EFFECTIVE DATE: January 1, 2020
LAST UPDATED DATE: April 5, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER, OBTAIN OR RECEIVE PRODUCTS OR SERVICES FROM THIS WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER IF YOU (A) DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS; (B) DO NOT RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS; (C) ARE NOT AT LEAST 18 YEARS OF AGE OR ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER.
These Terms and Conditions are a legal agreement that applies to your use of www.stanleysteemer.com (the "Website "), as well as the purchase and sale of products and services through the Website or our National Customer Contact Center. By continuing to use our Website, you agree that such use is legally sufficient consideration under these Terms and Conditions.
We are committed to making Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Statement for more information. If you have difficulty accessing any content, feature, or functionality of the Website, please contact us.
Please click on the links below to jump to sections of interest in these Terms and Conditions.
These Terms and Conditions are subject to change by Stanley Steemer International, Inc. (referred to as the “Company”, "us ", "we ", or "our " as the context may require) at any time, in our sole discretion. We will use reasonable efforts to notify you of such changes. However, please refer to the “Last Updated Date” at the top of this page to see when these Terms and Conditions were last revised. When changes are made to these Terms and Conditions, they will become immediately effective when published on this page unless otherwise noted. You should review these Terms and Conditions prior to ordering, obtaining or receiving any product or services that are available through this Website or our National Customer Contact Center. Your continued use of this Website or our National Customer Contact Center or your receipt of products or services after the "Last Updated Date " will constitute your acceptance of and agreement to such changes.
While Stanley Steemer International, Inc. operates and controls both the Website and the National Customer Contact Center, it is not responsible for the operation of the Stanley Steemer Franchisees that may deliver the products and services ordered, obtained or received through the Website or the National Customer Contact Center (except as outlined in the Service Delivery and E-Commerce Terms Sections below). All Stanley Steemer Franchisees are independently owned and operated business entities and are not the not actual agents, apparent agents, ostensible agents, or employees of Stanley Steemer International, Inc. in any way. Each Stanley Steemer Franchisee is solely and independently responsible for its legal and regulatory compliance; for any issues relating to the supply of products or services to you; and for all employment related matters in connection therewith. By using the Website or the National Customer Contact Center, you agree and acknowledge that Stanley Steemer Franchisees are solely responsible for, and Stanley Steemer International, Inc. shall not be liable or responsible for, the delivery services provided to you by any Stanley Steemer Franchisee or any subcontractors of Stanley Steemer Franchisee, or any acts, omissions, errors or misrepresentations made by any Stanley Steemer Franchisee.
You agree that orders placed through the Website or our National Customer Contact Center constitute an offer to buy the products and services listed in your order pursuant to these Terms and Conditions. For all orders placed through our National Customer Contact Center, a copy of these Terms and Conditions will be made available for your review and acceptance immediately following your order via a confirmation email. By proceeding with the delivery of the products and services listed in orders placed through our National Customer Contact Center you are affirmatively accepting these Terms and Conditions. You may revoke your offer to buy at any time prior to the delivery. All orders must be accepted by us or one of our independently owned and operated Stanley Steemer Franchisees or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Certain portions of our Website permit you to schedule services and/or purchase, cleaning products and gift cards directly from Stanley Steemer International, Inc. (“E-Commerce Products”). The following terms apply to your purchase of E-Commerce Products.
We: (a) reserve the right to change the E-Commerce Products advertised or offered for sale through the Website, the prices or specifications of the E-Commerce Products, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that E-Commerce Products advertised or offered for sale on the Website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that product descriptions, colors or photographs are accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on the Website is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated, products sold on the Website are intended for end use in the United States and are not labeled or intended for international distribution.
Refunds & Returns
Please see our Workmanship and Return Policy for more information about refunds and returns of E-Commerce Products.
If we are legally required to collect sales tax on E-Commerce Products in you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors. Please see our Workmanship and Return Policy for more information about refunds.
