In consideration of samedaypros.com, (“samedaypros.com,” “we,” “us” or “our”) providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, www.samedaypros.com (the “Site”), our pages and/or accounts on social media websites and our mobile applications (the “samedaypros.com”), and the information, documents, reports, data, features, functionalities and software that may be offered to you through the Site, the samedaypros.com Apps and the other materials on the Site, the samedaypros.com Apps (collectively, and as such may be revised from time to time by us, the “Content”), and, if applicable, you becoming and being a Partner, you hereby agree to the following terms and conditions (together with the Partner Program Terms and Conditions, if agreed by you, collectively, these “Terms of Use”).Samedaypros.com may modify these Terms of Use from time to time upon written notice or posting to the Site. It is your responsibility to review these Terms of Use periodically. You agree that if you use the samedaypros.com site, the samedaypros.com Apps, the Social Media and/or the Content after such notice or posting of changes in the Terms of Use, you will be bound by all such changes and these Terms of Use.
GENERAL
The Site is owned and operated by Same Day Pros, Inc. Our Professional Service Providers network available on the Site and the samedaypros.com Apps is solely a facilitator of communications between the Professional Service Provider members and users. Unless expressly stated otherwise on the samedaypros.com site or the samedaypros.com Apps, the services featured on the Site and the samedaypros.com Apps are offered, provided, delivered by the Professional Service Provider members, not us. We are in no way responsible for the quality of services offered by the Professional Service Provider members. All questions regarding Professional Service Provider services featured on the Site and the samedaypros.com Apps should be directed to the appropriate Professional Service Provider members.
Notwithstanding anything to the contrary, becoming a partner (or Partner, as the Site, the samedaypros.com Apps, these Terms of Use and/or the Partner Terms and Conditions may state) does not entitle you to any benefits or rights, unless expressly agreed by us in writing signed by our authorized officer.
PRICES/AVAILABILITIES
The information contained on the Site and the samedaypros.com Apps regarding price, specifications and availability of the services listed on the Site and the samedaypros.com Apps has been provided by Professional Service Provider members.
While samedaypros.com has undertaken to confirm the accuracy of the information contained on the Site and the samedaypros.com Apps, mistakes can be made, including due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Of course, if you become aware that the Site or any of the samedaypros.com Apps contains inaccurate information, please let us know by contacting us.
$100 in free leads are for leads through the Same Day Pros lead generation system and has no Monetary Value and can not be refunded.
The Samedaypros.com website connects users with one more Professional Service Provides. (Up to 3).
The Professional Service Provider will respond as soon as they receive a Call out Request from a user. They will respond by providing quotes. The quotes are not prepared by Samedaypros.com.
Users do not pay for the service.
Professional Service Providers who wish to reply to quote requests pay per referral.
Professional Service Providers have 5 days to request a credit for a bad lead.
Credits are non-refundable.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
The Site, the samedaypros.com Apps, any and all content submitted by us on the samedaypros.com or Social Media, and the Content are our property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Site, the samedaypros.com Apps, any and all content submitted by us on samedaypros.com or Social Media, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. Use of the Site, samedaypros.com the samedaypros.com Apps, Social Media or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is prohibited. You agree not to use the Site, samedaypros.com, the samedaypros.com Apps, or Social Media or the Content for any unlawful purposes and comply with any and all requests from us to protect our respective rights in the Site, the samedaypros.com Apps, any and all content submitted by us on the samedaypros.com or the Social Media, and the Content. You may use the Site, the samedaypros.com Apps, any and all content submitted by us on the samedaypros.com or Social Media, and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site, samedaypros.com, the samedaypros.com Apps and/or the Content, including for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site, samedaypros.com and/or the samedaypros.com Apps. If you have any questions about any materials posted on the Site, samedaypros.com or the samedaypros.com Apps, we urge you contact us at samedaypros.com.
SAMEDAYPROS.COM CONTENT, SERVICES; USER SUBMITTED CONTENT:
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, samedaypros.com Apps or Social Media by anyone other than authorized samedaypros.com employee spokespersons while acting in their official capacities.
