PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING EMERGENCYPLUMBER24H.CA

Direct24 Web Advertising LTD

 

Welcome to EMERGENCYPLUMBER24H.CA

1.1 These Terms of Use, together with the privacy policy, (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.

1.2 This Agreement constitutes a legal agreement between you (“you” or “User”) and Direct24 Web Advertising LTD a company incorporated in Ireland with registered number 663757 whose registered office is at Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland (“Direct24” or “us”). This Agreement governs your use of our services and platform (EMERGENCYPLUMBER24H.CA).

1.3 By accessing, using or registering with (EMERGENCYPLUMBER24H.CA) or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement, as we may publish from time to time. If you do not agree to accept and be bound by this Agreement, you must immediately stop using (EMERGENCYPLUMBER24H.CA).

1.4 To the extent permitted and except where prohibited by applicable law, this Agreement include:

(i) Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 60 days prior to the initiation of any claim.

(ii) Your agreement that no claims can be adjudicated on a class basis.

(iii) Your agreement that EMERGENCYPLUMBER24H.CA is provided “as is” and without warranty.

(iv) Your agreement that (a) EMERGENCYPLUMBER24H.CA is solely a communications platform that facilitates transactions between professionals (the “Professionals”) and potential customers (the “Potential Customers”) looking for professional services (the “Service”), (b) the Service is performed by Professionals as third parties, (c) Direct24 has no liability for any Service or any acts or omissions of third parties, nor is responsible for the conduct, whether online or offline, of any user.

(v) Your agreement to release Direct24 from liability based on claims relating to the Service and otherwise and your agreement to the limitation of time within which a claim can be brought.

(vi) Your agreement to indemnify Direct24 from claims due to your use, misuse or inability to use EMERGENCYPLUMBER24H.CA, the Service, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to EMERGENCYPLUMBER24H.CA.

(vii) Your consent to any modifications or amendments to this Agreement.

(viii) Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1.5 Your acceptance of this Agreement includes allowing us to use third-party service providers to provide EMERGENCYPLUMBER24H.CA to you and the rights granted to us are extended to these third parties to the degree necessary in order for EMERGENCYPLUMBER24H.CA to be provided.

1.6 By using EMERGENCYPLUMBER24H.CA, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

What is EMERGENCYPLUMBER24H.CA and how it works

2.1 EMERGENCYPLUMBER24H.CA is a platform that facilitates transactions between professionals (the “Professionals”) and potential customers (the “Potential Customers”) looking for professional services (the “Service”). We are never a buyer and/or a seller. We provide a venue for you to complete possible transactions. This means that in addition to this Agreement, you, as Professional or Potential Customer, will have other contractual relationships respectively with Potential Customers or Professionals. Whatever Service you, as Potential Customer, purchase will be subject to the terms and conditions of the Professionals. Any contracts related to the provision of the Service are solely between you and the Professionals. The Professionals are responsible for the provision of the Service and for dealing with any claims or any other issue arising out of or in connection with the contract between you, as Potential Customer, and them.

2.2 We check the backgrounds of the Professionals. However, you, as Potential Customer, should exercise common sense to protect yourself, just as you would when interacting with any person whom you do not know. We have no responsibility or liability for the transaction between you and the Professionals related to the Service, including, but not limited to, a warranty of good services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code. You hereby acknowledge and agree that we are providing our services as an intermediary and that we shall not be held responsible or liable for any actions or omissions performed or omitted by the Professionals. By using EMERGENCYPLUMBER24H.CA you agree to hold Direct24 free from the responsibility for any liability or damage that might arise out of the Service.

2.3 When you, as Professional, register to use EMERGENCYPLUMBER24H.CA, you will provide Us some personal information (for example: contact Information such as email addresses and telephone numbers). You must not furnish false personal information and data and you must ensure that such information that you provide remain valid.

Some basics rules for use of EMERGENCYPLUMBER24H.CA you should know

3.1 Potential Customers agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Services. Professionals agree to provide Services in accordance with all applicable laws and regulations.

