Terms of Service

In General

Klean Gutters Midwest, Inc owns and operates this Website. This document governs your relationship with www.kleangutters.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other Websites (the “Linked Sites”), which are not operated by www.kleangutters.com. www.KleanGutters.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. YOU AGREE THAT BY USING THE WEBSITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. This Agreement may be modified at any time by Klean Gutters Midwest, Inc upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://kleangutters.com/terms-of-service/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at https://kleangutters.com/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.KleanGutters.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.

Ownership

All content included on this Website is and shall continue to be the property of Klean Gutters Midwest, Inc or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of www.KleanGutters.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.KleanGutters.com and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise. Klean Gutter™ and MasterShield™ are trademarks of Midwest Gutter Protection, Inc. Other product and company names mentioned on this Website may be trademarks of their respective owners.

Website Use

Klean Gutters Midwest, Inc grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this Website is at the discretion of Klean Gutters Midwest, Inc and Klean Gutters Midwest, Inc may terminate your use of this Website at any time. Limited Permission to Download. Klean Gutters Midwest, Inc hereby grants you permission to download, view, copy, and print the materials found on www.KleanGutters.com on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice appearing below appears in such materials, (ii) the materials are not used on any other Website nor in a networked computer environment and (iii) the materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed materials. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations, and statutes as well as other rights, laws, rules, regulations, and statutes.

Terms of Sale

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. All purchases through our site or other transactions for the sale of goods or services formed through the Website (“Goods”) are governed by our terms of sale listed below (“Terms of Sale”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms of Sale.

General Terms

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. To contract with www.KleanGutters.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.KleanGutters.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.KleanGutters.com or may in some cases a third party. Where a contract is made with a third party www.KleanGutters.com is not acting as either agent or principal and the contract is made between you and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Limited Liability and Shipment

Klean Gutters Midwest, Inc shall not be liable for any delays, loss, or damage in transit. Unless otherwise agreed in writing by the parties, Klean Gutters Midwest, Inc shall use its standard methods for packaging and shipping such Goods and shipment shall be in accordance with Klean Gutter Midwest, Inc’s then-current shipment methods. Klean Gutters Midwest, Inc may, in its sole discretion, without liability or penalty, make partial shipments of Goods. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order. These Terms of Sale may only be amended or modified in writing, which specifically states that it amends these Terms of Sale and is signed by an authorized representative of each party. LIMITED WARRANTY: Klean Gutters Midwest, Inc warrants to you that for a period of one year from the date of shipment of the Goods (“Warranty Period”), such Goods will materially conform to Klean Gutters Midwest, Inc’s published specifications in effect as of the date of shipment and will be free from material defects in material and workmanship. EXCEPT FOR THE WARRANTY SET FORTH IN THIS PARAGRAPH, KLEAN GUTTERS MIDWEST, INC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Goods. Third-Party Products are not covered by the warranty set forth in this paragraph. For the avoidance of doubt, KLEAN GUTTERS MIDWEST, INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Klean Gutters Midwest, Inc shall not be liable for a breach of the warranty set forth in this paragraph if: (i) you make any further use of such Goods after giving such notice; (ii) the defect arises because you failed to follow Klean Gutter Midwest, Inc’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) you alter or repair such Goods. With respect to any such Goods during the Warranty Period, Klean Gutters Midwest, Inc shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Klean Gutters Midwest, Inc so requests, you shall, at Klean Gutters Midwest, Inc’s expense, return such Goods to Klean Gutters Midwest, Inc. THE REMEDIES SET FORTH IN THIS PARAGRAPH BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND KLEAN GUTTERS MIDWEST, INC’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. IN NO EVENT SHALL KLEAN GUTTERS MIDWEST, INC BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SALE, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL KLEAN GUTTERS MIDWEST, INC AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY GOOD, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO KLEAN GUTTERS MIDWEST, INC HOME FOR SUCH GOODS.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.kleangutters.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.kleangutters.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. KLEAN GUTTERS MIDWEST, INC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL KLEAN GUTTERS MIDWEST, INC OR ITS SPONSORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Linking to This Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.

Compliance with Export Restrictions

You may not access download, use, or export the Website or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Use of Information

KLEAN GUTTERS MIDWEST, INC reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Disclaimer as to Ownership of Trademarks, Images of Personalities, And Third-Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with www.kleangutters.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.KleanGutters.com.

Children

Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.

Applicable Law and Venue

By using this Website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Michigan, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Website or Materials shall be instituted in a state or federal court in the State of Michigan. You and www.KleanGutters.com agree exclusively and irrevocably to submit to the jurisdiction of and agree that the venue is proper in these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnity

You agree to indemnify, defend, and hold harmless www.kleangutters.com, its directors, officers, employees, consultants, agents, and affiliates, from all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

www.KleanGutters.com shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

The failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Klean Gutters Midwest, Inc must be in writing and signed by an authorized representative of Klean Gutters Midwest, Inc.

Termination

Klean Gutters Midwest, Inc may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties

Nothing contained in this Agreement, or your use of the Website shall be construed to constitute either party as a partner, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it is intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

This Terms of Use constitutes the entire agreement between you and www.KleanGutters.com governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and www.KleanGutters.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. www.KleanGutters.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use. www.KleanGutters.com. All Website design, text, graphics, the selection and arrangement thereof, are owned by Klean Gutters Midwest Inc, ALL RIGHTS RESERVED.

Communications

Any communications or other information sent to Klean Gutters Midwest, Inc via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Klean Gutters Midwest, Inc for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Klean Gutters Midwest, Inc.

SMS Terms & Conditions

Klean Gutters Midwest, Inc offers complimentary SMS text messaging services to help you schedule estimates and stay informed with important account or product related topics that need your attention. You might receive account, updates or product information. Klean Gutters Midwest, Inc offers this service at no extra charge. Message frequency may vary. Standard message and data rates may apply. Your consent to receive these marketing text messages is not required as a condition of purchasing any goods or services from Klean Gutters Midwest, Inc. Texts may be sent using an automatic telephone dialing system.

To enroll in Klean Gutters Midwest, Inc text program, please text JOIN to 616-612-1279. If you would like to opt out of this service text STOP to 616-612-1279. If you have any questions about SMS text services, text HELP to 616-612-1279.

Participating Carriers: The service is available on AT&T, Sprint, T-Mobile, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – South Central Comm, Rina – Syringa, Rina – UBET, Rina – Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

If you have questions about SMS text services or need help, call
(855) 974-4669 or email: info@KleanGutters.com. To opt out of this service, please text STOP to 616-612-1279.

If You Do Not Agree

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Last Updated January 1, 2019

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Phone: (855) 974-4669

Visit us or mail us:
Klean Gutters Midwest INC
P.O. Box 503
Howard City, MI 49329

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