TERMS OF SERVICE/CONDITIONS AGREEMENT
Please read the following Terms of Service/Conditions carefully. By accessing or using our site(s) and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services. This Terms & Service/Conditions agreement is effective/updated as of 02/22/2017.
ACCEPTANCE OF TERMS
The following Terms of Service/Conditions Agreement (the "TOSC") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with falconrestoration.com, also know as Falcon Restoration LLC, located at, Florida, and our subsidiaries and affiliates, in association with the use of the Falcon Restoration website, falconrestoration.com (the "Site") and its Services, which shall be defined below.
This Site is an e-commerce website which has the following description: Specialized restoration services fulfilled with a prompt response while maintaining constant communication with homeowner, insurance agent and contractor.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOSC. Once an individual registers for our Services, through the process of creating an account or use of our site forms, the user shall then be considered a "user or member". The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Falcon Restoration LLC. At its discretion, Falcon Restoration may offer additional website Services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Falcon Restoration does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Falcon Restoration LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any our our Services and/or products. Your continued use of Service provided, after update, changes and/or modification, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms of service/conditions currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understand, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Falcon Restoration LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalize settings.
You herein acknowledge, understand and agree that all of the Falcon Restoration trademarks,
copyright, trade name, service marks, and other Falcon Restoration logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of Falcon
Restoration. You herein agree not to display and/or use in any manner the Falcon Restoration logo or marks without written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Falcon Restoration will always respect the intellectual property of others, and we ask that all of our
users to the same. With regards to appropriate circumstances and at its sole discretion, Falcon Restoration
may disable and/or terminate the accounts of any user who repeatedly violates our TOSC and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property rights have been otherwise
violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has been
- c) A description of the location of the site which you allege has been infringing upon your work;
- d) The physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
- f) A statement, made under penalty of perjury, that the aforementioned information in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
- g) Copyright infringements-reproducing photos from Falcon Restoration and/or our site, without permission or purchase-can result in civil and criminal penalties.
The Falcon Restoration Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Falcon Restoration LLC Attn: Copyright Agent - 13690 Stringfellow Rd.,Bokeelia, FL 33922
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately
posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content
originated. In short, this means that you are solely responsible for any and all content posted, uploaded,
emailed, transmitted or otherwise made available by way of Falcon Restoration Services, and as such, we do
not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions in any
content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Falcon Restoration LLC.
Furthermore, you herein agree not to make use of Falcon Restoration Services for the purpose of:
- a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
- b) causing harm to minors in any manner whatsoever;
- c) impersonating any individual or entity, including, but not limited to, any Falcon Restoration officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
- d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
- e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
- f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
- g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
- h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
- i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
- j) interfering with or disrupting any Falcon Restoration Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any device
software and/or routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
- l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
- m) “stalking” or with the intent to otherwise harass another individual; and/or
- n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Falcon Restoration herein reserves the right to pre screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content
that would violate the TOSC or which would otherwise be considered offensive to other visitors, users and/or
Falcon Restoration herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action is
deemed reasonably necessary for:
- a) compliance with any legal process;
- b) enforcement of the TOSC;
- c) responding to any claim that therein contained content is in violation of the rights of any third party;
- d) responding to requests for customer service; or
- e) protecting the rights, property or the personal safety of Falcon Restoration, its visitors, users
and members, including the general public.
Falcon Restoration LLC herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of information and/or material is
subject to usage guidelines and regulations established by Falcon Restoration or any other content
providers supplying content services to Falcon Restoration. You are hereby prohibited from making
any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied
by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations, as well as the sanctions control program of the United States.
Furthermore, you state and pledge that you:
- a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
- b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
- c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
- d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Falcon Restoration shall not lay claim to ownership of any content submitted by any visitor ,
member or user, or make such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Falcon Restoration the below listed worldwide, royalty-free and nonexclusive
licenses, as applicable:
- a) The content submitted or made available for inclusion on the publicly accessible areas of Falcon
Restoration sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Falcon
Restoration sites, and shall terminate at such time when you elect to discontinue your
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Falcon Restoration sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of Falcon Restoration sites and shall terminate at such time when you elect to
discontinue your membership.
- c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Falcon Restoration sites, the continuous, binding and completely sub-license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Falcon Restoration sites are those
such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both visitors and members.
However, those areas which are not open to the public, and thus available to members only, would include
our mail system and instant messaging.
All users and/or members herein agree to insure and hold Falcon Restoration, our subsidiaries,
affiliates, agents, employees, officers, partners and/or license blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which
may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Falcon Restoration Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Falcon Restoration site(s).
Falcon Restoration shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
As a user/member of falconrestoration, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request using our Contact Us form.
As a member, you agree that Falcon Restoration may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and
access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation
of access shall include, but is not limited to:
- a) any breach or violation of our TOSC or any other incorporated agreement, regulation and/or
- b) by way of requests from law enforcement or any other governmental agencies;
- c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- d) unexpected technical or security issues and/or problems;
- e) any extended periods of inactivity;
- f) any engagement by you in any fraudulent or illegal activities; and/or
- g) the nonpayment of any associated fees that may be owed by you in connection with your
falconrestoration.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with falconrestoration.com shall include any and/or all of the
- a) the removal of any access to all or part of the Services offered within falconrestoration.com;
- b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
- c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Falcon
Restoration shall not be held responsible or liable for any loss or damage of any nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our
Either Falcon Restoration or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Falcon Restoration shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
You do hereby acknowledge and agree that Falcon Restoration Services and any essential software
that may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by Falcon Restoration or such applicable license, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on Falcon Restoration Services (e.g. Content or Software), in whole or part.
Falcon Restoration herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sub license,
grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Falcon Restoration for use
in accessing our Services.
This TOSC constitutes the entire agreement between you and Falcon Restoration LLC and shall govern the
use of our Services, superseding any prior version of this TOSC between you and us with respect to Falcon
Restoration Services. You may also be subject to additional terms and conditions that may apply
when you use or purchase certain other Falcon Restoration Services, affiliate Services, third-party
content or third-party software.
If you have any questions or suggestions regarding our Terms of Service/Conditions Agreement, please contact us at the address provided or use our Contact Us form.
All correspondence should be sent to:
Mailing Address: Falcon Restoration LLC Attn: Terms of Service/Conditions - 13690 Stringfellow Rd.,Bokeelia, FL 33922
Should you have any questions about storm restoration (roofing ,siding & gutters) please do not hesitate to contact us today!