EFFECTIVE DATE: January 1, 2020
LAST UPDATED DATE: June 29, 2021
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.
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.
Changes to the Terms and Conditions
These Terms and Conditions apply to the purchase and sale of products and services through www.stanleysteemer.com (the “Website”)
and our National Customer Contact Center. These Terms and Conditions are subject to change by Stanley Steemer of South Florida (referred to as the “Company”, “us”, “we”, or “our” as the context may require) without prior written
notice at any time, in our sole discretion. Any changes to these Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Website. 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.
Franchises are Independently Owned and Operated
While Stanley Steemer of South Florida 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 deliver the products and services ordered, obtained
or received through the Website or the National Customer Contact Center. All Stanley Steemer Franchisees are independently owned and operated business entities. 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.
Order Acceptance and Cancellation
Accessing the Website and Account Security
Intellectual Property Rights
Trademarks
The following trademarks used herein are the property of Stanley Steemer of South Florida: 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.
Prohibited Uses
User-Generated Contributions
Monitoring and Enforcement; Termination
Content Standards
Reliance on Information Posted
Changes to the Website
Information About You and Your Visits to the Website
Links from the Website
Employment Opportunities
The Website may provide links or other information related to employment opportunities posted by Stanley Steemer of South Florida 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 soley
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.
Geographic Restrictions
Disclaimer of Warranties
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.
Limitation on Liability
Indemnification
Governing Law and Jurisdiction
Dispute Resolution and Binding Arbitration
DUE TO THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) PROVIDED BY PRIVATE BINDING ARBITRATION, BOTH YOU AND STANLEY STEEMER OF SOUTH FLORIDA AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE NATIONAL CUSTOMER CONTACT CENTER, ANY PRODUCTS OR SERVICES SOLD, OBTAINED, OR RECEIVED FROM STANLEY STEEMER OF SOUTH FLORIDA THROUGH THE WEBSITES OR THE NATIONAL CUSTOMER CONTACT CENTER, THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR THE SCOPE OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW.
Any arbitration pursuant to the Terms and Conditions or the Privacy Policy shall be initiated with and conducted by the American Arbitration Association (AAA) in accordance with the AAA’s Consumer Arbitration Rules and Supplementary Procedures
for Consumer-Related Disputes, both of which may be obtained at http://www.adr.org or by calling (800)778‐7879. Payment of all filing, administration and arbitrator
fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Franklin County, Ohio. Nothing herein shall prevent Stanley Steemer of South Florida or you from obtaining from a temporary restraining order or preliminary injunctive relief to preserve the status quo or to prevent any irreparable harm pending the arbitration of the underlying claim, dispute, and/or controversy.
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 of South Florida agree that the Decision may be appealed pursuant to the AAA’s Optional
Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at http://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.
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 OF SOUTH FLORIDA AND ANY OTHER PERSON. YOU AND STANLEY STEEMER OF SOUTH FLORIDA 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.
Limitation on Time to File Claims
Waiver and Severability
Cookie Acceptance
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between
you and Stanley Steemer of South Florida with respect to the Website and our National Customer Contact Center and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written
and oral, with respect to both the Website and our National Customer Contact Center.
Your Comments and Concerns
STEEMER OF SOUTH FLORIDA
2085 South Congress
Avenue Delray Beach FL 33445
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].