By submitting any information or content to or by otherwise using the Site, samedaypros.com, the samedaypros.com Apps and/or Social Media, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sub-licensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Furthermore, we do not review and assume no responsibility for any services mentioned on the Site, samedaypros.com, the samedaypros.com Apps or Social Media, whether provided by somedaypros.com, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the services mentioned on the Site, samedaypros.com and the samedaypros.com Apps or Social Media, including their quality.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
In the event you use the Site, the samedaypros.com Apps, any and all content submitted by us on the samedaypros.com or Social Media or the links included on the Site, the samedaypros.com Apps or any and all content submitted by us on the samedaypros.com or the Social Media to gain access to any World Wide Web site or any Internet location or a source of information, including social media websites, of any company, organization or person other than samedaypros.com, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such site, location or source, for your use of such information, content or links found at any such site, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly (e.g., while using the Site, the samedaypros.com, the samedaypros.com Apps or the samedaypros.com Social Media Pages). We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-samedaypros.com site, location or source does not signify our endorsement of the site or its contents. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
NO OBLIGATION TO KEEP INFORMATION CURRENT
Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site, samedaypros.com and/or the samedaypros.com Apps. All materials on the Site, samedaypros.com and the samedaypros.com Apps are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
USER CODES
In connection with your use of or access to the Site, samedaypros.com and the samedaypros.com Apps, we from time to time may provide you with user names, passwords and/or other unique identifiers (User Codes). You are responsible for security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site, samedaypros.com or the samedaypros.com Apps on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site, samedaypros.com or the samedaypros.com Apps. We reserve the right to revoke or modify the User Codes at any time without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site, samedaypros.com, the samedaypros.com Apps and Social Media or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site, samedaypros.com, samedaypros.com Apps and/or Social Media.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, samedaypros.com, the samedaypros.com Apps or the Social Media, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, Electronic Messages) may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SAMEDAYPROS.COM, THE SAMEDAYPROS.COM APPS AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. SAMEDAYPROS.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR SOCIAL MEDIA, AND SAMEDAYPROS.COM PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE, THE SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU (AND NOT SAMEDAYPROS.COM PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR THE SOCIAL MEDIA. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE, SAMEDAYPROS.COM AND THE SAMEDAYPROS.COM APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. BY USING THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR SOCIAL MEDIA, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD SAMEDAYPROS.COM PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SAMEDAYPROS.COM, THE SAMEDAYPROS.COM APPS, THE SOCIAL MEDIA OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS AND SOCIAL MEDIA (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF SAMEDAYPROS.COM PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
INDEMNIFICATION
You shall indemnify and hold harmless samedaypros.com, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) Your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) Your access to and/or use of the Site, samedaypros.com, samedaypros.com Apps, Social Media and/or the Content, and/or (iii) Any and all information or content submitted by you or using User Codes to or otherwise using the Site, the samedaypros.com, the samedaypros.com Apps and/or the Social Media, including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
LOCATION; GOVERNING LAW
The Site, samedaypros.com and the samedaypros.com Apps are published in the United States. You agree that any access to or use of the Site, samedaypros.com, the samedaypros.com Apps, the Content, or solely between you and us, the Social Media, will be deemed to be entirely at our facility in Miami Beach, Florida, under and subject to applicable Florida and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in Miami Beach, Florida and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of Florida without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of Florida. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.
MODIFICATION; TERMINATION
We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site, the samedaypros.com or the samedaypros.com Apps (including the Content or hours of availability) and/or your access to or use of the Site, samedaypros.com, the samedaypros.com Apps and/or the Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, samedaypros.com modifies, suspends, terminates or discontinues your access to or use of the Site, samedaypros.com, the samedaypros.com Apps and/or the Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site, samedaypros.com, the samedaypros.com Apps and/or the Content, and your relationship with us.
FORCE MAJEURE
None of the samedaypros.com Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of samedaypros.com, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of samedaypros.com Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.
MISCELLANEOUS
These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site, samedaypros.com, the samedaypros.com Apps and/or the Social Media and to use the Content and, if applicable, you becoming and being a Partner, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms “including” and “includes” as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as “including, but not limited to” or “includes, but not limited to.” Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site, samedaypros.com, the samedaypros.com Apps and/or Social Media.
ELECTRONIC DOCUMENTS
We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site, samedaypros.com, the samedaypros.com Apps and/or the Social Media by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site, samedaypros.com, the samedaypros.com Apps and/or the Social Media or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) That you and, where applicable, the company or organization on whose behalf we grant you access to the Site, samedaypros.com, the samedaypros.com Apps and/or Social Media intend to form a legally binding contract between you and samedaypros.com; (ii) That you have read and agree to the terms and conditions of these Terms of Use; (iii) That you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) That by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) That if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.
TCPA COMPLIANCE STATEMENT AND INFORMATION YOU PROVIDE TO SAME DAY PROS
Upon using Same Day Pros, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our web PLATFORM AND APPLICATIONS. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to Same Day Pros, or by submitting a service request, you are requesting, and you expressly consent to being contacted by SAME DAY PROS, THEIR AFFILIATES, AND SERVICE PROFESSIONALS via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS to send you an automated prerecorded call confirming your service request, along with calls from up to five service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either SAME DAY PROS, THEIR AFFILIATES, AND SERVICE PROFESSIONALS may use automated phone technology (including auto-dialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by completing a request service submission form, you are entering into a business relationship with SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS and thus agree to be contacted by SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST SERVICE SUBMISSION FORM , INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF SAEM DAY PROS AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
