENTER, THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR THE SCOPE OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW.

    Any arbitration pursuant to the Terms and Conditions or the Privacy Policy shall be initiated with and conducted by the American Arbitration Association (AAA) in accordance with the AAA’s Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, both of which may be obtained at http://www.adr.org or by calling (800)778‐7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in NEW JERSEY. Nothing herein shall prevent PRO CAREPT CARE AND CLEANING SERVICES LLC. or you from obtaining from a temporary restraining order or preliminary injunctive relief to preserve the status quo or to prevent any irreparable harm pending the arbitration of the underlying claim, dispute, and/or controversy.

    The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten (10) years’ experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within forty-five (45) days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the “Decision”) shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that You and PRO CARPET CARE & CLEANING SERVICES LLC. agree that the Decision may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at http://www.adr.org or by calling (800)778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable in civil cases in the relevant jurisdiction and shall issue a reasoned award. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties, and may be entered in any court of competent jurisdiction. At either party’s election, such decision and supporting opinion may be appealed to another arbitrator (“appellate arbitrator”), who shall be chosen in the same manner as described above. The appellate arbitrator shall apply to the underlying decision and opinion the same standard for review of civil cases as an appellate court in the relevant jurisdiction and issue a decision in writing with a supporting opinion based on such review and applicable law. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties and may be entered in any court of competent jurisdiction.

    WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN PRO CARPET CARE & CLEANING SERVICES LLC. AND ANY OTHER PERSON. YOU AND PRO CARPET CARE & CLEANING SERVICES LLC. BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

    Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in Franklin County, Ohio. In such circumstances, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  • Waiver and Severability

    No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

    If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

  • Cookie Acceptance

    This website uses cookies to better understand how visitors use our site, for advertising, and to offer you a more personalized experience. We share information about your use of our site with analytics, social media, and advertising partners in accordance with our Privacy Policy. You accept our use of cookies by continuing to browse this website.

  • Entire Agreement

    These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Pro Carpet care and cleaning services llc. with respect to the Website and our National Customer Contact Center and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to both the Website and our National Customer Contact Center.

Your Comments and Concerns

This website is operated by:

PRO CARPET CARE & CLEANING SERVICES LLC.
1402 SOUTH AVE,APT 102, PLAINFILED NJ 07062

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Procarepetcare.cleaning@Gmail.com.

Thank you for visiting PROCARPETCAREANDCLEANINGSERVICES.COM