Foothill Sign Post Terms and Conditions
BASIC PRICING TERMS
Prices indicated below are within our standard service area. Additional mileage and drive time charges will be applied for out of area services. Please check our exact pricing by entering the address here: Price Check Page.
STANDARD SERVICES
FEES & PENALTIES
Terms
1. Your relationship with Foothill Signpost
Use of Foothill Signpost’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Foothill Signpost. This document explains the agreement, and the terms of that agreement. Unless otherwise agreed in writing with Foothill Signpost, your agreement with Foothill Signpost will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as “Universal Terms”. Your agreement with Foothill Signpost will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Foothill Signpost in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. Additional Terms shall take precedence in relation to that Service, if they contradict the Universal Terms.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Foothill Signpost in the user interface for any Service, or by actually using the Services. In this case, you understand and agree that Foothill Signpost will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Foothill Signpost, or (b) you are a person barred from receiving the Services under the laws of the United States or Foothill Signpost has barred you from use of the Services.3. Services by Foothill Signpost, Partners/Affiliates and VendorsYou acknowledge and agree that the form of the Services which Foothill Signpost provides may change from time to time without prior notice to you. Foothill Signpost may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Foothill Signpost’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Foothill Signpost when you stop using the Services. If Foothill Signpost disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. If your account is disabled, upon request your account history and summary will be electronically mailed to you. Foothill Signpost may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Foothill Signpost at any time, at Foothill Signpost’s discretion.All products are sent via U.S. Postal Service via ground transport and may be subject to extended delivery times beyond the control of Foothill Signpost or any of it’s vendors or partners/affiliates. Foothill Signpost, it’s partners/affiliates and vendors are not and will not be held liable for any damage, delay or complications resulting from the action of the United States Postal Service. Delivery times for products posted on this site are merely estimates and should not be relied upon as binding agreements.
3. Use of the Services by you
In order to access certain Services, you are required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Foothill Signpost will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Foothill Signpost, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Foothill Signpost has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Foothill Signpost may suffer) of any such breach.
4. Your Accounts, Passwords and Account Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Foothill Signpost of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Foothill Signpost cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Privacy and your personal information
For information about Foothill Signpost’s data protection practices, please refer to Foothill Signpost’s privacy policy. You also agree to the use of your data in accordance with Foothill Signpost’s privacy policies.
6. Content in the Services
You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Foothill Signpost (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Foothill Signpost or by the owners of that Content, in a separate agreement. Foothill Signpost reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Foothill Signpost may provide tools to filter out explicit sexual content You agree that you are solely responsible for (and that Foothill Signpost, partners/affiliates and vendors has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Foothill Signpost may suffer) by doing so.
7. Proprietary rights
You acknowledge and agree that Foothill Signpost (or Foothill Signpost’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Foothill Signpost and that you shall not disclose such information without Foothill Signpost’s prior written consent. Unless you have agreed otherwise in writing with Foothill Signpost, nothing in the Terms gives you a right to use any of Foothill Signpost’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Foothill Signpost, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. Ending your relationship with Foothill Signpost
The Terms will continue to apply until terminated by either you or Foothill Signpost. If you want to terminate your legal agreement with Foothill Signpost, you may do so by (a) notifying Foothill Signpost at any time and (b) closing your accounts for all of the Services which you use, where Foothill Signpost has made this option available to you. Your notice should be sent, in writing, to Foothill Signpost’s address which is set out at the beginning of these Terms. Foothill Signpost may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Foothill Signpost is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Foothill Signpost offered the Services to you has terminated its relationship with Foothill Signpost or ceased to offer the Services to you; or (E) the provision of the Services to you by Foothill Signpost is, in Foothill Signpost’s opinion, no longer commercially viable. Nothing in this Section shall affect Foothill Signpost’s rights regarding provision of Services under the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Foothill Signpost have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
9. INDEMNITY
You agree to indemnify and hold Foothill Signpost and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, failure of any or all parts of any of the services provided, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to indemnify and hold harmless Foothill Signpost, partners/affiliates and vendors, each and every Manager, each and every other Member, and any officers, directors, shareholders, managers, members, employees, partners, agents, attorneys, registered representatives, and control persons of any such entity who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of or arising from any misrepresentation or misstatement of facts or omission to represent or state facts made by him or her including, without limitation, the information in this Agreement, against losses, liabilities, and expenses of the Company, each and every Manager, each and every other Member, and any officers, directors, shareholders, managers, members, employees, partners, attorneys, accountants, agents, registered representatives, and control persons of any such Person (including attorneys’ fees, judgments, fines, and amounts paid in settlement, payable as incurred) incurred by such Person in connection with such action, suit, proceeding, or the like.
10. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FOOTHILL Signpost’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, FOOTHILL Signpost, ITS SUBSIDIARIES AND PARTNERS/AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOOTHILL Signpost OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. FOOTHILL Signpost FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOTHILL Signpost, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH FOOTHILL Signpost MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE FOOTHILL Signpost WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON FOOTHILL Signpost’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT FOOTHILL Signpost HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Advertisements
Foothill Signpost, does not using advertising on its website.
13. Other content
The Services may include hyperlinks to other web sites or content or resources. Foothill Signpost may have no control over any web sites or resources which are provided by companies or persons other than Foothill Signpost. You acknowledge and agree that Foothill Signpost is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Foothill Signpost is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Changes to the Terms
Foothill Signpost may make changes to the terms from time to time. When these changes are made, Foothill Signpost will make a new copy of the term available to you during the checkout process. You understand and agree that if you use the Services after the date on which the terms have changed, Foothill Signpost will treat your use as acceptance of the updated terms.
15. Signpost Responsibility
You are renting this sign post for Foothill Signpost. You are responsible for the security of this post. If the post is lost, stolen or destroyed you will be charge the replacement fee listed above in our basic pricing.
16. Removal
Removal requests must be made from your online account, email, or text message. Failure to request signs to be removed from your online account does not relieve you of your responsibility to return our post to us, you will continue to be charge a rental fee until a request for removal has been made.
17. Property Damage
Foothill Signpost will not be responsible for damages that occur during the installation, removal, and repair such as sprinkler lines, gas lines, electrical wires etc. Every effort is made to avoid installing near the edges for this reason.
18. General legal terms
The Terms constitute the whole legal agreement between you and Foothill Signpost and govern your use of the Services (but excluding any services which Foothill Signpost may provide to you under a separate written agreement), and completely replace any prior agreements between you and Foothill Signpost in relation to the Services. You agree that Foothill Signpost may provide you with notices, including those regarding changes to the Terms, account management, billing, inventory issues and promotional and cross promotional items, by email, regular mail, or postings on the Services. You agree that if Foothill Signpost does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Foothill Signpost has the benefit of under any applicable law), this will not be taken to be a formal waiver of Foothill Signpost’s rights and that those rights or remedies will still be available to Foothill Signpost. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Foothill Signpost is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with Foothill Signpost under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Foothill Signpost agree to submit to the exclusive jurisdiction of the courts located within the county of Placer, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Foothill Signpost shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
19. Refunds
A full refund will be offered prior to service being performed. No refunds are given after service is performed.