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
Unless otherwise indicated, we are only able to ship E-Commerce Products to one shipping address per order. If you'd like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If your order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
Safer Choice Products
Certain products used in the provision of services by Stanley Steemer International, Inc. and certain E-Commerce Products may be marked as “Safer Choice.” The Environmental Protection Agency’s (“EPA”) Safer Choice recognition does not constitute endorsement by the EPA or Stanley Steemer International, Inc. of this product. The Safer Choice label signifies that the formula for this product, as Stanley Steemer International, Inc. has represented it to the EPA, contains ingredients with more positive health and environmental characteristics than conventional products. The EPA/Safer Choice relies solely on Stanley Steemer International, Inc.’s integrity and good faith, for information on the composition, ingredients, and attributes of its products.
EPA/Safer Choice has not independently identified, i.e., via chemical analysis, the ingredients in the product formula, nor evaluated any of Stanley Steemer International, Inc.’s non-ingredient claims. EPA/Safer Choice provides its evaluation only as to the environmental and human health characteristics of the product, based on currently available information and scientific understanding.
This Workmanship and Return Policy applies only to services and products delivered directly by Stanley Steemer International, Inc. While Stanley Steemer International, Inc. operates and controls both the Website and the National Customer Contact Center, it is not responsible for the operation of the Stanley Steemer Franchisees that may deliver the products and services ordered. For information on how a specific Stanley Steemer Franchisee handles workmanship issues and product returns, please direct your request to the relevant Stanley Steemer Franchisee.
If you are not satisfied with a service performed by Stanley Steemer International, Inc. you may request a refund within seven (7) days of completion of the service, subject to the following conditions:
If you are not completely satisfied with a product purchased from Stanley Steemer International, Inc. you may return it within thirty (30) days of receipt for a full refund, exchange, or a credit toward a future purchase, subject to the following conditions:
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Generally, you may only have one active account on the Website at any given time unless you a maintain a personal account and a commercial or business account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree that you are responsible for all activities that occur under your account. You also agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
You agree to receive transactional communications concerning your orders from Stanley Steemer International, Inc. and/or Stanley Steemer Franchisees at any of the addresses or phone numbers provided by you or on your behalf—including via e-mail, SMS/text, calls, and push notifications. You agree that SMS/texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. If you change or deactivate the phone number you provided to us, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. The use of transactional SMS/text are governed by our SMS Terms and Conditions. If you do not wish to receive transactional SMS/texts, you can text “STOP” to the ten-digit number from which you are receiving such transactional SMS/texts. You acknowledge that opting out of transactional SMS/text may impact the delivery of the products and services ordered through the Website and our National Customer Contact Center.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The following trademarks used herein are the property of Stanley Steemer International, Inc.: Stanley Steemer (and design), Stanley Steemer Carpet Cleaner (and design), Stanley Steemer Logo, Stanley Steemer Van Logo, 1-800-STEEMER (and design), Stanley Steemer Floor Plan (and design), Stanley Steemer Spot Remover, Stanley Steemer Odor Out, Stanley Steemer Odor Out Plus, Stanley Steemer Neutral Tile & Grout Cleaner, Stanley Steemer Pet Mess Solution Kit, The Power of the Van In Your Hand, Living Brings It In. We Take It Out., A Clean You Can Trust., Tough on Dirt. Gentle On Carpet., Expert Care for Your Air., stanleysteemer.com, and the color Stanley Steemer Yellow and all related names, logos, product and service names, designs and slogans. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services ") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post ") content or materials (collectively, "User-Generated Contributions” or “UGC”) on or through the Website.
All UGC must comply with the Content Standards set out in these Terms and Conditions.
Any UGC you post to the site will be considered non-confidential and non-proprietary. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using the Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
You represent and warrant that:
You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any UGC posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND EACH OF ITS AFFILIATES, FRANCHISEES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all UGC and use of Interactive Services. UGC must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, UGC must not:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by independently owned and operated Stanley Steemer® franchise owners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any content on the Website infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
Designated Agent: Stanley Steemer International, Inc. Attn: DMCA Administrator
Address: 5800 Innovation Drive Dublin, Ohio 43016
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. For example, we maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube and Instagram to provide a place for people to learn more about us and our products and to share experiences with our products. You may also be able to click on certain links contained in advertisements on the Website, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
The Website may provide links or other information related to employment opportunities posted by Stanley Steemer International, Inc. or Stanley Steemer Franchisees. All Stanley Steemer Franchisees are independently owned and operated business entities. Employment Opportunities listed by Stanley Steemer Franchisees are for those Stanley Steemer Franchisees alone and not with Stanley Steemer International, Inc. This means that the Stanley Steemer Franchisee that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. In these circumstances, Stanley Steemer International, Inc. does not receive copies of any application you submit to a Stanley Steemer Franchisee; does not control whether you receive an interview or are hired by the Stanley Steemer Franchisee; and does not control any of the Stanley Steemer Franchisee’s employment policies and practices. Stanley Steemer International Inc. does not employ independent Stanley Steemer Franchisees. If you are hired by Stanley Steemer Franchisee, only that franchisee, and not Stanley Steemer International, Inc. will be your employer. Please note that nothing in these Terms and Conditions should be construed as part of an employment agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, FRANCHISEES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS ORDERED, OBTAINED, OR RECEIVED THROUGH THE WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, franchisees, licensees and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or our National Customer Contact Center, including, but not limited to, your UGC, any use of the Website's content or the products and services ordered, obtained or received through the Website or our National Customer Contact Center other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten (10) years’ experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within forty-five (45) days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the “Decision”) shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that You and Stanley Steemer International, Inc. agree that the Decision may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at https://www.adr.org or by calling (800)778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable in civil cases in the relevant jurisdiction and shall issue a reasoned award. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties, and may be entered in any court of competent jurisdiction. At either party’s election, such decision and supporting opinion may be appealed to another arbitrator (“appellate arbitrator”), who shall be chosen in the same manner as described above. The appellate arbitrator shall apply to the underlying decision and opinion the same standard for review of civil cases as an appellate court in the relevant jurisdiction and issue a decision in writing with a supporting opinion based on such review and applicable law. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties and may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER: WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN STANLEY STEEMER INTERNATIONAL, INC. AND ANY OTHER PERSON. YOU AND STANLEY STEEMER INTERNATIONAL, INC. BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in Franklin County, Ohio. In such circumstances, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions are in effect until terminated by you or us. We may terminate these Terms and Conditions by notifying you using any contact information we have about you or by posting such termination on the Website, including in your account. You may terminate these Terms and Conditions by providing written notice of termination, including your detailed contact information and any account information or other Website credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms and Conditions concerning protection of intellectual property rights, authorized use, UGC, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all content obtained from the Website and all copies thereof; (ii) you will immediately cease all use of and access to the Website; (iii) we may delete or disable access to any of your UGC at any time; (iv) and we may delete your account at any time. You agree that if your use of the Website is terminated pursuant to these Terms and Conditions, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Website after termination will be a violation of this Section, which survives any termination.
Even after the termination of these Terms and Conditions or of your account or access to the Website, any UGC you have posted or submitted may remain on the Website indefinitely.
We may assign these Terms and Conditions at any time with or without notice to you. You may not assign or sublicense any of your rights or obligations under these Terms and Conditions without our prior written consent.
These Terms and Conditions apply exclusively to your access to, and use of, the Websites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Website and to the purchase of certain merchandise or services and are included as part of these Terms and Conditions whether they reference these Terms and Conditions or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
Any coupons, rebates or other promotions made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States and its territories or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Indemnity; and (d) Dispute Resolution, Class Action Waiver and Binding Arbitration and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This website is operated by:
STANLEY STEEMER INTERNATIONAL, INC.
5800 Innovation Drive
Dublin, Ohio 43016.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting www.stanleysteemer.com..