Terms & Conditions
By visiting and interacting with dri-tex.com, you are consenting to all of our terms & conditions.
Overview
The terms "we," "us," and "our" refer to Dri-Tex Restoration. The term the "Site" refers to dri-tex.com. The terms "user," "you," and "your" refer to site visitors, customers, and any other users of the site.
The term "service" refers to any build projects, tutorials, advice, downloads, digital products, or any other services.
Use of dri-tex.com, including all materials presented herein and all online services provided by Dri-Tex Restoration, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of This Site and Service
To access or use the Site, you must be 13 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 13 are prohibited from using the Site. Information provided on the Site and in the Service related to web design, web development, and other information are subject to change. Dri-Tex Restoration makes no representation or warranty that the information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current, or error-free. Dri-Tex Restoration disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to Dri-Tex Restoration will be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Lawful Use
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity without the obligation to assign a reason for doing so. No project is deemed accepted by us until your payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Product Description
We strive to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Materials You Submit to The Site
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively "Materials") protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Dri-Tex Restoration. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. The content you submit to Dri-Tex Restoration remains yours to the extent that you have any legal claims therein. You agree to hold Dri-Tex Restoration harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Dri-Tex Restoration, including photos, blueprints, trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service without a refund if you are caught violating this intellectual property policy.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Dri-Tex Restoration IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Dri-Tex Restoration HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Dri-Tex Restoration's CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Dri-Tex Restoration, AND IF NO PURCHASE HAS BEEN MADE BY YOU Dri-Tex Restoration's CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third-Party Services
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Dri-Tex Restoration. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney's fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Dri-Tex Restoration pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Dri-Tex Restoration shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Dri-Tex Restoration.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Montgomery County, Texas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us using the information below: For assistance, text "HELP" or visit our Privacy Policy https://dri-tex.com/privacy-policy and Terms & Conditions https://www.dri-tex.com/terms-and-conditions. You can also email our customer support at: [email protected].
For additional ways to contact us, please visit our website https://dri-tex.com/contact where you can find more options to get in touch.
Message Frequency
The number of DRI-TEX RESTORATION text messages that you receive will vary depending on which DRI-TEX RESTORATION text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs. Typically, users can expect an estimated daily volume of 1-200 messages, depending on the nature of the communications.
Cost
Message and data rates may apply to each text message sent or received in connection with DRI-TEX RESTORATION text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. DRI-TEX RESTORATION does not impose a separate fee for sending DRI-TEX RESTORATION text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
Donations
DRI-TEX RESTORATION does not currently solicit or receive any type of donations via SMS. If we decide to initiate a donation campaign in the future, it will be clearly stated and require explicit user consent.
How to Opt-In
To opt-in to receive text messages from a DRI-TEX RESTORATION text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message.
How to Opt-Out
To stop receiving text messages from a specific DRI-TEX RESTORATION text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from DRI-TEX RESTORATION confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re- activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other DRI-TEX RESTORATION text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying DRI-TEX RESTORATION immediately if you change your mobile telephone number. You may notify PERIGEE of a number change by contacting DRI-TEX RESTORATION Support [email protected]. You agree to indemnify DRI-TEX RESTORATION in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify DRI-TEX RESTORATION if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of DRI-TEX RESTORATION’s control, and DRI-TEX RESTORATION is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Privacy Policy
Your privacy is important to us. Please see https://www.dri-tex.com/privacy-policy policy to review our privacy statement.
Updated: December 10, 2024