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PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and Plumbing Nerds MFG LLC (hereinafter “Sediment Buster“), This website is operated by Plumbing Nerds MFG LLC, DBA Sediment Buster. Throughout the site, the terms “we”, “us” and “our” refer to Sediment Buster. Sediment Buster offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
OVERVIEW
The Site (www.sedimentbuster.com) is operated by Sediment Buster. Throughout the Site, the terms “we“, “us” and “our” refer to Sediment Buster. Sediment Buster offers this Site, including all information, products and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: Restrict, suspend or terminate your access to all or any part of our site; Change, suspend or discontinue all or any part of our products or site; Refuse, move, or remove any content that is available on all or any part of our site; deactivate or delete your accounts; Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sediment Buster content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Sediment Buster and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sediment Buster or our licensors except as expressly authorized by these Terms.
SECTION 2 – CONDUCT, ACCURACY, COMPLETENESS, PRICING
As a user or visitor of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Sediment Buster Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Sediment Buster.
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Prices of products are subject to change without notice. We reserve the right to discontinue our products or Services at any time without notice. We shall not be held liable to any you or any user of the site or any third-party for any price change, product modification or discontinuance of the Service or Product. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 – PRODUCTS, SERVICES
Products or services may be available on other sites or exclusively online through this website. Products available may be limited in quantity. Items may only be returned or exchanged according to Sediment Buster’s return policy or the return policy of the site purchased if applicable.
We are not responsible if information made available on this site is not accurate, complete or current. Items displayed on the site are images of the product, but it is the users sole responsibility to check dimensions and determine the appropriate application of said product. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or company. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
In consideration of the global nature of the internet, and your usage of our network services, you hereby consent to abide by all local regulations concerning online conduct and acceptable content. It is important to note that the uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States, as well as potentially other countries. Therefore, by utilizing our network services, you expressly agree to comply with all relevant export and import laws, statutes, and regulations, including but not limited to the Export Administration Regulations (available at http://www.access.gpo.gov/bis/ear/ear_data.html) and the sanctions control program of the United States (available at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you affirm and pledge that:
a) You are not listed as a prohibited individual on any government export exclusion report (accessible at http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm), nor are you a citizen or resident of any government that is part of an export-prohibited country, as defined in applicable export and import laws and regulations.
b) You will refrain from transferring any software, technology, or technical data through our network services to any export-prohibited country.
c) You will refrain from using our website network services for any purposes related to military, nuclear, missile, chemical, or biological weaponry that would violate U.S. export laws.
d) You will refrain from posting, transferring, or uploading any software, technology, or technical data that would violate U.S. export laws or any other relevant export and/or import laws.
SECTION 5 – BILLING/ACCOUNT ACCURACY
Sediment Buster retains the exclusive right to reject any order placed on its platform. In the event that an attempt is made to modify or terminate an order, Sedimentbuster.com may endeavor to notify the customer by utilizing the provided email address, billing address, and/or phone number associated with the order. However, Sediment Buster reserves the authority to cancel the order and issue a refund without prior notification. Additionally, Sediment Buster reserves the prerogative to restrict or disallow orders that, in its sole discretion, appear to originate from unauthorized resellers or distributors.
Obligation to Provide Accurate Information: By using our website or purchasing our product(s), you agree to furnish current, comprehensive, and precise purchase and account details for all transactions. Any omissions or errors in such information are the sole responsibility of the buyer. Furthermore, any item dispatched to an address specified by the user remains the exclusive responsibility of the purchaser.
We offer a standard return policy which can be referenced in our Q&A section.
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold Sediment Buster DBA Sediment Buster, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Sediment Buster Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Sediment Buster’s sites.
SECTION 8 – THIRD-PARTY LINKS
The content, products, and services accessible on our website may contain materials sourced from third-party websites. The presence of third-party links on this site may lead you to websites that are not affiliated with us. We hereby declare that we are not responsible for the examination or evaluation of the content or accuracy of such third-party materials or websites. Furthermore, we do not provide any warranty or accept any liability or responsibility for the aforementioned third-party materials, websites, or any other materials, products, or services offered by third-party websites.
