TERMS & CONDITIONS
Last Updated: September 5, 2024
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Welcome to the website of Jeromy Fowler Electric, LLC ("we," "us," or "our"). By accessing or using our website, www.jeromyfowler.com (the "Site"), and any services provided through the Site, you agree to be bound by the following Terms and Conditions. If you do not agree to these terms, please do not use our Site.
1. Acceptance of Terms
A. By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy, which is provided in the link here for your reference. These terms constitute a legally binding agreement between you and Jeromy Fowler Electric, LLC.
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2. Changes to Terms
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A. We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on this page, with an updated effective date. Your continued use of the Site following any changes constitutes your acceptance of the new terms. It is your responsibility to review these terms periodically.
3. Use of the Site
A. Eligibility: You must be at least 18 years old to use our Site. By using the Site, you represent and warrant that you are 18 years or older.
B. Account Responsibility: If you create an account on our Site, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
C. Prohibited Activities: You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. You also agree not to interfere with any other party's use and enjoyment of the Site.
4. Services Provided
A. Description of Services: Jeromy Fowler Electric, LLC provides electrical contracting services, including but not limited to residential and commercial electrical installations, repairs, and maintenance.
B. Service Availability: We do not guarantee the availability of specific services at all times. Service availability may vary based on location, current workload, and other factors. We reserve the right to refuse service to any person or entity at our discretion.
C. Estimates and Quotes: Estimates or quotes provided through the Site are preliminary and may change based on a detailed assessment. Final costs may differ depending on project specifics and additional factors.
D. Ethical Standards and Conduct: Jeromy Fowler Electric, LLC is committed to maintaining high ethical standards in all interactions and service provision. Our members, employees and subcontractors are expected to adhere to industry regulations and act with professionalism and integrity.
E. Health and Safety Information: The information provided on our Site is intended for general informational purposes only. It does not constitute professional advice. Electrical work can be hazardous and should only be performed by licensed professionals. Always follow applicable safety guidelines and local regulations. For specific safety concerns, consult a qualified professional such as the agents or members of Jeromy Fowler Electric, LLC.
5. Intellectual Property
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A. Ownership: All content on the Site, including text, graphics, logos, images, and software, is the property of Jeromy Fowler Electric, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
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B. Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, or create derivative works from any content on the Site without our prior written consent.
6. Disclaimer of Warranties
A. No Warranty: The Site and all content, materials, and services provided through the Site are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
B. No Guarantee of Accuracy: Jeromy Fowler Electric, LLC makes no guarantee that the Site will meet your requirements, be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy, completeness, or reliability of any content on the Site. Your use of the Site and its content is at your own risk.
7. Limitation of Liability
A. Exclusion of Liability: To the fullest extent permitted by law, Jeromy Fowler Electric, LLC, its members, affiliates, officers, directors, employees, and agents shall not be liable for any damages, losses, or expenses of any kind, whether direct, indirect, incidental, special, consequential, or punitive, arising out of or in connection with your use of the Site or services. This includes but is not limited to, damages for loss of profits, data loss, business interruption, or any other loss or damage arising from your reliance on or use of the Site.
8. Indemnification
A. You agree to hold harmless and indemnify Jeromy Fowler Electric, LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any person or entity.
9. Governing Law and Dispute Resolution
A. Governing Law: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising from or related to these Terms and Conditions or your use of the Site shall be exclusively brought in the state or federal courts located nearest to Asheville, North Carolina. By using the Site, you consent to the personal jurisdiction and venue of such courts.
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B. Dispute Resolution:
a. Initial Dispute Resolution: Before initiating any formal dispute resolution process, you agree to engage in good faith negotiations to resolve any dispute or claim arising from these Terms and Conditions or your use of the Site. The parties will have thirty (30) days from the date of written notice of the dispute to resolve the matter through these informal discussions.
b. Binding Arbitration: If the dispute is not resolved through informal negotiations, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) nearest to Asheville, North Carolina. The arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules, and the decision of the arbitrator shall be final and binding.
i. Arbitrator Selection: The arbitration will be conducted before a single arbitrator with substantial experience in electronic commerce disputes, as selected in accordance with the AAA’s rules.
ii. Arbitration Procedures: The arbitration will be conducted in English, and all hearings will take place nearest to Asheville, North Carolina. Each party shall bear its own costs and legal fees related to the arbitration, except as otherwise provided by applicable law or awarded by the arbitrator.
iii. Enforcement of Award: The arbitration award may be entered in any court having competent jurisdiction and will be enforceable to the fullest extent allowed by law.
c. Exceptions to Arbitration: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent or remedy actual or anticipated breaches of intellectual property rights or to enforce these Terms and Conditions.
d. Class Action Waiver: Any arbitration or legal proceeding must be conducted on an individual basis. You agree not to participate in, or seek, any class action, representative action, or consolidated action.
e. Severability: If any provision of this section is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
f. Limitation Period: Any claim or cause of action arising out of or related to these Terms and Conditions or your use of the Site must be filed within one (1) year after the cause of action arises, or it will be permanently barred.
10. Severability
A. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.
11. Termination
A. We reserve the right to terminate or suspend your access to the Site and services at our sole discretion, without notice, for any reason, including if you violate these Terms and Conditions.
12. Contact Information
If you have any questions about these Terms and Conditions or our Site, please contact us at:
Jeromy Fowler Electric, LLC
Email: jfowlerelectric@gmail.com
Phone: (860) 488-0927