EnduraFlood Systems LLC
Effective Date: September 21, 2022
1. Legally Binding Terms
You acknowledge and understand that certain Content and/or Services may be subject to additional terms and conditions which will be available for viewing prior to access to or receipt of such Content or Services.
3. U.S. Website
Access to the Website is for the benefit of persons residing in the United States.
Access to certain features of the Website requires the creation of an account (“Account”).
You hereby represent and warrant that all information you provide for your Account will be accurate, current, and complete. Further, you agree to update such information to the extent it becomes outdated or is otherwise no longer accurate or complete.
All user IDs and passwords remain the sole property of EnduraFlood, and your Account may be canceled or suspended at any time by EnduraFlood without prior notice or any liability to you or any other person. Without any limitation to the generality of the foregoing, if EnduraFlood, in its sole discretion, considers a password to be insecure or otherwise compromised, EnduraFlood may cancel the password and/or your Account, as applicable.
You agree to promptly respond to all e-mail and other correspondence from EnduraFlood which requests or requires a response from you, including without limitation communications concerning complaints or concerns regarding your use of the Website and/or the use of your Account.
You hereby agree that by creating an Account or otherwise providing your contact information to EnduraFlood, you consent that EnduraFlood, its service providers, agents, 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 e-mail, 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.
5. No Agency, Franchise, Employment, Distribution or Similar Relationship
6. Ownership and Copyright
EnduraFlood’s names, logos, and all related product names, tradenames, service marks, trademarks, design marks, and slogans are the property of and owned by EnduraFlood Technologies and are used in the United States under exclusive license by EnduraFlood.
You shall not modify the Content;
You shall not use the Content for any commercial purpose;
You shall not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, scrape, host, publish, broadcast, publicly display, make available to any person, or otherwise use or exploit, whether directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, whether physical, electronic or otherwise;
You shall not permit, allow, or do anything that would infringe, compromise or otherwise prejudice the proprietary rights of EnduraFlood or its licensors;
You shall not allow any third party to access the Content;
You shall not transfer the Content to another person or “mirror” the Content on any other server; and/or
You shall not engage in the violation of any laws, third party rights, or published EnduraFlood policies.
This license shall automatically terminate if you violate any of these restrictions.
Upon completion of your personal viewing and consultation of the Content, or on the termination of this license, you must destroy any downloaded Content in your possession, whether in electronic or printed format.
8. Personal Information
9. User Generated or Supplied Comments and Content
When you submit ideas, concepts, inventions, know-how, techniques, comments, suggestions, and/or feedback (collectively, “User Comments”) to the Website, the User Comments will become the exclusive property of EnduraFlood and EnduraFlood shall be entitled to collect, use, publish, retain, disclose, destroy, commercialize, and exploit the User Comments without restriction or obligation to pay any royalty or provide other consideration.
You hereby grant to EnduraFlood a perpetual, unrestricted, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, host, make available to any person, commercialize, exploit, or otherwise use any information or other content you provide on or through the Website or which is sent to EnduraFlood or any of its authorized dealers or distributors by email or other correspondence (collectively, “User Content”), for any purpose whatsoever. EnduraFlood shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by EnduraFlood in writing or required by law and EnduraFlood may freely grant sublicenses to User Content or any part thereof. You also grant to EnduraFlood the right to use your name and likeness in connection with any User Content that you provide.
You represent and warrant that you: (i) exclusively own any User Comments immediately prior to their submission through the Website; and (ii) have the unrestricted right to grant the license set out above regarding the User Content.
10. Access Restrictions
The Website contains sections and areas that are restricted to EnduraFlood personnel, consumers, affiliates, and service providers. Access to certain sections and areas of the Website may also be restricted to end users who have created an Account. Therefore, not all pages and resources of the Website will be accessible to you. Notwithstanding the foregoing, access to the Website and all pages, Services and Content on the Website or accessible through the Website, and any revocation of any such previously provided access, is subject to EnduraFlood’s exclusive discretion. Unauthorized access may result in civil or criminal penalties as well as the exercise by EnduraFlood of any remedies or recourses available to it under applicable laws.
11. Linked Websites
The Website contains hyperlinks to third party websites which are subject to their own respective terms and conditions of use and privacy policies. These hyperlinks are provided for convenience only. No warranties or representations are made as to third party websites, and any access to such third party websites is at your sole risk. EnduraFlood does not recommend or endorse access or use of any third party website or any content, product, service, or other subject matter associated with any third party website. EnduraFlood assumes no responsibility for the content, services and/or products available through any such third party website.
