Terms of Use

Thelen Bros. Complete Property Care, LLC (“Thelen Bros”) is pleased to welcome you to our web site (the “Web Site”). We are very proud of the products we offer and hope your experience with this web site will be enjoyable and productive.

The Web Site features or may feature text, graphics, files, audio, video, applications, and other data/information (the “Content”) Your agreement to the Web Site Terms of Use is demonstrated by accessing or using the Web Site, including, without limitation, browsing, downloading/printing Content, or any other interaction with the Web Site. If you do not agree to any of the Web Site Terms of Use, you are free to not use the Web Site.

Irrespective of our right to modify the Terms of Use, Thelen Bros reserves the right to modify or discontinue the operation of the Web Site, temporarily or permanently, with or without notice. You agree that Thelen Bros shall not be liable to you for any modification to or discontinuance of the Web Site.

USE OF CONTENT

You acknowledge and agree that as between you and Thelen Bros and its licensors the Content of the Web Site is owned by Thelen Bros and/or its licensors and protected by their rights under copyright, trademark, patent, and/or other applicable laws, and any misuse of the Content will violate such laws and these Terms of Use. Except as expressly provided herein, neither Thelen Bros or its licensors grant any express or implied rights to use the Web Site/Content, including, without limitation, to copy, frame, download, modify, sell, assign, distribute, license/sublicense, reverse engineer, or create derivative works. You may, however, view, copy, print, and download Content solely for personal, non-commercial and information gathering purposes (and in the case of a business entity as reasonably necessary for internal business purposes related to the decision to purchase or in furtherance of the purchase of a Product/Service); provided that the Content is not altered or modified, and copyright or other proprietary notices remain on all copies of the Content. Thelen Bros and its licensors reserve all rights in and to the Content not expressly granted.

USE OF PRODUCTS/SERVICES

Use of any Product (e.g., software) or Service made available through the Web Site is governed by the terms of the license/purchase agreement that accompanies it. The ability to purchase, download, install, and use any Product/Service is subject to your agreement to all terms of license/purchase. In the event license/purchase terms are not present, purchase, download, installation, and/or use of will be governed by these Terms of Use, and you agree that with respect to any software, you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software, except and only to the extent expressly permitted by applicable law.

USE OF TRADEMARKS

The trademarks, logos, and service marks displayed on the Web Site are the property of Thelen Bros and various third parties. You may not use marks found on the Web Site without the prior written consent of Thelen Bros or such third parties.

PROHIBITED USE

In connection with your use of the Web Site you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any Content, Product, or Service you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Web Site; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) post, transmit, or access through the Web Site materials that would violate any law or the rights of others, including, without limitation, any threatening, harassing, defamatory, or obscene materials, materials that violate laws against copyright infringement, rights of privacy and publicity, or junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Web Site, Content, Products, or Services.

ACCURACY OF CONTENT

Thelen Bros uses reasonable efforts to provide accurate and up-to-date information on the Web Site, however, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any typographical or other errors or omissions. In the event a product/service is presented with incorrect information, such as pricing, Thelen Bros shall have the right to refuse or cancel orders placed for the product/service listed incorrectly, and your sole remedy will be a refund of the purchase price.

WARRANTIES AND DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Thelen Bros THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION, Thelen Bros AND ITS SUPPLIERS PROVIDE THE WEB SITE, CONTENT, PRODUCTS, AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Thelen Bros AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Thelen Bros THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION, (A) IN NO EVENT SHALL Thelen Bros, ITS SUBSIDIARIES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Thelen Bros HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEB SITE, THE CONTENT, PRODUCTS, OR THE SERVICES; AND (B) TO THE EXTENT Thelen Bros IS HELD LIABLE BY A COURT OF COMPETENT JURISDICTION, UNDER ANY LEGAL THEORY, FOR DIRECT OR OTHER DAMAGES, Thelen Bros’ MAXIMUM LIABILITY SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE FOR THE PRODUCT/SERVICE, OR $50, WHICHEVER IS GREATER. THE EXISTENCE OF ONE OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT, AND EACH PARTY ACKNOWLEDGES THIS IS AN APPROPRIATE ALLOCATION OF RISK FOR USE OF THE WEB SITE AND ITS PRODUCTS/SERVICES, AND Thelen Bros WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

LINKS TO THIRD PARTY WEB SITES

The Web Site contains links to other web sites that are not controlled by Thelen Bros. These links are provided for convenience. Thelen Bros is not responsible and assumes no liability for the contents of any of these web sites, and unless expressly stated does not endorse, nor shall the links be inferred as an endorsement of, these web sites or their contents, products, or services.

INDEMNITY

You agree to indemnify and hold Thelen Bros, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your violation of the Web Site Terms of Use, any applicable law, or the rights of any third party.

GENERAL TERMS

The Web Site Terms of Use sets forth the entire understanding between you and Thelen Bros with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. Any failure by Thelen Bros to enforce or exercise any provision of the Web Site Terms of Use or related right shall not constitute a waiver of that right or provision. The Web Site Terms of Use shall be construed without regard to any presumption or rule requiring construction against the drafter. The captions and section headings are for convenience only and are not form a part of the agreement and shall not be used in construing it. The Web Site is operated by Thelen Bros from its offices within the United States, more specifically California, and all information provided by you and gathered by Thelen Bros is processed in the United States. Thelen Bros makes no representation that the Web Site, Content, or Services are appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Web Site, Content, Products, or Services are illegal is prohibited. If you access the Web Site from a location outside the United States, you are responsible for compliance with all local laws.

NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.