FLOOD SOLUTIONS TERMS OF SERVICE, SALE & USE
Overview
Flood Solutions is owned and operated by Garrison (Flood Control) Systems, LLC (“Garrison”) as a division of Garrison Flood Control. Flood Solutions is not a separate legal entity. This website is operated by Garrison through its Flood Solutions division.
Throughout this website and these Terms, “Flood Solutions,” “we,” “us,” and “our” refer to Garrison acting through its Flood Solutions division. Garrison is the company providing the products and services and entering into transactions governed by these Terms.
We offer this website, including all information, tools, services, and products available through it, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us online or offline, you engage with our services (“Services”) or products (“Products”) and agree to be bound by these Terms of Service, Sale & Use (“Terms”), including additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of our website and Products, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website or purchasing a Product. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all terms and conditions of this agreement, you may not access the website or use our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store or offered through Flood Solutions shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Squarespace, which provides the online e-commerce platform that allows us to sell our Products and Services to you.
Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and, if applicable, that you have given your consent to allow your minor dependents to use this website.
You may not use our Products for any illegal or unauthorized purpose or, in using our Services, violate any laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms will result in immediate termination of your Services, and Garrison shall have no obligation to ship any ordered Product to you.
Section 2 — General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may 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 website or Services, use of the Services, access to the Services, or website content without our express written permission.
Headings are included for convenience only and do not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this website is inaccurate, incomplete, or outdated. Website material is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on website material is at your own risk.
This website may contain historical information, which is not necessarily current and is provided for reference only. We reserve the right to modify website content at any time but have no obligation to update information on the website. You agree that it is your responsibility to monitor changes.
Some images may be computer-generated representations of a scenario rather than photographs of actual installations. We may use artificial intelligence and other image tools to create renderings and marketing materials representing our Products and their functionality. Additional terms concerning these images appear in Section 13.
Section 4 — Modifications to Services and Prices
Prices for our Products are subject to change without notice.
We reserve the right to modify or discontinue any Service, or any part or content thereof, at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Service or Product.
Section 5 — Products or Services
Certain Products or Services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy: [INSERT REFUND POLICY LINK].
We have made every effort to display Product colors and images accurately. We cannot guarantee that your monitor will accurately display any color.
We reserve the right, but are not obligated, to limit sales of our Products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit quantities offered. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other materials purchased or obtained by you will meet your expectations or that errors in a Product or Service will be corrected.
You acknowledge that flood protection Products must be installed correctly and in a suitable environment to prevent flooding. No flood protection system is watertight, and some minor leakage can be expected during normal use.
Product performance can be negatively affected by conditions such as floodwater levels rising above the height of a barrier. We are not responsible for damage resulting from “overtopping,” which occurs when floodwaters rise above the barrier.
You are responsible for installing Products correctly and following all instructions. Flood barriers should never be installed while you are inside a protected structure. Failure to follow installation and deployment instructions may affect barrier performance and result in damage or injury. We are not responsible for damage or injury resulting from improper deployment of our Products.
Section 6 — Special, Consequential, or Incidental Damages
In no case shall Garrison, including its Flood Solutions division, be liable for special, incidental, or consequential damages (“Damages”) based on breach of contract, negligence, strict tort liability, or any other legal theory.
Such Damages include, but are not limited to, loss of profits; loss of savings or revenue; loss of use of a Product or associated equipment; cost of capital; cost of substitute equipment, facilities, or services; downtime; claims of third parties, including customers; and injury to property.
This limitation does not apply to damages caused by breach of the warranty of title or to claims for personal injury.
Some states do not allow limitations on warranties or remedies for breach in certain transactions. In such states, the limitations in this section may not apply.
Section 7 — Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, using the same credit card, or using the same billing or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
Section 8 — Refund Policy
By purchasing a Product or Service from us, you agree to our Refund Policy, including applicable restocking fees and other limitations.
For details, please review our REFUND POLICY.
Section 9 — Third-Party Links
Certain content, Products, and Services available through our Services may include third-party materials.
Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy. We do not warrant, and assume no liability or responsibility for, third-party materials or websites or any other third-party materials, products, or services.
We are not liable for harm or damages related to the purchase or use of products, services, resources, or content, or other transactions made in connection with third-party websites.
Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.
Section 10 — User Comments, Feedback, and Other Submissions
If you send specific submissions at our request, such as contest entries, or voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use those Comments in any medium.
We are under no obligation to maintain Comments in confidence, pay compensation for Comments, or respond to Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms.
You agree that your Comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Comments must not contain libelous, unlawful, abusive, or obscene material, computer viruses, or other malware that could affect the operation of our Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Comments. You are solely responsible for your Comments and their accuracy. We take no responsibility and assume no liability for Comments posted by you or any third party.
