Terms of Use

Welcome to the The Llama website (the "Website" or "Site" ). The following Terms and Conditions govern your use of our Website. Your use of our Website constitutes your agreement to be bound by these Terms and Conditions. If you do not agree with all these Terms and Conditions do not use our Website. This Site offers no legal, business, or tax advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and nothing we do and no element of the Site or the Site’s call connect functionality ("Call Service") should be construed as such. Some of the service providers (collectively, "Third Party Providers") are accessible via the Call Service by virtue of their payment of a fee to promote their respective services to users of the Call Service and should be considered as advertising. This Site does not endorse or recommend any participating Third Party Providers. Your use of the Site or Call Service is not intended to create, and any information submitted to the Site and/or any electronic or other communication sent to the Site will not create a contract between you and these Site or any of the Third Party Providers.

The Llama reserves the right to update and revise these Terms and Conditions at any time and without prior notice to you. Your continued use of our website will mean that you accept and agreed to be bound by such updates and revisions. We periodically make changes to these Terms. Please to return to this page to review the most current version of the agreement. The most current version of the agreement can be reviewed by clicking on the "terms of use" link located at the bottom of each page on the site.

User Eligibility

It is our policy that visitors to the Site who are under the age of 13 should not post or provide information on the Site without the consent of their parents. The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 18. This website is for users who are at least 18 years old and can form legally binding contracts under applicable law. By using this website you confirm that you are at least 18 years old.

Proprietary Rights and Restricted Use

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use and not for resale or further distribution. Your right to use the Site is limited by the terms set forth in these Terms. By using this site you agree not to exploit any such proprietary materials for commercial or other purposes except as expressly authorized by these Terms of Use. All images, logos, text pages and all other information and content therein ("Content") are protected by copyright.

You agree that you will not use the website in any manner that is contrary to applicable laws and regulations. You further agree not to use data provided by or through the website for any competing use or purposes.

Links to Third-Party Sites

This website may contain links to websites controlled and/or operated by third parties. We are not responsible for the accuracy of information provided by the third-party sites, and any link to such websites herein does not constitute a guaranty, recommendation or endorsement by us of the products or services offered through such website(s). The use of such websites and the privacy provisions related thereto, are governed by the terms of use of such websites.

Applications and Registration

This website is a free service that helps our customers connect with third party service providers. This Website is provided solely for potential customers to interact with The Llama and may not be used for any other purpose or used or reproduced by any other person or entity. The Website or services may provide links to other websites and online resources. You acknowledge buy using this Website and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, "we") are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Some websites may provide links to our Website with or without authorization. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.

Privacy Policy

We may collect, sell, rent or otherwise dispose of registration and other information about you through the Site. Our collection and use of this information is governed by our privacy policy, Please review our current Privacy Policy, available here, which is incorporated to these Terms of Use as if set forth in their entirety.

Information Sharing

You agree that by providing information through the website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use any information or content that you provide in connection with your use of the website and our services, subject to the privacy provisions described in our Privacy Policy. You are solely responsible for the content and information you make available through or in connection with our services.

The Llama reserves the right, in its sole discretion, but is not obligated, to delete, move, or refuse to accept, any user provided content that violates the letter or the spirit of this Agreement, or for any other reason.

Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. By entering an email or phone number, you authorize The Llama to contact you using automated technology and/or pre-recorded messages or text messages at the number or email provided, even if you are registered on a national or state "Do Not Call" list or previously requested that we not contact you.

Submissions

Users of the Site may have the opportunity to post information to the Site, including reviews, comments, and other information and materials. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of us or our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives. We do not control the content posted by third parties via the Site and do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we, our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that we are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send or provide to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and our products and services.

Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires or other means for providing Submissions to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.

BY POSTING OR PROVIDING ANY SUBMISSION OR OTHER INFORMATION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION OR INFORMATION BY US WILL NOT INFRINGE ON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

Warranty & Limitation of Liability

The website and any products and services provided by us are provided "as is" and without any representation or warranty, whether express, implied or statutory. You agree to provide accurate and current information as prompted by the The Llama form and estimating tool widget. You acknowledge that The Llama does not pre-screen user provided content for accuracy or completeness, and does not endorse any user provided content, either in whole or in part.

THIS SITE AND ALL INFORMATION AND SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". NEITHER THE OWNERS OF THE SITE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT.

The foregoing limitation does not apply in any jurisdiction where such exclusion or limitation is not permitted.

Choice of Governing Law

These Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflicts of laws principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms and the Privacy Policy or your use of the Site will lie in the State and Federal courts located in the State of Delaware, and you irrevocably agree to submit to the jurisdiction of such courts.. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event that a court of competent jurisdiction finds any provision of these Terms or the Privacy Policy to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Term of Use and the documents incorporated by specific reference here, constitute the entire agreement between you and use with respect to your rights and obligations related to the use of this website.

Arbitration Agreement

Any dispute or claim relating in any way to your use of this website, including any related calls texts or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  This includes claims against our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement.  The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would. The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Contacting Us and Questions?

We are here to help. If you have any questions or concerns please email us at [email protected]

Last Update Feb 17, 2021