Terms & Conditions

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of the United States and international conventions.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

User Representations

By using the Site, you represent and warrant that:

1. All information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update it as necessary
3. You have the legal capacity and agree to comply with these Terms of Use
4. You are not a minor in the jurisdiction in which you reside
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
6. You will not use the Site for any illegal or unauthorized purpose
7. Your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include but are not limited to:

• Systematically retrieving data or content from the Site to create or compile a collection or database without written permission from us
• Tricking, defrauding, or misleading us or other users, especially in any attempt to learn sensitive account information
• Circumventing, disabling, or otherwise interfering with security-related features of the Site
• Using the Site to advertise or offer to sell goods and services not authorized by us
• Using any information obtained from the Site in order to harass, abuse, or harm another person
• Using the Site in a manner inconsistent with any applicable laws or regulations
• Uploading or transmitting viruses or any other material that interferes with any party’s uninterrupted use of the Site

User-Generated Contributions

The Site does not currently offer users the ability to submit or post public content. However, we may provide you with the opportunity to create, submit, or transmit content to us, including text, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”).

When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party, including copyright, patent, trademark, or trade secret rights
• You are the creator and owner of, or have the necessary licenses and permissions to use, your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, spam, or other forms of solicitation
• Your Contributions are not obscene, harassing, libelous, slanderous, or otherwise objectionable
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not contain material that exploits or solicits personal information from minors

You retain full ownership of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions, and you are solely responsible for them.

Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) that you provide to us are non-confidential and become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.

By submitting suggestions or other feedback, you agree that we can use and share such feedback for any purpose. You hereby waive all moral rights to any such Submissions and warrant that they are original or that you have the right to submit them.

Third-Party Websites and Content

The Site may contain links to other websites (“Third-Party Websites”) as well as content originating from third parties (“Third-Party Content”). Such Third-Party Websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any Third-Party Websites accessed through the Site.

Inclusion of or linking to any Third-Party Website or content does not imply our approval or endorsement. If you decide to leave the Site and access Third-Party Websites, you do so at your own risk and these Terms of Use no longer govern. Any purchases made through Third-Party Websites are exclusively between you and the applicable third party, and we take no responsibility for such purchases.

Site Management

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use
2. Take appropriate legal action against anyone who violates the law or these Terms of Use
3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
4. Remove from the Site or disable all files and content that are excessive in size or burdensome to our systems
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://prodryfloorcare.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

The Site is hosted in the United States. If you access the Site from any other region of the world with laws governing personal data collection, use, or disclosure that differ from United States law, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name or any third party’s name. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site and reserve the right to modify or discontinue all or part of the Site without notice at any time.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems requiring maintenance, resulting in interruptions, delays, or errors. We will not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. ProDry Floor Care and you irrevocably consent that the courts of Hamilton County, Ohio shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any formal proceedings. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration. If the parties are unable to resolve a dispute through informal negotiations, the dispute shall be finally resolved by binding arbitration administered in Hamilton County, Ohio. The arbitration shall be conducted by a single arbitrator, in the English language, under the commercial arbitration rules then in effect. The governing law shall be the substantive law of the State of Ohio.

Restrictions. Any arbitration shall be limited to the dispute between the parties individually. No arbitration may be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.

Exceptions. The following disputes are not subject to informal negotiations or binding arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WILL ASSUME NO LIABILITY FOR ANY (1) ERRORS OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (5) BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

1. Your use of the Site
2. Your breach of these Terms of Use
3. Any breach of your representations and warranties set forth in these Terms
4. Your violation of the rights of a third party, including intellectual property rights
5. Any harmful act toward any other user of the Site

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, completing online forms, and submitting your phone number for SMS communications constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under applicable laws that require an original signature or delivery or retention of non-electronic records.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site.

Contact Us

To resolve a complaint regarding the Site or to receive further information regarding use of the Site or these Terms of Use, please contact us: