Terms and Conditions
EnduraFlood Systems LLC
Terms & Conditions for All Purchases and Use of Website
The following terms and conditions of sale (the “Terms of Sale”) apply to any product (each a “Product”) ordered from or purchased through the website located at www.enduraflood.com (the “Website”) and apply to your use of the Website. By using the Website or by placing any order for any Product(s) (an “Order”), you hereby accept and agree to be bound by the Terms of Sale, which are a legally binding agreement between you and EnduraFlood Systems LLC (“EnduraFlood”). If you do not agree with these Terms of Sale, do not use the Website or order any Products using this Website.
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS DISCLAIMERS, LIMITATIONS OF LIABILITY, EXCLUSIONS OF LIABILITY, AND OTHER PROVISIONS THAT MAY AFFECT YOUR RIGHTS AND REMEDIES. THESE TERMS OF SALE REQUIRE YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THESE TERMS OF SALE CAREFULLY BEFORE PROCEEDING WITH YOUR ORDER.
Orders placed through the Website are to be made for lawful purposes only. By submitting an Order, you represent that you have capacity and authority to commit to these Terms of Sale and that the Order is being placed for lawful purposes. Please note that Products will only be shipped to valid U.S. addresses (excluding Puerto Rico and other U.S. possessions and territories).
1. Website; Account
Online purchasing is available to you through the account you create on the Website (the “Account”). By submitting an Order, you represent and warrant that: (i) you are the Account holder or an authorized representative of the Account holder, and (ii) all Account information is accurate, complete, and current. Upon any change to the information associated with the Account, including but not limited to contact information such as telephone number(s) and/or email address(es), you are solely responsible for notifying EnduraFlood to ensure that the information associated with the Account is accurate, complete, and current.
You represent and warrant that you hold the account corresponding to any telephone number and any email address that you provide to EnduraFlood, or that you have the account holder’s permission to use such telephone number and email address. You agree to defend, indemnify, and hold harmless the EnduraFlood Released Parties (as defined below) (including any party initiating communications on their behalf) from and against any and all losses, actions, claims, damages, costs and expenses arising from, related to, or caused in whole or in part by (i) your provision of a telephone number or email address that you are not authorized to provide or (ii) your failure to notify EnduraFlood if you change your telephone number or email address.
2. Electronic Documents; Transaction
You hereby agree that your submission of an Order through the Website and your participation in the electronic processes logically associated with the Order constitute an electronic signature of this Agreement for the Order and have the same legal effect as if you signed such Agreement in ink and shall be deemed valid, authentic, enforceable, and binding.
By submitting an Order, you hereby agree that EnduraFlood, its service providers, agents, and/or other parties initiating communications on its behalf may provide any communication or notification relating to the Order to you by electronic means, and you hereby consent to receive by electronic means any and all agreements, documents, disclosures, and/or notices relating to the Order and/or required to be given by applicable law (the “Electronic Communications''). You also consent that EnduraFlood, its service providers, agents responding to any inquiries or communications relating to the Order, and/or other parties initiating communications on its behalf may contact you by telephonic, electronic, or other forms of communication, including but not limited to email, voice call or text message (including non-marketing calls and text messages made using an automatic telephone dialing system or a prerecorded or artificial voice), fax, or other means, regardless of the format of the original inquiry. You further agree that electronic and/or recorded copies of communications are valid, and that you will not contest the validity or enforceability of such Electronic Communications or any related transmissions, absent proof of altered data or tampering.
By submitting an Order, you acknowledge and agree that all Electronic Communications will (i) have the same legal effect as signed paper communications, (ii) be considered a “writing” or “in writing”, and (iii) be deemed for all purposes to have been “signed” and to constitute an “original'' when printed from electronic files or records established and maintained in the normal course of business. You agree that all Electronic Communications and actions recorded by EnduraFlood will be deemed valid and admissible originals. If you do not agree with these Terms of Sale, do not use EnduraFlood’s Website. You may have the right to withdraw your consent to receive certain Electronic Communications, and, when required by law, EnduraFlood will provide you with paper copies upon request. You may make such a request via mail to the publicly available address of EnduraFlood. If you withdraw your consent to receive certain Electronic Communications, EnduraFlood reserves the right to terminate your use of the Account and/or the Website. To receive, access, and retain Electronic Communications that EnduraFlood sends, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, emails and PDF files. By accepting these Terms of Sale, you confirm that you are able to receive, access, and retain the Electronic Communications that EnduraFlood may send. You may update your Account’s contact information at www.enduraflood.com.
You can retain a copy of this Agreement for your records by either printing the document or saving a PDF version of the Agreement on your computer system or mobile device. You confirm that you have sufficient knowledge of the computer system or mobile device used to submit the Order to print or save a copy of these Terms of Sale and other documents relating to the Agreement. The details of the Order, together with other notifications from EnduraFlood, shall be sent to the e-mail address associated with the Account.
3. Order; Order Validation; Order Acceptance
Before submitting an Order, you will be shown an order validation screen that shows the details of the Order (the “Order Validation Screen”). You agree to verify and confirm the accuracy of all information as it appears in the Order Validation Screen. Once you confirm and submit the Order, the foregoing shall constitute a binding offer to purchase the Product(s) identified at the prices shown in the Order Validation Screen subject to any taxes and charges shown in the Order Validation Screen.
You cannot withdraw or cancel the Order after submitting it through the Website.
The Order shall be deemed accepted by EnduraFlood only when the Website sends an order acceptance email to the e-mail address associated with the Account, or if EnduraFlood otherwise fulfills the Order and provides you with confirmation of the foregoing (in each case, “Order Acceptance”).
Notwithstanding the foregoing, Order Acceptance does not constitute confirmation by EnduraFlood of the availability of any Product or the requested quantities of any Product. Following Order Acceptance, if it is determined that any Product is not available, EnduraFlood will notify you by email (or by other means of communication using the information in your Account) and refund you for the unavailable Product. Any Product in an Order that is available at the time of Order Acceptance shall be shipped in the ordinary course.
EnduraFlood reserves the right, in its sole discretion, to limit quantities of any Product purchased in any particular order or by a particular person.
4. Order Cancellation
EnduraFlood may, in its sole discretion, refuse or cancel any Order even after confirmation of Order Acceptance and even after payment for such Order has been processed. In the event of such cancellation, EnduraFlood shall provide email notification to the e-mail address associated with the Account (or by other means of communication using the information in your Account) and provide a refund for such refused or canceled Order.
5. Personal Information
6. Availability; Prices
All Products listed on the Website are subject to availability. You acknowledge and confirm that in the event of any limited supply of a Product, EnduraFlood may allocate such supply in its sole discretion.
Product pricing regarding the Order is indicated on the Order Validation Screen. Please review it carefully before confirming the Order. In the event of any discrepancy between the pricing displayed on the Website (including pricing specified in any Content) and the pricing displayed on the Order Validation Screen, the pricing displayed on the Order Validation Screen shall apply to the Order.
All prices on the Website and the Order Validation Screen are stated in U.S. dollars and do not include applicable state and federal sales taxes or shipping and handling charges, which shall be included in the invoice for the Order and shall be paid by you together with payment of the underlying cost of the purchased Product.
7. Payment Processing
Payment for the Order will only be processed through use of a valid Visa, Mastercard, American Express, or Discover credit card (a “Credit Card”). By submitting an Order, you represent and warrant that you are the cardholder of the Credit Card or an authorized representative of such cardholder. Any payment made by Credit Card is subject to the approval and terms and conditions of the financial institution that issued the Credit Card.
You acknowledge and understand that the payment for the Order will be processed using a third party payment processor. EnduraFlood will not come into possession of Credit Card information and is not responsible for any acts or omissions of the third party payment processor.
Any refund or other credit to the Order will be applied to the Payment Method.
8. Shipping; Delivery
Orders accepted and confirmed by EnduraFlood will be shipped as soon as commercially reasonable, subject to availability. You are solely responsible for all shipping, handling, and insurance costs, if applicable. Customers can specify a preference for delivery service and for standard or premium delivery.
Shipping charges will vary, depending on quantity and weight of the Product ordered and delivery service requested. An estimated total shipping charge will be provided in the Order Validation Screen before you confirm the Order.
