Last updated: March 01, 2023
Welcome to the profloshop.com website (the “Site”). These Terms of Use (“Terms”) govern your access to and use of this Site and any content, functionality, products or services offered on or through this Site, whether as a guest or a registered user.
Please read these Terms carefully before using this Site. By accessing or using this Site, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use this Site.
1. About the Site
Proflo® Toilet Seat, Faucets, Sinks, Hvac, Sump Pump, Toilet Bowl, Tubs owns and operates this Site to provide information about our products and services.
The Site allows users to:
- Learn about our products like toilet seats, faucets, sinks, HVAC equipment, sump pumps, toilet bowls, tubs and more
- Read product specifications, features and descriptions
- View product images and videos
- Find local store availability and pricing
- Purchase select products online
- Access special offers and promotions
- Contact us with any questions
2. Accepting the Terms
By accessing and using this Site, you agree to be bound by and comply with these Terms and any additional terms, rules and disclaimers posted on the Site or otherwise communicated to you. Do not use this Site if you do not agree to the Terms.
Proflo® reserves the right to modify or update these Terms from time to time with or without notice to you. You should periodically check this page for changes. Continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes.
3. Accessing the Site
Proflo® grants you a limited, revocable, non-exclusive license to access and use this Site solely for your own personal use.
You agree not to access or use this Site for any commercial purposes without our express written authorization. You agree not to access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit this Site or any of its content for any commercial purpose.
To access certain features or services offered on or through this Site, you may be required to create an account and provide certain information about yourself, such as your name, email address, phone number, billing information, product preferences, and more. You agree that any information you provide will be accurate and up-to-date at all times.
4. Intellectual Property Rights
The content on this Site, including without limitation all trademarks, service marks, trade names, logos, text, images, graphics, icons and software, is the property of Proflo® and protected by copyright, trademark and other laws. Do not remove, obscure or alter any legal notices displayed on or with any content.
You may not use any Proflo® trademarks or service marks in connection with any product or service not provided by Proflo®, in any manner likely to confuse customers, or in any manner that disparages or discredits Proflo®.
5. User Content
If you submit, upload, post, email or otherwise transmit any content to us, such as product reviews, photos, videos, questions or comments (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to host, store, use, copy, display, reproduce, adapt, edit, publish, distribute, promote, transmit and make derivative works of that User Content in connection with operating and providing this Site and our products and services.
You are solely responsible and liable for any User Content you submit, including ensuring that you have all necessary rights to grant us this license. We have no responsibility or liability for the deletion, correction, destruction, damage or loss of any User Content.
6. Prohibited Content
You agree not to submit, upload, post, email or otherwise transmit any User Content that:
- Infringes any third party’s copyrights, trademarks, patents, trade secrets or other proprietary rights;
- Is false, misleading, illegal, defamatory, libelous, abusive, threatening, harassing, hateful, offensive or harmful;
- Contains viruses, Trojan horses, worms, malware or other harmful components;
- Impersonates another person or entity;
- Constitutes unauthorized commercial communications or soliciations;
- Contains personal information about another person without their consent; or
- Otherwise violates any applicable laws, regulations or code of conduct.
Proflo® has no obligation to monitor User Content submitted to this Site. However, we reserve the right to review, edit, block or delete any User Content in our sole discretion and without notice to you.
7. Product Information
Proflo® strives to display product images, descriptions and pricing as accurately as possible on this Site. However, we do not warrant that such information is error-free. Prices and product availability are subject to change without notice.
The colors you see on your monitor may vary based on your device and settings. We cannot guarantee an exact color match for any product shown on this Site.
8. Online Purchases
This Site allows you to purchase select Proflo® products online. By placing an order through this Site, you agree to the following terms:
- Product descriptions: We make every effort to accurately display products, product specifications, and other information on the Site. However, we do not warrant that such information is error-free. The actual product you receive may differ from what is displayed on the Site.
- Product availability: We cannot guarantee availability of any product. We reserve the right to discontinue products or modify product information at any time without notice.
- Pricing: Prices on this Site may differ from prices available at physical store locations. Prices are subject to change without notice. Posted prices do not include taxes or other fees that may apply to your order.
- Order acceptance: Receipt of an order confirmation does not signify our acceptance of your order. Proflo® reserves the right to accept or reject any order for any reason.
- Payment: You agree to pay all charges related to purchases made through this Site using your designated payment method. Proflo® may cancel any order if there is an issue processing your payment.
- Order shipment: We will ship your order to the address you provide during checkout. You are responsible for providing a complete and accurate shipping address.
- Returns: All returns and exchanges are subject to our Returns & Exchanges Policy.
Proflo® reserves all rights not expressly granted in these Terms and may modify or withdraw the ability to purchase products online at any time. Additional terms and conditions may apply to particular products or promotions.
9. Disclaimers
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
Proflo® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Proflo® MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
10. Limitation on Liability
Proflo® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS SITE OR ANY SERVICES OR CONTENT PROVIDED ON OR THROUGH THIS SITE.
IN NO EVENT SHALL Proflo®’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED THE AMOUNT PAID BY YOU TO Proflo® FOR PRODUCTS OR SERVICES ON THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend and hold harmless Proflo®, its affiliates, officers, directors, agents, contractors, licensors, service providers and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of this Site.
12. Modifications to the Site
Proflo® reserves the right to modify, suspend or discontinue this Site at any time with or without notice to you. Proflo® will not be liable for any such modifications, suspension or discontinuance of the Site or any part thereof.
13. Governing Law
These Terms and your use of this Site will be governed by the laws of the State of Virginia, without regard to conflict of laws principles. Any legal action related to these Terms or your use of the Site must be brought in a state or federal court located in Virginia.
14. Arbitration Agreement
At Proflo®’s or your election, any dispute relating in any way to your use of the Site or these Terms may be resolved by confidential binding arbitration, rather than in court. Arbitration procedures mandated by this agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration will be joined to an action involving any other party subject to these Terms whether through class proceedings or otherwise.
15. Termination
Proflo® reserves the right, with or without notice, to restrict, suspend or terminate these Terms and your access to this Site at any time for any reason and without liability to you. All provisions which should reasonably survive termination of these Terms shall survive, including disclaimers, indemnities and limitations of liability.
16. Entire Agreement
These Terms constitute the entire agreement between you and Proflo® related to your access and use of this Site. These Terms supersede any prior agreements or understandings, whether written or oral, related to your access and use of this Site.
17. Severability
If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions will remain in effect. Any invalid, illegal or unenforceable portion will be interpreted to effect the intent of the original provision.
18. Questions
If you have any questions or concerns regarding these Terms or this Site, please contact us at:
Email: [email protected]
Phone: (888) 222-1785
Thank you for visiting our Site!