Your access to and use of the Red Mountain Services, Inc. dba Dry Force ("Dry Force") website (the "Site") is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, these terms and conditions and acknowledge that any other agreements between you and Dry Force are superseded and of no force or effect with respect to your access and use of the Site (the "Terms").
Use of Content
All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Dry Force, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Dry Force, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Dry Force reserves the right to prohibit any person from using the Site for any reason whatsoever.Dry Force, or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Dry Force, In’s sole discretion. Dry Force, Inc. neither warrants nor represents that your use of content on this site will not infringe rights of third parties not affiliated with Dry Force.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Dry Force reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Dry Force may be entitled at law or in equity.
The Site and its content will be transmitted over a medium that may be beyond the control and jurisdiction of Dry Force. Accordingly, Dry Force assumes no liability for or relating to the delay, failure, interruption, or corruption of any information transmitted in connection with your use of the Site.
The Site does not provide engineering or construction advice. Dry Force is and its affiliates hold all necessary applicable contractors’ licenses but this Site is not intended to render medical, engineering or professional services or advice, and the information provided on the Site is not intended to replace advice offered by architects, engineers and other licensed professionals.
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Dry Force, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. No trademark or service marks of Dry Force or any other party may be used as a hyperlink without prior written permission. Dry Force reserves all rights not expressly granted in and to the Site and its content.
Links to Third Party Websites
The Site may provide links to third-party websites or resources. Dry Force makes no representations whatsoever about any other website which you may access through the Site. Because the Dry Force have no control over such websites and resources, you acknowledge and agree that Dry Force is not responsible for the availability of such external sites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Dry Force makes no representation or warranty as to any third party content, products or services, and you agree that Dry Force shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, products or services available on or through any such website or resource.
Exclusion of Warranty
While Dry Force uses reasonable efforts to include accurate and up-to-date information in the Site, Dry Force makes no warranties or representations as to its accuracy. Dry Force assumes no liability or responsibility for any errors or omissions in the content of the Site. DRY FORCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE OR ANY OTHER WEBSITES OR RESOURCES LINKED TO OR FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DRY FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRY FORCE BEFORE OR AFTER THE EFFECTIVE DATE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
Limitation of Liability
Your use of and browsing in the Site are at your risk. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DRY FORCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF DRY FORCE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, DRY FORCE, INC.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS. YOUR REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED HEREIN.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within one (1) year from the date on which such claim or action arose or accrued.
If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms.
The failure of Dry Force to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Modification of Terms
Dry Force may, at any time, revise the terms and conditions of these Terms governing use of the Site. If any terms and conditions contained in these Terms are changed, the amended notice will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review these terms and conditions.
Last Updated: March 25, 2015