9. Ownership; Risk of Loss
Title to and ownership of any Product purchased in conjunction with the Order will pass upon the later of (i) payment in full of the price and associated charges and costs by you, or (ii) delivery of said Product to the third party carrier retained for delivery of said Product. You assume all risks of loss or damage in regard to the Product at the time of transfer of ownership to you. EnduraFlood products are items used in a construction process. Should minor imperfections or damage occur during shipping, and if it's reasonable to do so, you will use the product as is.
10. Product Specifications; Sizing; Technical Information
All Product sizes and dimensions are nominal. Product sizes and dimensions are subject to EnduraFlood’s standard tolerances for variations.
The Website attempts to display product images, renderings, drawings, photographs, and videos shown as accurately as possible. However, EnduraFlood cannot guarantee that the images or colors you see identically match the Product because the display of the image or color depends, in part, upon the computer monitor you are using. The colors shown on the Website and the named descriptors are subjective, approximate, and may vary. Product colors may also be changed by EnduraFlood at any time.
Technical information listed for the Products is, in some cases, provided by EnduraFlood’s vendors, and EnduraFlood may or may not verify all technical information its vendors provide. EnduraFlood relies on its vendors to verify the accuracy of the technical information they provide. Where technical information is provided by EnduraFlood’s vendors, EnduraFlood does not warrant that the technical information is accurate or correct.
11. Instructions for Installation
The instructions for installation of the Products are available on www.enduraflood.com in form of video tutorials, articles and blog posts. Any failure to abide by the instructions for installation of the Products voids the Limited Warranty. You and any entity or individual you may retain to install the Product are responsible for following all standard safety procedures when installing the Products. When using tools, you and any entity or individual you may retain to install the Product are responsible for following all safety instructions provided by the tool manufacturer, even if those may not be pointed out on www.enduraflood.com
12. Return Policy
If you are unhappy with the Product you purchased, you may contact EnduraFlood’s customer service team at email@example.com within 30 days from the date of the invoice of the Order (as stated in EnduraFlood’s records) in order to request a refund of Product that you are returning. You are solely responsible for returning the Product to EnduraFlood in its original state and for all related costs, including shipping and handling and insurance costs.
Returns are subject to a twenty-five percent (25%) restocking fee which will be deducted from the refund payable to you. A refund will only be issued upon receipt of the Product being returned in its original condition. No refund will be provided for any shipping, delivery and handling charges or for the cost of any insurance procured, if any, for shipment of the Product.
13. Limited Warranty
EnduraFlood warrants that each Product sold by EnduraFlood shall be free from defects in materials and workmanship at the time of Shipment subject to the following terms, conditions, and exclusions (the “Limited Warranty”):
REPLACEMENT PRODUCT — For a period of one (1) year from the original date of purchase, EnduraFlood at its sole option, shall either (a) replace Product that fails to conform to the foregoing Limited Warranty with Product in the form originally shipped, or (b) issue a credit to the purchaser in an amount not to exceed the original purchase price of the non-conforming Product. Any replacement Product provided by EnduraFlood pursuant to this Limited Warranty will be warranted under this Limited Warranty for either the remainder of the original warranty period or ninety (90) days from the date the replacement Product is shipped by EnduraFlood, whichever occurs first. You are responsible for all shipping, handling, and insurance costs to ship the replacement Product, and for all labor costs, including the labor costs to remove the Product and install the replacement Product. If EnduraFlood elects to refund the price of the defective Product, EnduraFlood will refund only the purchase price of the Product and will not refund any shipping and handling or insurance costs or any labor costs.
OBTAINING WARRANTY SERVICE — To obtain warranty services, you must ship the Product to EnduraFlood, freight prepaid, in its original packaging or in packaging providing an equal degree of protection. EnduraFlood is not responsible for damage to any Product that occurs during shipping. To coordinate your shipment of the Product to EnduraFlood, contact EnduraFlood at firstname.lastname@example.org to obtain a return authorization and the address to which the Product should be shipped.
ORIGINAL PURCHASER ONLY - This Limited Warranty extends to the original purchaser of the Product only and is not transferable. A sales receipt, invoice, or other proof of purchase specifying the original date of purchase, must be presented within the one (1) year warranty period to obtain warranty service.
INSTRUCTIONS FOR INSTALLATION AND USE - The failure to abide by EnduraFlood’s instructions for installation and use voids the Limited Warranty.
