Agreement between User and https://wheatelycreek.com

Welcome to https://wheatelycreek.com. The https://wheatelycreek.com website (the “Site”) is comprised of various web pages operated by Wheatley Creek Services (“Wheatley Creek”). https://wheatelycreek.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://wheatelycreek.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.

For a copy of the Terms and Conditions for jobs, on-site work, and Jobber agreement, please email our team at info@wheatleycreek.com.

https://wheatelycreek.com is a business, blog, portfolio, informational, and educational website.

The purpose of the Wheatley Creek Services website is to serve as a central online platform that fulfills several vital functions:

1. Information Hub: This hub provides essential information about Wheatley Creek Services, including the services offered, service areas, contact details, and more. It allows visitors to clearly understand the company’s offerings.
2. Customer Engagement: The website is a direct point of contact for current and potential clients. It offers ways to contact, request services, or seek information, fostering interaction and engagement.
3. Showcase of Expertise: Through its content, the website showcases the company’s expertise and professionalism in-home services, demonstrating its competence and dedication to delivering high-quality solutions.
4. Service Details: Visitors can explore in-depth details about the specific services offered, from home cleaning to maintenance, ensuring they comprehensively understand what to expect.
5. Client Resources: It may provide valuable resources and tips related to home care and maintenance, catering to the needs of homeowners and property managers.
6. Testimonials and Reviews: The website may feature client testimonials and reviews, offering social proof of the company’s performance and reliability.
7. Updates and News: It can inform clients about company news, updates, and promotions or special offers.
8. Accessibility: It ensures that the company is accessible to a wide audience, including those seeking reliable home services in the company’s service area.

In summary, the Wheatley Creek Services website is designed to inform, engage, and provide services to clients while showcasing the company’s competence, values, and commitment to delivering top-tier home services.

Privacy

Your use of https://wheatelycreek.com is subject to Wheatley Creek’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://wheatelycreek.com or sending emails to Wheatley Creek constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Wheatley Creek does not knowingly collect personal information from persons under the age of thirteen, either online or offline. If you are under 18, you may use https://wheatelycreek.com only with the permission of a parent or guardian.

Cancellation/Refund Policy

We can be called for touch-ups and small changes for the next three days following job completion; afterward, all work is final.

Links to Third Party Sites/Third Party Services

https://wheatelycreek.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wheatley Creek and Wheatley Creek is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wheatley Creek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wheatley Creek of the site or any association with its operators.

Certain services made available via https://wheatelycreek.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the https://wheatelycreek.com domain, you hereby acknowledge and consent that Wheatley Creek may share such information and data with any third party with whom Wheatley Creek has a contractual relationship to provide the requested product, service or functionality on behalf of https://wheatelycreek.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://wheatelycreek.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Wheatley Creek that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Wheatley Creek or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wheatley Creek content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wheatley Creek and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wheatley Creek or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Wheatley Creek has no obligation to monitor the Communication Services. However, Wheatley Creek reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Wheatley Creek reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Wheatley Creek reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in Wheatley Creek’s sole discretion.

Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. Wheatley Creek does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Wheatley Creek specifically disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wheatley Creek spokespersons whose views do not necessarily reflect those of Wheatley Creek.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://wheatelycreek.com or Posted on Any Wheatley Creek Web Page

Wheatley Creek does not claim ownership of the materials you provide to https://wheatelycreek.com (including feedback and suggestions) or post, upload, input, or submit to any Wheatley Creek Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Wheatley Creek, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. Wheatley Creek is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wheatley Creek’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You can connect your Wheatley Creek account to third-party accounts. By connecting your Wheatley Creek account to your third-party account, you acknowledge and agree that you consent to the continuous release of information about you to others (per your privacy settings on those third-party sites). Do not use this feature if you do not want information about you to be shared this way.

International Users

The Service is controlled, operated, and administered by Wheatley Creek from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for complying with all local laws. You agree that you will not use the Wheatley Creek Content accessed through https://wheatelycreek.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Wheatley Creek, its officers, directors, employees, agents, and third-parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wheatley Creek reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Wheatley Creek in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Wheatley Creek agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHEATLEY CREEK SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WHEATLEY CREEK SERVICES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHEATLEY CREEK SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHEATLEY CREEK SERVICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHEATLEY CREEK SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Wheatley Creek reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado. You hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wheatley Creek due to this agreement or use of the Site. Wheatley Creek’s performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of Wheatley Creek’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wheatley Creek with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wheatley Creek with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wheatley Creek with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Wheatley Creek reserves the right, in its sole discretion, to change the Terms under which https://wheatelycreek.com is offered. The most current version of the Terms will supersede all previous versions. Wheatley Creek encourages you to review the Terms periodically to stay informed of our updates.

Contact Us

Wheatley Creek Services welcomes your questions or comments regarding the Terms:

• Address: Wheatley Creek Services, PO Box 1388, Granby, Colorado 80446
• Email Address: info@wheatleycreek.com
• Telephone Number: (970) 531-1308
• For a copy of the Terms and Conditions for jobs, on-site work, and Jobber agreement, please email our team at info@wheatleycreek.com.

Effective as of January 01, 2022.

Updated August 28, 2024.