Registered Contractor Directory Terms

These Registered Contractor Directory Terms ("Directory Terms") govern your use of the EnduraFlood Contractor Locator, the Registered Contractor Directory, the bid invite feature, and any contractor listing, contractor information, or contractor communication made available through the EnduraFlood website (collectively, the "Directory"), operated by EnduraFlood Systems LLC ("EnduraFlood," "we," "us," or "our").

By using the Directory, submitting a bid invite, requesting a contractor list, or contacting any contractor identified through the Directory, you agree to these Directory Terms. If you do not agree, do not use the Directory.

These Directory Terms supplement, and are in addition to, the EnduraFlood Terms of Use and Privacy Policy. In the event of a conflict between these Directory Terms and the general Terms of Use with respect to the Directory, these Directory Terms control.

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 1. Purpose of the Directory

The Directory is provided as a convenience to help property owners identify independent contractors in their area who have completed EnduraFlood product installation training. The Directory is an informational listing service. It is not a contractor referral service, a contractor screening service, a bidding platform operated on your behalf, or a recommendation of any particular contractor.

 

2. What "Registered Contractor" Means

A contractor is listed in the Directory as an "EnduraFlood Registered Contractor" after the contractor has:

(a) completed EnduraFlood product installation training;

(b) represented to EnduraFlood that it holds the contractor, home improvement, or trade licenses required in the states and municipalities where it performs work;

(c) represented to EnduraFlood that it maintains the insurance coverage required by the Registered Contractor Program; and

(d) agreed to the terms of the EnduraFlood Registered Contractor Program.

The designation "Registered Contractor" affirms only that the contractor has completed these program steps.

 

It is not a certification, guarantee, warranty, endorsement, or recommendation of the contractor, or of the contractor's competence, licensing status, insurance coverage, financial condition, workmanship, safety record, honesty, timeliness, pricing, or fitness for your project.**

 

3. Independent Businesses; No Agency

Contractors listed in the Directory are independent businesses. They are not employees, agents, partners, joint venturers, franchisees, dealers, representatives, or subcontractors of EnduraFlood.

EnduraFlood does not supervise, direct, control, schedule, inspect, or otherwise oversee any listed contractor's work. EnduraFlood does not set, review, approve, or negotiate any contractor's prices, scope of work, contract terms, schedule, or personnel decisions. No listed contractor has any authority to make any representation, promise, commitment, or warranty on behalf of EnduraFlood, or to bind EnduraFlood in any way. Any such representation is unauthorized and is not binding on EnduraFlood.

A contractor's use of the EnduraFlood name, logo, or trademarks — including on signage, vehicles, uniforms, websites, proposals, or marketing materials — is made under a limited trademark license and does not make that contractor an agent or representative of EnduraFlood, and does not mean EnduraFlood is responsible for that contractor's work.

 

4. Disclosure of Program Relationship

EnduraFlood maintains a commercial relationship with listed contractors. Registered Contractors may receive benefits from EnduraFlood including product installation training, sales samples, marketing and showroom materials at no cost or reduced cost, a limited license to use EnduraFlood trademarks, listing in the Directory, and the ability to receive bid invites. Registered Contractors purchase EnduraFlood products, and EnduraFlood derives revenue from those purchases.

We disclose this so you can weigh it. A contractor's presence in the Directory reflects participation in a commercial program — it does not reflect an independent evaluation of that contractor by EnduraFlood.

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5. Contractor Information Is Supplied by the Contractor

All contractor information displayed in or distributed through the Directory — including company name, contact person, address, telephone number, email address, website, service area, licensing, insurance, and capabilities — is supplied by the contractor.

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EnduraFlood does not independently investigate, audit, verify, or continuously monitor this information. EnduraFlood does not conduct background checks, credit checks, criminal history checks, reference checks, jobsite inspections, quality audits, or ongoing license or insurance verification on listed contractors. Information in the Directory may be inaccurate, incomplete, or out of date, including information about a contractor's licensing and insurance status, which may lapse, be suspended, or be revoked without EnduraFlood's knowledge.

Any person who relies on Directory information does so at their own risk.

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6. Your Responsibility to Investigate and Select

You are solely responsible for selecting, investigating, negotiating with, contracting with, supervising, paying, and, if necessary, terminating any contractor.** The decision to hire any contractor is yours alone.

Before hiring any contractor, whether or not that contractor is listed in the Directory, you should at minimum:

- Verify the contractor's license directly with the applicable state or local licensing authority;
- Request current certificates of general liability insurance and workers' compensation insurance directly from the contractor's insurance carrier or agent;
- Check references and review the contractor's work history;
- Obtain multiple written bids;
- Obtain a written contract specifying scope, price, payment schedule, timeline, change order procedure, warranty, and lien waivers; and
- Confirm that all permits required for your project have been obtained.

EnduraFlood has not performed any of these steps for you and does not perform them on your behalf.

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7. Bid Invites

If you submit a bid invite through the Directory, your request and the information you provide will be transmitted to participating Registered Contractors whose stated service area includes your location. EnduraFlood does not select a contractor for you, does not assign your project to any contractor, does not evaluate or rank any bid you receive, and does not advise you on which bid or contractor to accept.

Submitting a bid invite creates no obligation on the part of EnduraFlood or any contractor. EnduraFlood does not guarantee that you will receive any response, that any contractor will be available, or that any bid will be accurate, competitive, complete, or honored.

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8. Your Agreement Is With the Contractor

Any agreement you enter into with a contractor is solely between you and that contractor. **EnduraFlood is not a party to that agreement, has no rights or obligations under it, and assumes no responsibility for either party's performance.** You will contract with and pay the contractor directly. Your rights and remedies are governed by the terms of your agreement with the contractor and by applicable law.