12. Inappropriate Conduct
You agree not to undertake any conduct that is illegal, abusive, or otherwise inappropriate including, without limitation, any of the following:
posting material that is libelous, defamatory, obscene, pornographic, abusive, or threatening;
posting personal information relating to any individual other than yourself;
posting material in contravention of any contractual obligation or fiduciary duty;
posting material that infringes any proprietary right of any third party including, without limitation, any intellectual property right;
creating links to the Website from commercial websites;
using any EnduraFlood trademark, service mark, or logo in any permitted links to the Website or Content;
framing of the Website or of any Content in any form and by any method;
attempting to access areas of the Website, or features and services of the Website, that you are not authorized to access;
engaging in activities that violate federal, state, municipal, or international law, or advocating illegal activity;
using the Website to facilitate unsolicited communications or solicitation schemes not expressly permitted by EnduraFlood;
compromising the security of the Website or the facilities and/or resources used to operate the Website;
attempting to gain unauthorized access to the Website or any private network that may be accessible through the Website, or to any Website account other than your own Account;
taking any actions that may impose, as determined by EnduraFlood, an unreasonable or disproportionately large load on EnduraFlood’s facilities, systems, network, or telecommunications infrastructure;
attempting to interfere with the proper functioning of the Website or any activities conducted on or throughout the Website;
taking any measures or bypassing any automated exclusions or other measures EnduraFlood has implemented to restrict access to the Website or certain Website portions, features or services;
using or launching any automated system, including without limitation, “robots,” “spiders,” or any other similar technological devices which access the Website or any Website resource;
using Website communication systems, including but not limited to the “share” and/or “ask a question” features relating to any proposed project or product, for any commercial solicitation purposes or for any other purpose than EnduraFlood’s intended purpose of such feature;
attempting to disrupt network services or services of the Website;
attempting to disrupt network services or services of third party networks using the Website’s internet access service or other services and/or features;
attempting to access or collect third party personal information;
attempting to access or collect EnduraFlood’s confidential information or confidential information of distributors, customers, and/or other dealers with which EnduraFlood has been entrusted;
using the Website in any way that places an excessive burden on the Website’s resources or infrastructure;
interfering with other users’ use of the Website; and
engaging in the harvesting or collecting information about other users of the Website, including e-mail addresses.
Violation of the foregoing obligations may result in immediate suspension or termination of your Account without notice to you as well as criminal and civil penalties as well as the exercise by EnduraFlood of any remedies or recourses available to it under applicable laws.
You agree that upon becoming aware of any inappropriate conduct or content on the Website, you shall report such conduct and/or content to EnduraFlood immediately.
The Website, Content and Services are provided on an “as is”, “as available” basis without warranties or conditions of any kind and access to and use of any of the foregoing is at your sole risk. EnduraFlood and its affiliates specifically disclaim any implied warranties and conditions of any kind in regard to the Website, Content, and Services including, without limitation, those relating to merchantability, quality, fitness for a particular purpose, compliance with applicable laws, currency, accuracy, availability, reliability, uninterrupted use, error free use (or that errors will be corrected), safety, secure access, secure use, security, malware-free state, reliability, conformity with legal requirements, and non-infringement of third party rights, to the maximum extent permitted by law. Without limitation to the generality of the foregoing, EnduraFlood makes no warranty in regard to the accuracy of any pricing, description or pictures of products shown on the Website, and the color of products, as shown on the Website. For information regarding the Limited Warranty on any Product purchased from EnduraFlood, visit www.enduraflood.com/warranty.
The information and opinions expressed in any forum on the Website (including those for product reviews) are those of their respective authors and are not made, confirmed or endorsed by EnduraFlood (or its affiliated or related entities), its distributors and/or authorized dealers. Furthermore, neither EnduraFlood nor its affiliated or related entities or its content providers are responsible or liable in any manner and to any extent to any person or entity whatsoever with respect to use or reliance on such Content.
EnduraFlood is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Content, including, without limitation, any User Comments or User Content, before EnduraFlood takes any remedial action that it considers, in its sole discretion, to be appropriate.
EnduraFlood and its affiliates assume no responsibility or liability for the deletion or failure to store or provide access, or to properly store or provide access, to any Content (including, without limitation, any User Comments and User Content).
You are solely responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website, Content, or Services. You assume the entire risk in downloading or otherwise accessing any Content or other materials obtained from EnduraFlood, the Website or third parties as part of the Services. Although the Website uses encryption for the handling of personal or sensitive information, there is no guarantee that such information and transactions on the Website or on the internet will be maintained confidential and secure. The use of the Website, Services, and/or the Content is at your sole risk.
You acknowledge and confirm that this section 13 constitutes an essential and material 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.
Please note that consumer protection laws may exclude or limit the application of the foregoing disclaimer and that in such circumstances this section 13 may not apply to you or may apply with certain modifications so that it complies with the laws that apply in the jurisdiction in which you reside.
14. Exclusions; 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.
The maximum liability of the EnduraFlood Released Parties for direct damages relating to the Website, Content, and/or Services will not exceed ten dollars ($10) in the aggregate.
The foregoing exclusions and limitations will apply notwithstanding any failure of essential purpose of any remedy and are fundamental elements of the bargain between EnduraFlood and you.
You acknowledge and confirm that this section 14 constitutes an essential and material 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.
Please note that applicable laws in the state in which you reside may exclude or limit the application of the foregoing exclusion and limitation of liability and that in such circumstances, this section 14 may not apply to you or may apply with certain modifications so that it complies with the laws that apply in the jurisdiction in which you reside.
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 (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.
EnduraFlood reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any indemnified claim.
18. Governing Law
Any claim relating to the Website, Services, Content, or Products will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
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.
20. Entire Agreement