Terms and Conditions
Website Terms and Conditions of Use
Terms and Conditions of Use
Last updated: August 23, 2017
MoldBadger values its relationship with you. Your satisfaction is our goal.
To Put it Simply…
We are not a mold testing or mold remediation company company. We simply provide a venue for connecting you with mold testing labs and mold remediation providers
We do not remediate, test, or inspect for mold. Nor do we endorse or recommend any companies or services that we connect you with. We do not guarantee that any of the companies to whom we may forward your information will contact you or agree to provide you with services.
Do your own due diligence. We do not do that for you.
We are not responsible in any way, for the conduct of the companies and/or the employees or contractors of the aforementioned people and entities to whom we forward your mold remediation, mold inspection, or mold testing quotation requests (“Service Providers”). Your dealings with any such third parties will be done entirely at your own risk, and shall be governed by your agreements with the third parties. We do not provide advice on mold remediation, mold remediation, or mold inspections. If you need personal advice, explanation of testing, or health assessments, you should consult with a licensed mold testing or remediation company, doctor, or other qualified professional.
1. This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability. You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. You acknowledge that the consideration includes, but is not limited to, your ability to visit and/or submit information to this Website.
2. Your Responsibilities and Representations
A. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity to this Agreement.
B. You must provide accurate information. If you provide information to Badger Investments LLC via this Website, then the information provided must be true, current, and not contain a misrepresentation of your identity.
C. You are responsible for your financial decisions. Badger Investments LLC provides a venue through this Website by which you can obtain information and find third-party service providers, such as insurance agents, insurance brokers, and insurance companies.Badger Investments LLC does not endorse or recommend the products or services of any Service Providers and is not an agent or advisor to you or any Service Provider.We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may provide to you and that Badger Investments LLC shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. Badger Investments LLC urges you to obtain the advice of licenses mold remediation companies, licensed mold testing companies, medical doctors or other qualified professionals who are fully aware of your individual circumstances before you make any mold-related decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
D. You Acknowledge and Agree that Badger Investments LLC is Not a Service Provider. Badger Investments LLC is not a financial institution, insurance provider or other Service Provider. Instead, Badger Investments LLC, through the Website, may help to connect you with Service Providers that might meet your needs based on information provided by you. Badger Investments LLC does not, and will not, make any mold testing, inspection, or remediation decision with any Service Provider referred to you. Badger Investments LLC does not remediate, inspect, or test for mold or mold related illnesses
E. No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Badger Investments LLC does not make any warranties or representations regarding the quotes or services offered or made available by Service Providers. Badger Investments LLC does not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
F. You Do Not Pay Fees to Badger Investments LLC. Unless you are a Service Provider or order a specific service through the Website, MoldBadger does not charge you a fee to use the Website. Service Providers may pay MoldBadger fees for services and to be matched with users of the Website, however. MoldBadger is not involved with and is not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release Badger Investments LLC of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
3. Request for Quotes The Website may give you the opportunity to request to be matched with and receive quotes or offers from Service Providers (a “Match Request”). Portions of the Website providing this opportunity (the “Match Request Areas”) are only available to residents of the United States, and may not be available in all states.
A. MoldBadger make no guarantee that you will be matched with a Service Provider if you submit a Match Request.
C. If you make a Match Request, then you expressly authorize Service Providers to contact you by telephone and/or email at the numbers and addresses provided in your Match Request, for purposes of providing you with the quotes, products and services indicated in your Match Request. You also authorize Service Providers to contact you at the phone number(s) publicly available on the FMCSA website. You consent to receive telephone calls from Service Providers, even if the phone number that you provided on your Match Request is on any “Do Not Call” list. You also consent to MoldBadger emailing you occasionally about your quote request.
D. You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by a Service Provider.
4. Third Party Links
There may be provided on the Website links to other internet sites belonging to MoldBadger’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by MoldBadger of those internet sites, nor the products or services listed on those internet sites. MoldBadger is not responsible for the activities or policies of those internet sites. MoldBadger does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. MoldBadger does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Website are the best terms or lowest rates available in the market.
5. Website Content MoldBadger Makes No Representations or Warranties Regarding the Content
A. The content and all services and products associated with this Website are provided to you on an “as-is” and “as available” basis. MoldBadger makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products or services included on or associated with the Website. You expressly agree that your use of the Website and all products and services included on or associated with the Website is at your sole risk.
B. MoldBadger does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services and products associated with the Website, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with the Website. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Website.
C. MoldBadger makes no representation, warranty or guarantee that the content that may be available for downloading from the Website is free of infection from any viruses, worms, Trojan horses, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. MoldBadger does not make any representations, warranties or guarantees, express or implied, regarding any quotes OR OFFERS provided on or through the Website.
D. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT MoldBadger IS NOT A MOLD REMEDIATION CONTRACTOR, MOLD TESTING PROVIDER, OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT MoldBadger IS SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, MOLDBADGER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
E. The content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, MoldBadger recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
6. Limitations on MoldBadger’s Liability
MoldBadger shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Website; (iii) your DELAY IN ACCESSING OR inability to access or use the Website for any reason; (iv) your downloading of any of the content or the collective work for your use; (v) your reliance upon or use of the content or the collective work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH the Website, OR OTHERWISE ARISING OUT OF THE USE OF the Website, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MoldBadger AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MoldBadger LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT MoldBadger SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
7. Your Indemnification of MoldBadger
You shall defend, indemnify and hold harmless MoldBadger and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by MoldBadger; (iii) your access or use of the Website; (iv) access or use of the Website under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
8. Amendments of this Agreement
MoldBadger reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon MoldBadger posting the updated Agreement on the Website. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Website following the posting of any such changes shall automatically be deemed your acceptance of all changes.
9. Legal Remedies
You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Charleston, South Carolina, or the United States District Court, District of South Carolina. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Website shall be deemed solely based in the State of South Carolina; and (ii) the Website shall be deemed a passive internet site that does not give rise to personal jurisdiction over MoldBadger, its affiliates and assigns, either specific or general, in jurisdictions other than the State of South Carolina.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of South Carolina, without regard for principles of conflicts of laws.
Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Charleston County, South Carolina.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using the Website you consent to these restrictions.
You and MoldBadger shall select the arbitrator, and if you and MoldBadger are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and MoldBadger and your and MoldBadgers’ respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or MoldBadger be entitled to punitive, special, indirect or consequential damages and both you and MoldBadger hereby waive your and MoldBadgers’ respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MoldBadger, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Charleston County, South Carolina.
11. Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the NPR Services, please provide the following information in writing to our Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
a description of the copyrighted work that you claim has been infringed.
a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
information so that we can contact you, such as address, telephone number and e-mail address.
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to our services, that were subsequently removed from the our services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
your physical or electronic signature.
a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
MoldBadger Copyright Agent can be reached as follows:
164 Market St, #318 Charleston, SC 29401
Charleston, SC 29401
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding our Services, please contact us at firstname.lastname@example.org.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by MoldBadger from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Website, please contact MoldBadger via any of the methods set forth below:
Via mail: MoldBadger, 164 Market St #318, Charleston, SC 29401
Via email: email@example.com