We explicitly state that we shall not be held liable for any damages or harm arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Before engaging in any transaction, we strongly recommend that you carefully review and comprehend the policies and practices of the third-party involved. Any complaints, claims, concerns, or questions relating to third-party products should be directed to the respective third-party.
SECTION 9 – PROPRIETARY RIGHTS
You acknowledge and agree that the Services provided by Sediment Buster, including any essential software utilized in connection with the Services (“Software”), contain proprietary and confidential material protected by applicable intellectual property rights and other laws. You further acknowledge and agree that any Content, including advertisements or information presented through the Services or by advertisers, is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, unless expressly permitted by applicable law or authorized by Sediment Buster or the relevant licensor, you agree not to modify, alter, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create any derivative works based on Sediment Buster Services (e.g., Content or Software), in whole or in part.
Sediment Buster grants you a personal, non-transferable, and non-exclusive right and/or license to use the object code of our Software on a single computer. However, you shall not duplicate, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to locate or decipher any source code of the Software. You shall not sell, assign, sublicense, grant a security interest in, or transfer any rights in the Software to any third party. Additionally, you agree not to alter or change the Software in any manner, and you shall not use modified versions of the Software, including but not limited to unauthorized access to the Services. Finally, you agree not to access or attempt to access the Services through any means other than the interface provided by Sediment Buster.
SECTION 10 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SEDIMENT BUSTERSERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.
SEDIMENT BUSTER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SEDIMENT BUSTERAND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SEDIMENT BUSTERSERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SEDIMENT BUSTER SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE SEDIMENT BUSTER SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SEDIMENT BUSTERSERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SEDIMENT BUSTER OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 11 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SEDIMENT BUSTERAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
SECTION 12 – RELEASE
In the event you have a dispute, you agree to release Sediment Buster(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 13 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Sediment Buster trademarks, copyright, trade name, service marks, and other Sediment Buster logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Sediment Buster. You herein agree not to display and/or use in any manner the Sediment Buster logo or marks without obtaining Sediment Buster’s prior written consent.
Sediment Buster will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Sediment Buster may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others.
SECTION 14 – ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between you and Sediment Buster, governing the utilization of our Services. It supersedes any previous versions of this Agreement between you and us pertaining to Sediment Buster Services. Additionally, you may be subject to supplementary terms and conditions that are applicable when using or procuring specific Sediment Buster Services, affiliate Services, third-party content, or third-party software.
SECTION 15 – SEVERABILITY
If any provision within these Terms of Service is found to be illegal, invalid, or unenforceable, such provision shall still be enforceable to the maximum extent allowed by applicable law. The unenforceable part shall be considered as severed from these Terms of Service, and such determination shall not impact the validity and enforceability of the remaining provisions.
SECTION 16 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 17 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 18 – AGE RESTRICTIONS
If you are below the age of thirteen (13), you are prohibited from utilizing or interacting with the website. In the event that you are between the ages of thirteen (13) and eighteen (18) and wish to use or engage with the website, you must obtain explicit permission from your parent or legal guardian. By accessing or engaging with the website, you confirm and affirm that you are not below the age of thirteen (13), fall within the age range of thirteen (13) to eighteen (18), and have obtained the necessary consent from your parent or legal guardian to use or engage with the website. Alternatively, if you are of legal adult age in your jurisdiction, you may use or engage with the website. Furthermore, by using or engaging with the website, you acknowledge and agree that you are in compliance with the relevant laws of your jurisdiction that govern the use and/or engagement with the website.
SECTION 19 – VIOLATIONS
Please report any and all violations of this Agreement to Sediment Busteras follows:
Mailing Address:
Sediment Buster
1502 Rail Head Blvd
Naples, Florida 34110
Telephone: (239) 572-4271
Email: retail@plumbingnerds.com
SECTION 20 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 21 – FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Sediment Buster from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Sediment Buster’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 22 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 23 – PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Sediment Buster Online Privacy Policy (see the full Privacy Policy). As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Sediment Buster and/or our subsidiaries and affiliates.
Last Updated: 06/01/2023