EXCLUSIONS TO THE WARRANTY - This Limited Warranty does not cover any damage to the Product:
resulting from acts of God including, but not limited to, lightning, hurricanes, tornadoes, floods, earthquakes, mud slides or any other weather or similar natural phenomena;
resulting from accident, misuse, abuse, negligence, commercial use (not consumer or personal use), alteration, improper storage or handling, or unauthorized repair of the Product;
due to improper installation or maintenance of the Product;
caused by or which occurs as the result of settlement or structural movement and/or movement of the structure in which the Product is installed;
relating to the growth of mold, mildew, fungi, bacteria, or any organism on any portion of the Product.
caused by or which occurs as a result of use of the Product in a manner other than the normal, customary and intended use set forth in EnduraFlood’s instructions for installation and use.
PLEASE NOTE THAT SOME JURISDICTIONS MAY REQUIRE BROADER WARRANTIES THAN THE ABOVE LIMITED WARRANTIES IN CONNECTION WITH CONSUMER SALES. FOR CONSUMER SALES IN ANY SUCH JURISDICTION, THE ABOVE WARRANTIES WILL BE DEEMED AMENDED TO ALIGN WITH THE MINIMUM REQUIREMENTS PROVIDED UNDER SUCH JURISDICTION’S APPLICABLE LAWS.
14. Disclaimers, Waivers, and Releases
OTHER THAN THE LIMITED WARRANTIES DESCRIBED IN SECTION __ OF THESE TERMS OF SALE, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ENDURAFLOOD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY SORT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DURABILITY, LEGALLY CONFORMING NATURE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, ENDURAFLOOD MAKES NO WARRANTY REGARDING THE ACCURACY OF ANY PRICING, DESCRIPTION, PICTURES, OR COLOR OF PRODUCTS SHOWN ON THE WEBSITE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT COMMUNICATIONS THROUGH THE INTERNET AND OTHER PUBLIC NETWORKS MAY BE INTERCEPTED AND THAT ELECTRONIC COMMUNICATIONS SENT TO YOU IN REGARDS TO THE ORDER INCLUDING, WITHOUT LIMITATION, E-MAIL CONFIRMATIONS AND NOTIFICATIONS, MAY BE VIEWED AND/OR INTERCEPTED BY THIRD PARTIES. YOU ACCEPT ALL SUCH RISKS AND ALL OTHER RISKS THAT ARE INHERENT TO THE USE OF AN ELECTRONIC PLATFORM AND/OR ELECTRONIC COMMUNICATIONS THROUGH A PUBLIC NETWORK.
EnduraFlood assumes no responsibility regarding your use or installation of its Products. It is your responsibility and the responsibility of any others who use or install the Products to comply with all applicable statutes, regulations, and building code requirements concerning the use and installation of the Products.
YOU ACKNOWLEDGE AND CONFIRM THAT THIS SECTION CONSTITUTES AN ESSENTIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND ENDURAFLOOD AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO ENDURAFLOOD PURSUANT TO THIS PROVISION, ENDURAFLOOD WOULD NOT HAVE PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARDS TO THE WEBSITE, CONTENT, SERVICES AND/OR PRODUCTS.
15. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ENDURAFLOOD OR ENDURAFLOOD TECHNOLOGIES, TOGETHER WITH THEIR RESPECTIVE AFFILIATES, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICES PROVIDERS, AGENTS, LICENSORS, OR OTHER REPRESENTATIVES, (COLLECTIVELY, THE “ENDURAFLOOD RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, WORK STOPPAGE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUE, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION, OR DEPRECIATION OF GOODWILL, EVEN IF A ENDURAFLOOD RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITATION TO THE FOREGOING (AND ONLY IN REGARDS TO THOSE TYPES OF DAMAGES NOT EXCLUDED IN THIS SECTION 15), THE MAXIMUM LIABILITY OF THE ENDURAFLOOD RELEASED PARTIES FOR DAMAGES RELATING TO AN ORDER SHALL NOT EXCEED THE PRICE ACTUALLY PAID FOR THE PRODUCT IN SUCH ORDER GIVING RISE TO SUCH DAMAGES.
