Terms of Service (TOS)

Here is the standard stuff that everyone seems to have been forced to state up front. I would prefer to service your account with my word and a hand shake. Other than the Professional nature of this service, I think you will find our method of responding to your desires very much like that. I think I established that fact pretty well during my many years that I have been in the Real Estate Market.

1. ACCEPTANCE OF TERMS. Welcome to Custom Real Estate Wood Posts (CREWP). CREWP provides real estate post sales, fabrication, installation, removal and storage service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. By use of our service, the customer acknowledges acceptance of the TOS.

2. DESCRIPTION OF SERVICE. CREWP currently provides customers with eight by four real estate sign posts, complete with installation, removal and storage. Unless explicitly stated otherwise, any new features that augment or enhance this, shall be subject to this TOS. Now, this next part seems really obvious, but everyone else has it in their TOS so someone's probably gotten sued for not having it. So: In order to use CREWP, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. (There, now we put it in our TOS too!)

3. PRIVACY POLICY. It is CREWP policy to respect the privacy of customers. Therefore, CREWP will not disclose to any third party a customer's name or contact information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on CREWP; (2) protect and defend the rights or property of CREWP; or (3) act under exigent circumstances to protect the personal safety of CREWP customers or the public; (4) fix or debug problems with the CREWP website (under construction).

4. MEMBER CONDUCT. You agree that:
a. all information, data, text, etc. provided to CREWP is accurate to the best of your knowledge.
b. the sign location request information provided by you ensures that damage will not occur to underground systems such as invisible dog fencing, irrigation systems, utilities, sensitive plant roots, etc. If damage occurs when following your directions, CREWP will not be held responsible.
c. you will not intentionally or unintentionally violate any applicable local, state, or national law.

5. INDEMNITY. You agree to indemnify and hold CREWP, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of CREWP, your violation of the TOS, or your violation of any rights of another.

6. MODIFICATIONS TO SERVICE. CREWP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its service (or any part thereof) with or without notice. You agree that CREWP shall not be liable to you or to any third party for any modification, suspension or discontinuance of CREWP service. (Now we all understand that CREWP closing its doors without notice would certainly be a very remote possibility, but we have to put this clause in here. Those of you that personally know the principal of CREWP know that this clause WILL NOT be abused.)

7. TERMINATION. You agree that CREWP, in its sole discretion, may terminate your account, for any reason, including, without limitation, if CREWP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your account under any provision of this TOS may be effected without prior notice. Further, you agree that CREWP shall not be liable to you or any third-party for any termination of your account.

8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF CREWP IS AT YOUR SOLE RISK. CREWP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH EXCEPTION OF OUR 90-DAY WARANTEE.

9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREWP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED DAMAGE CAUSED BY INSTALLATION PER YOUR DIRECTIONS.

10. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

11. CREWP takes full responsibility for any lost or damaged signs owned by Broker while in our storage. However, we will not be responsible for any loss of the agents signs or riders after installation.

12. Client/Broker/Agent assumes full responsibility for any post rented from CREWP that is lost, stolen or damaged beyond repair. This also applies to rented flyer boxes.

13. CREWP will repair any damage to pipes and sprinklers as a result of our installation. CREWP will NOT be responsible to pay for any damage if not given notice or opportunity to inspect any claimed damage.

14. All invoices are due upon receipt. All accounts past due 10 days are subject to 10% late fees and posts will be scheduled for removal.

15. If you would like a computerized listing of all your active posts, please let us know and we will get one out to you right away.

16. Because we want to provide prompt service, we do not call a company out first to check where underground utilities are. The Clients/Broker/Agent agrees that they are responsible for damage to underground utilities.