3.2 You shall not use EMERGENCYPLUMBER24H.CA to do any of the following:

(i) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.

(ii) Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.

(iii) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.

(iv) Use EMERGENCYPLUMBER24H.CA or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.

(v) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.

(vi) Solicit employment or contract work which is not relevant to services offered through EMERGENCYPLUMBER24H.CA. You may not solicit, advertise for, or contact in any form Users, contracting, or any other purpose not related to Services facilitated through EMERGENCYPLUMBER24H.CA without express written permission from us.

(vii) Use EMERGENCYPLUMBER24H.CA to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.

(viii) Conduct or forward surveys, contests, pyramid schemes, or chain letters.

(ix) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

(x) Download any file that you know, or reasonably should know, cannot be legally distributed through EMERGENCYPLUMBER24H.CA, or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

(xi) Restrict or inhibit any other User from using and enjoying EMERGENCYPLUMBER24H.CA.

(xii) Imply or state that any statements you make are endorsed by us, without our prior written consent.

(xiii) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with EMERGENCYPLUMBER24H.CA, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index EMERGENCYPLUMBER24H.CA in any manner, or attempt to do any of the foregoing.

(xiv) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.

(xv) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

(xvi) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.

(xvii) Use EMERGENCYPLUMBER24H.CA under different usernames or identities, after your account has been suspended or terminated.

(xviii) Mirror or archive any part of EMERGENCYPLUMBER24H.CA or any content or material contained on EMERGENCYPLUMBER24H.CA without Direct24’s written permission.

(xix) Alter transmission data without Direct24’s consent.

No Employment

4.1 EMERGENCYPLUMBER24H.CA allows Potential Customers to connect with Professionals.  Direct24 is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Direct24 for any purpose whatsoever.

Intellectual Property Rights

EMERGENCYPLUMBER24H.CA, and the information, data, content and materials, which it contains (“EMERGENCYPLUMBER24H.CA Contents”), are the property of Direct24 and/or its affiliates and licensors, excluding User-generated content, which Direct24 has a right to use as described below. EMERGENCYPLUMBER24H.CA Contents are protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions, and other intellectual property laws. Direct24 and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with EMERGENCYPLUMBER24H.CA Contents. Any use of EMERGENCYPLUMBER24H.CA Contents, other than as expressly permitted herein, is prohibited without the prior permission of Direct24 and/or the relevant right holder. The service marks and trademarks of Direct24, including without limitation including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs and the Direct24 logo are service marks owned by Direct24. Any other trademarks, service marks, logos and/or trade names appearing on EMERGENCYPLUMBER24H.CA are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on EMERGENCYPLUMBER24H.CA without the express prior written consent of the owner.

Copyright Complaints and Copyright Agent

Direct24 respects the intellectual property of others, and expects Users to do the same. Direct24 will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the EMERGENCYPLUMBER24H.CA infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Direct24 a properly submitted copyright notice as indicated below, Direct24 will investigate, and if it determines, in its discretion, that the material is infringing, Direct24 will remove the content and may terminate the access of the User who posted such content to EMERGENCYPLUMBER24H.CA in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.

(ii) A statement specifically identifying the location of the infringing material, with enough detail that Direct24 may find it on EMERGENCYPLUMBER24H.CA.

(iii) The complete name, address, telephone number and email address of Complainant.

(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;

(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

Direct24’s contact information for notice of alleged copyright infringement is:

Email: [email protected]

Or via Mail: Direct24 Web Advertising LTD, Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland

Modifications to EMERGENCYPLUMBER24H.CA

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, EMERGENCYPLUMBER24H.CA or any content or information on EMERGENCYPLUMBER24H.CA with or without notice. We will not be liable to any party for any modification or discontinuance of EMERGENCYPLUMBER24H.CA.