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9. Disputes With Contractors

If a dispute arises between you and a contractor — including any dispute regarding pricing, billing, scope, schedule, delay, workmanship, property damage, personal injury, warranty, or business conduct — **you must pursue that dispute directly with the contractor.** EnduraFlood is not a party to such disputes, has no obligation to intervene, mediate, arbitrate, investigate, or resolve them, and has no obligation to compensate you for them.

You may notify EnduraFlood of a concern regarding a listed contractor at the contact information below. EnduraFlood may, in its sole discretion, act on such a notice, including by removing a listing. EnduraFlood undertakes no duty to investigate, respond to, or act upon any notice, and its receipt of a notice creates no duty to you.

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10. Product Warranty Is Separate

The EnduraFlood limited product warranty applies to EnduraFlood products only, according to its own terms, which are available at enduraflood.com/warranty.

The EnduraFlood limited product warranty does not cover installation, labor, workmanship, or any service performed by any contractor, whether or not that contractor is listed in the Directory.** Nothing in the Directory, in the Registered Contractor Program, or in any contractor's participation in that program extends, expands, modifies, or creates any warranty by EnduraFlood covering a contractor's work. Any workmanship warranty is offered by the contractor alone and is the contractor's sole responsibility.

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11. Disclaimer of Warranties

THE DIRECTORY AND ALL CONTRACTOR INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENDURAFLOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, ENDURAFLOOD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND REGARDING ANY LISTED CONTRACTOR, INCLUDING WITHOUT LIMITATION ANY CONTRACTOR'S SKILLS, QUALIFICATIONS, EXPERIENCE, LICENSING, INSURANCE, BONDING, FINANCIAL CONDITION, SAFETY PRACTICES, BUSINESS PRACTICES, PRICING, TIMELINESS, PERFORMANCE, OR THE QUALITY, DURABILITY, CODE COMPLIANCE, OR RESULTS OF ANY WORK PERFORMED. ENDURAFLOOD DOES NOT WARRANT THAT THE DIRECTORY WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.

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12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ENDURAFLOOD AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR DIMINUTION IN PROPERTY VALUE, ARISING OUT OF OR RELATING TO THE DIRECTORY OR TO ANY DEALINGS, AGREEMENT, WORK, ACT, OR OMISSION INVOLVING ANY LISTED CONTRACTOR, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, AND WHETHER OR NOT ENDURAFLOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENDURAFLOOD AND THE PARTIES LISTED ABOVE ARISING OUT OF OR RELATING TO THE DIRECTORY OR ANY LISTED CONTRACTOR SHALL NOT EXCEED [ONE HUNDRED U.S. DOLLARS ($100.00)].

These limitations apply even if a limited remedy is found to have failed of its essential purpose. Nothing in this section limits liability that cannot be limited under applicable law, including liability for fraud or for personal injury caused by EnduraFlood's own gross negligence or willful misconduct.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by applicable law.

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13. Release

To the fullest extent permitted by law, you release and forever discharge EnduraFlood and its affiliates, and their respective members, managers, officers, directors, employees, and agents, from any and all claims, demands, damages, losses, costs, and expenses of every kind, known or unknown, arising out of or in any way connected with your use of the Directory or your dealings with any listed contractor, including any work performed or not performed by any contractor.

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[California residents: You waive California Civil Code Section 1542, which states: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.]

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14. No Third-Party Beneficiaries

The EnduraFlood Registered Contractor Program agreement, the Registered Contractor Guidelines, the Trademark Use Policy, and any other agreement between EnduraFlood and a contractor are solely for the benefit of EnduraFlood and that contractor. No property owner or other third party is an intended or incidental third-party beneficiary of any such agreement, and no property owner or other third party acquires any right, claim, or remedy under any such agreement. EnduraFlood's program requirements, including any licensing or insurance requirement, are imposed for EnduraFlood's own business purposes and create no duty running to you.

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15. Changes to the Directory; No Duty to Monitor

EnduraFlood may add, modify, suspend, or remove any listing, and may modify, suspend, or discontinue the Directory or the bid invite feature in whole or in part, at any time, for any reason or no reason, with or without notice.

EnduraFlood has no obligation to monitor, screen, investigate, audit, re-verify, or evaluate any listed contractor at any time, whether at the time of listing or thereafter. The removal of a listing, or the failure to remove a listing, does not constitute any representation by EnduraFlood about that contractor.

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16. Changes to These Terms

EnduraFlood may revise these Directory Terms at any time by posting a revised version with an updated Effective Date. Your continued use of the Directory after a revised version is posted constitutes acceptance of the revised Directory Terms.

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17. Governing Law and Venue

These Directory Terms, and any dispute arising out of or relating to them or to the Directory, are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. You and EnduraFlood consent to the exclusive jurisdiction and venue of the state and federal courts located in Somerset County, New Jersey [or: are subject to the arbitration provision in the EnduraFlood Terms of Use].

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18. Severability; No Waiver; Entire Agreement

If any provision of these Directory Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect. EnduraFlood's failure to enforce any provision is not a waiver of that provision.

These Directory Terms, together with the EnduraFlood Terms of Use and Privacy Policy, constitute the entire agreement between you and EnduraFlood regarding the Directory and supersede any prior understanding on that subject.

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19. Contact

EnduraFlood Systems LLC
(800) 285-0899
enduraflood.com/contact

 

*EnduraFlood® is a registered trademark of EnduraFlood Systems LLC. All rights reserved.*