
Terms of Service
Agreement between user and SMJ LLC. Custodial Services
Welcome to SMJHomeServices.com, The SMJHomeServices.com (the “Site”) is comprised of various web pages operated by SMJ LLC. Custodial Services (“SMJ”). SMJHomeServices.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of SMJHomeServices.com and Services offered by SMJ Constitutes your agreement to all such Terms. Please read them carefully, and keep a copy of them for your reference.
SMJHomeServices.com is an E-Commerce website and SMJ LLC. Custodial Services is an in person custodial service for residential and commercial properties.
The purpose of SMJCustodialServices.com is to collect personal information with the intent of quoting and servicing new clients.
Privacy
Your use of SMJHomeServices.com is subject to SMJ Privacy policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic communications
Visiting SMJHomeServices.com or sending emails or calling SMJ constitutes electronic communications. You consent to receive electronic communications. You consent to recieve 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
SMJ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SMJHomeService.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Service
SMJHomeServices.com may contain links to other websites (“linked Sites”). The linked sites are not under the control of SMJ and SMJ is not responsible for the contents of any Linked Sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site. SMJ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SMJ of the site or any association with its operators.
Certain services made available via SMJHomeServices.com sre delivered by third party sites and organizations. By using any product, Service or functionality originating from the SMJHomeSeervices.com domain, you hereby acknowledge and consent that SMJ may share such information and data with any third party with whom SMJ has a contractual relationship to provide the requested product, service or functionality on behalf of SMJHomeService.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 SMJHomeServices.com and SMJ strickly in accordance with these terms of use. As a condition of your use of SMJHomeServices.com, you warrant the to SMJ 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 which 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 attemp to 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 property of SMJ or its suppliers and is 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 of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SMJ 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 make no other use of the content without express written permission of SMJ and the copyright owner. You agree that you do not aquire any ownership rights in any protected content. SMJ does not grant you any licneses, express or implied, to the intellectual property of SMJ or our licensors except as expressly authorized by these Terms
Use of Communication Services
The Site may contain bulletin 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, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) or 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 of 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 Commuinication 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 consent: violate any applicable laws or regulations.
SMJ has no obligation to monitor the Communication Services. However, SMJ reserves the right to review materials posted to a Communication Service and to Remove any materials in its sole discretion. SMJ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SMJ reserves the right at all times to disclose any information as necessary to satisfy any applicable lawe, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SMJ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or you children in any Communication Service. SMJ does not control or endorse the content, messages, or information found in any Communication Service and, therefore, SMJ specifically disclaims any liability with regard to the Communication Service and any actions resulting from the participation in any Communication Service. Managers and hosts are not authorized SMJ spokespersons, and their views are not necessarily reflect those of SMJ.
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 SMJHomeService.com or Posted on Any SMJ Web Page
SMJ does not claim ownership of the materials you provide to SMJHomeService.com (including feedback and suggestions) or post, upload, input or
submit to any SMJ Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting SMJ , 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. SMJ is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in SMJ '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.
International Users
The Service is controlled, operated and administered by SMJ from our offices within the USA. If you access the Service from a location outside the
USA, you are responsible for compliance with all local laws. You agree that you will not use the SMJ Content accessed through
SMJHomeService,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 SMJ , 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 of
regulations. SMJ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, in which event you will fully cooperate with SMJ in asserting any available defenses.
Cancellation and Reschedule Policy
Notice Requirements for Cancellations and Reschedules:
Customers wishing to cancel or reschedule a scheduled service with SMJ LLC must provide a minimum of 48 hours' notice prior to the scheduled service date. Notice provided within this period, including weekends, shall be considered valid. Late Cancellations or Reschedules: In the event that a customer cancels or requests to reschedule the service with less than 48 hours' notice prior to the scheduled service date, the customer shall not be eligible for a refund of any service charges nor eligible for any credits towards future services. Reschedule Requests: If a customer requests a reschedule within the required 48-hour notice period, but SMJ LLC. is unable to accommodate the request due to scheduling constraints, SMJ LLC. may, at its sole discretion, offer the customer a credit towards future services. Cancellation of Service: If the customer intends to cancel the service altogether, a request for cancellation must be made at least seven (7) days prior to the scheduled service date in order to qualify for a refund of the service cost. Performance of Service on Scheduled Date: In all circumstances outlined above, if SMJ LLC. performs the service as scheduled and no cancellation or reschedule request is made, the customer shall bear no penalty or loss of service, credits, or funds paid.
Refund Policy
Refund requests are subject to our Satisfaction Guarantee. All refunds must have an attempt to remedy or "Re-Clean" any contrivances before a refund can be issued. In the case of inability to "Re-Clean" or if a "Re-Clean cannot be offered, a refund may be offered at the discretion of SMJ. A refund or "Re-Clean" cannot be issued for any service that has elapsed 15 days or more since the date of service. In the case of a refund, SMJ will no longer accept any claims for refund or "Re-Clean" or claims of damages regarding any worksite or work location. After a partial or full refund is issued, SMJ no longer accepts any responsibility to or from the worksite listed in any listed applicable invoice.
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 in regards to 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 entire dispute, including the scope and enforceability of this arbitration provision shall
be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; 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 both you and
SMJ 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.
SMJ LLC. CUSTODIAL SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME
SMJ LLC. CUSTODIAL 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. SMJ LLC. CUSTODIAL SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO 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 SMJ LLC. CUSTODIAL 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
SMJ LLC. CUSTODIAL 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
SMJ 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 Wyoming and you hereby consent to the
exclusive jurisdiction and venue of courts in Wyoming 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 SMJ as a result of this agreement or use of the Site. SMJ 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SMJ '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 SMJ 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 SMJ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SMJ 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
SMJ reserves the right, in its sole discretion, to change the Terms under which SMJHomeService,com is offered. The most current version of the Terms will supersede all previous versions. SMJ encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
SMJ welcomes your questions or comments regarding the Terms:
SMJ LLC. Custodial Services
300 East Prosser Road
Cheyenne, Wyoming 82007
Email Address:
Telephone number:
3072211968
Effective as of October 02, 2024