Confidentiality

The term “Confidential Information” shall mean any and all of Direct24’s trade secrets, confidential and proprietary information, personal information and all other information and data of Direct24 that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The EMERGENCYPLUMBER24H.CA contains secured components that are accessible only to those who have been granted a username and password by Direct24. Information contained within the secure components of the EMERGENCYPLUMBER24H.CA is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Direct24 and agree that you will not use Confidential Information other than as necessary for you to make use of EMERGENCYPLUMBER24H.CA as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Direct24 in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Direct24 upon termination of this Agreement for any reason whatsoever.

Disclaimer of Warranties and Limitation on Liability

9.1 USE OF THE EMERGENCYPLUMBER24H.CA IS ENTIRELY AT YOUR OWN RISK

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMERGENCYPLUMBER24H.CA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER DIRECT24 NOR ITS AFFILIATES OR LICENSORS WARRANT THAT EMERGENCYPLUMBER24H.CA WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH EMERGENCYPLUMBER24H.CA; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EMERGENCYPLUMBER24H.CA, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF EMERGENCYPLUMBER24H.CA OR THIS AGREEMENT. NEITHER DIRECT24 NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF EMERGENCYPLUMBER24H.CA (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY POTENTIUAL CUSTOMERS OR PROFESSIONALS). NEITHER DIRECT24 NOR ITS AFFILIATES OR LICENSORS WARRANT THAT EMERGENCYPLUMBER24H.CA IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. DIRECT24 AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

9.2 NO LIABILITY

YOU AGREE NOT TO HOLD DIRECT24, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE EMERGENCYPLUMBER24H.CA, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DIRECT24 OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL DIRECT24 OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE EMERGENCYPLUMBER24H.CA OR ANY PROFESSIONAL SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. UNDER NO CIRCUMSTANCES WILL DIRECT24 OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE EMERGENCYPLUMBER24H.CA OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. DIRECT24 AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH EMERGENCYPLUMBER24H.CA, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DIRECT24 OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DIRECT24 DURING THE TWO (2) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

9.3 RELEASE

DIRECT24 AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF EMERGENCYPLUMBER24H.CA. EMERGENCYPLUMBER24H.CA IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT ES24.COM CONNECTS A USER TO A THIRD PARTY, DIRECT24 WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE DIRECT24 FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE DIRECT24 IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE DIRECT24 AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

9.4 ADDITIONAL DISCLAIMER

THE QUALITY OF THE SERVICES OBTAINED THROUGH THE USE OF EMERGENCYPLUMBER24H.CA IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING EMERGENCYPLUMBER24H.CA, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE EMERGENCYPLUMBER24H.CA, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.

NOTHING IN THIS AGREEMENT OR THE EMERGENCYPLUMBER24H.CA CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

BY USING EMERGENCYPLUMBER24H.CA, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE EMERGENCYPLUMBER24H.CA.

YOU ACCEPT THAT, AS A CORPORATION, DIRECT24 HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST DIRECT24’S OFFICERS, DIRECTORS, OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE DIRECT24’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS DIRECT24.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Direct24, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use EMERGENCYPLUMBER24H.CA and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) your Information and content that you submit or transmit through EMERGENCYPLUMBER24H.CA. Direct24 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Direct24.

Mutual Arbitration Agreement

11.1 Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy, or claim, past, present, or future, between you and Direct24, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Direct24 may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Direct24. Direct24’s address for such notices is: Direct24 Web Advertising LTD, Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland.

Assignment

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

General Provisions

14.1 All provisions that should by their nature survive the expiration or termination of this Agreement, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Direct24 with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Direct24. Direct24’s address for such notices is: Direct24 Web Advertising LTD, Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland and/or by mail to  [email protected]. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Direct24, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Direct24 shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Direct24’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.

14.2 These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to this Agreement

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, EMERGENCYPLUMBER24H.CA.

Your continued use of EMERGENCYPLUMBER24H.CA following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

Contact Information

If you have any questions regarding this Agreement, please contact us at [email protected] or by mail the below address:

Direct24 Web Advertising LTD, Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF EMERGENCYPLUMBER24H.CA IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.