Section 11 — Personal Information
Your submission of personal information through our store or website is governed by the Flood Solutions PRIVACY POLICY.
Section 12 — Errors, Inaccuracies, and Omissions
Information on our website or in our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to Product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions; change or update information; or cancel orders if information in our Services or on any related website is inaccurate, at any time and without prior notice, including after an order has been submitted.
We undertake no obligation to update, amend, or clarify information in our Services or on related websites, including pricing information, except as required by law. No specified update or refresh date should be understood to mean that all information has been modified or updated.
Section 13 — Generated and Illustrative Images
Certain images, renderings, or visual representations displayed on this website may be generated or enhanced using artificial intelligence or other digital visualization tools.
These images are intended solely for illustrative and marketing purposes and may not precisely reflect the actual appearance, dimensions, specifications, or performance of final Products. Although we strive to ensure that representations are as accurate as reasonably possible, we do not guarantee that these images are exact depictions.
Users should rely on official Product specifications, drawings, and written descriptions when making purchasing decisions.
By using this website, you acknowledge and accept that visual content may differ from delivered Products and does not constitute a binding representation, warranty, or guarantee of any kind.
Section 14 — Prohibited Uses
In addition to other prohibitions in these Terms, you are prohibited from using the website or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in unlawful acts;
(c) To violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances;
(d) To infringe upon or violate our intellectual property rights or those of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of our Services, related websites, other websites, or the internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent security features of our Services, related websites, other websites, or the internet.
We reserve the right to terminate your use of our Services or any related website for violating these prohibitions.
Section 15 — Disclaimer of Warranties; Limitation of Liability
By purchasing a Product or Service from Garrison through its Flood Solutions division, you agree to the disclaimers of warranties and limitations of liability in the Flood Solutions LIMITED WARRANTY, provided by Garrison.
Section 16 — Local Requirements, Professional Review, and Permits
Building codes and requirements vary by location. You are responsible for confirming all applicable requirements for use of our Products with the relevant authorities and consulting a professional engineer (PE) and/or architect to confirm the suitability of your building, residence, or structure for our Products or Services.
Garrison shall not be responsible for a purchaser’s failure to meet local codes, ordinances, or requirements related to the use of purchased Products.
The purchaser is responsible for obtaining any necessary permits or approvals.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless Garrison, including its Flood Solutions division, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any third-party claim or demand, including reasonable attorneys’ fees, due to the use of Products purchased from us, arising out of your breach of these Terms or the documents incorporated by reference, or arising out of your violation of any law or third-party rights.
Section 18 — Collection of Debts; Attorneys’ Fees; Costs of Enforcement
If the purchaser fails to fully pay for purchased and delivered Products or Services, or charges back a payment for a purchased Product or Service, the debt may be referred to a collection agency or attorney.
The purchaser agrees to pay all associated collection costs, including court costs, agency fees, and reasonable attorneys’ fees, to the extent allowed by law. Costs associated with a credit card chargeback shall also be the purchaser’s responsibility.
In the event of any dispute, claim, demand, lawsuit, arbitration, or other proceeding arising out of or relating to these Terms, the Products, any quotation, proposal, purchase order, invoice, project, or the parties’ relationship, the substantially prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, paralegal fees, expert witness fees, consultants’ fees, court costs, arbitration costs, litigation expenses, and costs of investigation and enforcement incurred before suit, at trial, on appeal, in bankruptcy proceedings, and in connection with post-judgment collection or enforcement efforts.
This provision shall survive completion of the project, delivery of Products, termination of the parties’ relationship, and/or expiration of these Terms.
Section 19 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and that determination shall not affect the validity or enforceability of the remaining provisions.
Section 20 — Termination
The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement for all purposes.
These Terms remain effective unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or Products, or when you cease using our website or Products.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date. We may also deny access to our Services or shipment of Products, in whole or in part.
Section 21 — Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on our website or concerning our Services, constitute the entire agreement and understanding between you and Garrison regarding your use of our Services and purchase of Products. They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.
Any ambiguities in interpreting these Terms shall not be construed against the drafting party.
Section 22 — Governing Law
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of the United States.
Section 23 — Changes to These Terms
You can review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the website periodically.
Your continued use of or access to our website or Services following the posting of changes constitutes acceptance of those changes.
Section 24 — Contact Information
Questions about these Terms should be directed to:
Flood Solutions
A division of Garrison Flood Control
Owned and operated by Garrison (Flood Control) Systems, LLC
Email: sales@garrisonflood.com