THE PRODUCTS DO NOT PREVENT THE GROWTH OF MOLD, MILDEW, FUNGI, BACTERIA, OR OTHER ORGANISMS. ENDURAFLOOD DISCLAIMS ALL LIABILITY RELATING TO THE GROWTH OR EXISTENCE OF MOLD, MILDEW, FUNGI, BACTERIA, OR OTHER ORGANISMS ON THE PRODUCT OR IN THE STRUCTURE WHERE THE PRODUCT IS INSTALLED, INCLUDING BUT NOT LIMITED TO CLAIMS AND CAUSES OF ACTION BASED ON PROPERTY DAMAGE OR PERSONAL INJURY ALLEGED TO ARISE FROM OR BE CAUSED BY THE GROWTH OR EXISTENCE OF MOLD, MILDEW, FUNGI, BACTERIA, OR OTHER ORGANISMS.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 15 CONSTITUTES AN ESSENTIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND ENDURAFLOOD AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO ENDURAFLOOD PURSUANT TO THIS PROVISION, ENDURAFLOOD WOULD NOT HAVE PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARDS TO THE WEBSITE, ITS CONTENT, SERVICES, AND/OR PRODUCTS, NOR WOULD ENDURAFLOOD HAVE FULFILLED THE ORDER.
16. Force Majeure
If EnduraFlood is prevented from fulfilling an Order due to events outside its reasonable control, including but not limited to acts of God, fire, strike, lock out, labor controversy, civil unrest, unavailability of public infrastructure, unavailability of public telecommunications networks, war, insurrection or apprehended insurrection, terrorism, quarantine, pandemic, change in applicable laws, or act of government, EnduraFlood reserves the right, in sole discretion, to extend the estimated delivery date to one which is reasonably practicable or to cancel the Order and offer a refund for the purchase.
17. Product Modifications.
Except to the extent expressly stated in a written agreement entered into between EnduraFlood and you, all Products that are sold to you using this Website are sold for end-use by you and may not be resold, relabeled, or repackaged. We reserve the right to change the formulation or method of manufacture of the Products from time to time in our sole discretion and we will have no obligation to notify you before or after any such change in the Products
18. Governing Law; Mandatory Binding Arbitration
Any controversy, claim or dispute arising out of or in connection with any Order, your purchase or use of the Products, your use of this Website, these Terms of Sale, or the breach thereof shall be settled by final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall be conducted by a single arbitrator and the place of the arbitration shall be Somerset County, New Jersey. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The parties understand and agree that they are waiving the right to a trial by jury.
YOU MAY ONLY RESOLVE DISPUTES WITH ENDURAFLOOD, ENDURAFLOOD TECHNOLOGIES, OR THEIR RESPECTIVE AFFILIATES ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE, OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
In the event that the agreement to arbitrate in this Section is found not to apply to you or your claim or cause of action, you and EnduraFlood agree that any judicial proceeding will be brought only in the United States District Court for the District of New Jersey or in courts of the State of New Jersey located in Bergen County, New Jersey. Both you and EnduraFlood irrevocably consent and agree to venue and personal jurisdiction there, and WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL.
Any arbitration shall be confidential, and neither you nor EnduraFlood may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. All fees and expenses of the arbitration (including the fees of the arbitrator) will be divided equally between you and EnduraFlood. Each party will bear the expense of its own counsel and experts.
The division of these Terms of Sale into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Sale. In these Terms of Sale, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, and unincorporated associations, and any other entity.
20. Entire Agreement; Amendment
Any purported or attempted amendment of these Terms of Sale or any inclusion of additional contractual terms or conditions by you is without effect. Likewise, any attempt by you to amend or supplement the Terms of Sale through other means of communications is without effect. In each such situation, these Terms of Sale shall continue without modification, qualification, or exception.
No waiver of any provision of these Terms of Sale shall be binding on EnduraFlood unless executed by an authorized representative of EnduraFlood in writing. No waiver of any of the provisions of these Terms of Sale shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision or portion of a provision of these Terms of Sale which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction will, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity, or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions (and the remaining enforceable portion of such provision, if any) of these Terms of Sale or affecting the legality, validity, or enforceability of such provision in any other jurisdiction.
These Terms of Sale shall enure to the benefit of EnduraFlood and its successors and assigns.
By placing an Order, you acknowledge having read these Terms of Sale before accepting them, having the authority to accept these Terms of Sale, and having had the opportunity to save or print a copy of these Terms of Sale.