Prolux Terms of Service

Thank you for visiting the Prolux website. The Prolux website and its associated services, collectively referred to as the “Website,” are provided by Rocky Mountain Vacuum Brokers, LLC, a Utah Limited Liability Company (“Prolux”).

Throughout the Website, the terms “we,” “us,” and “our” refer to Prolux.

Prolux provides this Website, including all information, tools, and services available through the Website, subject to your acceptance of these Terms of Service, conditions, policies, and notices.

Acceptance of These Terms

By visiting the Website, creating a User Account, or purchasing products from Prolux, you engage in our “Services” and agree to be bound by these Terms of Service.

These Terms apply to all Website users, including:

• Browsers
• Vendors
• Customers
• Merchants
• Contributors of content

Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of the Website, you agree to these Terms.

If you do not agree to all of these Terms and Conditions, you may not:

• Access the Website.
• Purchase products through the Website.
• Use the Services.

Changes to These Terms

New products, services, features, and tools added to the Website are also subject to these Terms.

Prolux may:

• Update these Terms.
• Change these Terms.
• Replace all or part of these Terms.

The most current version of the Terms will be posted on this page.

If your email address is on file with Prolux, Prolux will provide notice of updates or changes by email.

If your email address is not on file, or if you have opted out of email communications, you are responsible for checking this page periodically for changes.

Your continued use of the Website after changes are posted constitutes acceptance of those changes.

Privacy Notice

Prolux incorporates its Privacy Notice into these Terms.

You should review the Privacy Notice to understand:

• What personal information Prolux may collect.
• What personally identifiable information Prolux may collect.
• How Prolux may use that information.

Important Arbitration Notice

NOTICE OF ARBITRATION

THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER.

Except for certain claims, including intellectual property infringement claims and claims that may be brought in small claims court, disputes between you and Prolux may be resolved through binding, individual arbitration.

Unless you properly opt out as described in these Terms, you agree to waive your right to participate in:

• Class actions.
• Consolidated actions.
• Representative actions.
• Collective actions.
• Private attorney general actions or arbitrations.

1. User Eligibility

The Website is available to individuals who are 18 years of age or older.

By using the Website or Services, you represent that:

• You are at least 18 years old.
• You have the legal capacity to enter into this Agreement.
• You are not prohibited from entering into this Agreement by another agreement.

If you use the Website on behalf of a business or another third party, you represent that you have the authority to act on behalf of that entity or third party and agree to these Terms on its behalf.

2. Intellectual Property Rights

The Website, its trademarks, and its content are owned and used by Prolux.

Prolux trademarks include:

• Prolux™
• Prolux registered trademarks

Use of the Website, its trademarks, or its content without prior written approval from Prolux is prohibited.

The selection, arrangement, and layout of the Website are the sole and exclusive property of Prolux.

Unauthorized use includes:

• Copying
• Public display
• Public performance
• Distribution
• Derivation

Such unauthorized use, whether in whole or in part, is prohibited.

3. User-Generated Content

Prolux may allow users to upload, contribute, or transmit content through the Website.

Examples include:

• Product reviews.
• Contest entries.
• Promotional submissions.
• Creative ideas.
• Suggestions.
• Proposals.
• Plans.
• Other submitted materials.

These materials are collectively referred to as “User-Generated Content.”

You represent that your User-Generated Content will not:

• Violate any applicable law.
• Violate these Terms.
• Violate the rights of third parties.
• Violate intellectual property rights.
• Violate personal or proprietary rights.

License to User-Generated Content

By submitting User-Generated Content to Prolux, you grant Prolux a:

• Non-exclusive license.
• Irrevocable license.
• Royalty-free license.
• Worldwide license.
• Perpetual license.

This license allows Prolux to use the content for the customary and intended purposes of the Services.

When submitting User Feedback, you represent that the information is:

• Accurate.
• Truthful.
• Non-deceptive.
• Complete.

Prolux may edit, copy, publish, distribute, translate, and otherwise use User Comments in any medium.

Prolux is not obligated to:

1. Keep User Comments confidential.
2. Pay compensation for User Comments.
3. Respond to User Comments.

Prolux assumes no responsibility for User-Generated Content or the conduct of users who submit such content.

4. Acceptable Use Policy

You agree to use the Website only for its intended purposes and in accordance with these Terms and applicable laws.

You are responsible for breaches of these Terms and any losses suffered by Prolux as a result, including:

• Monetary damages.
• Costs.
• Attorneys’ fees.

You may not use the Website to violate applicable laws or the rights of third parties.

You are specifically prohibited from:

• Attempting to access the Website other than through a standard web browser unless permitted by Prolux through a separate written agreement.
• Accessing or attempting to access the Website through automated means, except for search engines that comply with Prolux’s robots.txt file.
• Circumventing technological protection measures.
• Collecting personal or personally identifiable information from Website users or third parties.
• Disrupting or interfering with the Website, servers, or networks.
• Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content.
• Diverting or attempting to divert customers to another website or service.
• Sending unsolicited or unauthorized communications.
• Transmitting false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable content.
• Reverse engineering, de-compiling, translating, or disassembling the Website or its content.
• Encouraging or assisting another party to violate these Terms.

Prolux reserves the right to modify, amend, or terminate the Website or its content at any time without prior notice.

Prolux also reserves the right to refuse service or access to any person or business entity at any time and without notice.

5. Pricing and Product Availability

Certain products and services may be available exclusively online through the Website.

Some products or services may have limited quantities.

Prolux makes reasonable efforts to display product colors and images accurately. However, Prolux cannot guarantee that your computer monitor will display colors accurately.

Product descriptions and pricing may change at any time without notice.

Prolux reserves the right to:

• Discontinue products.
• Change product information.
• Change product pricing.
• Change or withdraw offers where prohibited by law.

6. Ordering and Payment

Payment for orders placed through the Website must be made at the time of ordering.

Prices displayed on the Website are an invitation to deal. A contract is not formed until Prolux accepts the order by performance, specifically by shipping the ordered goods.

Pricing errors do not create a contract between you and Prolux.

All costs and fees are quoted and payable in United States Dollars.

Prolux is not responsible for:

• Foreign transaction fees.
• Fees charged by your financial institution.
• Fees charged by Prolux's payment processor.

You agree not to initiate a chargeback against Prolux unless authorized by Prolux in writing.

You are responsible for costs associated with unauthorized chargebacks.

7. Taxes

You agree to pay all taxes assessed by applicable governmental authorities in connection with:

• Your use of the Website.
• Your purchase of products through the Website.

Prolux will report payments received from you to the appropriate taxing authorities.

8. Shipping

Prolux provides free shipping to the contiguous 48 states and the District of Columbia for most products .

For:

• Other delivery locations.
• Products that do not qualify for free shipping.

Shipping rates will be calculated at checkout.

International customers are responsible for:

• Applicable taxes.
• Customs fees.
• Duties.

9. Refunds and Exchanges

Prolux accepts returns and offers refunds and exchanges on most qualifying products within 61 days of purchase.

If a product is defective:

• Prolux will reimburse return shipping costs.

If the return is elective and the product is not defective:

• The customer is responsible for return shipping costs.

Prolux strives to honor return and exchange requests within 61 days of purchase but reserves the right to reject claims on a case-by-case basis and at its discretion.

10. Accuracy of Billing and Account Information

Prolux reserves the right to refuse orders.

Prolux may limit or cancel quantities purchased per:

• Person.
• Household.
• Order.
• Customer account.
• Credit card.
• Billing address.
• Shipping address.

Prolux may notify customers when an order is changed or canceled using the contact information provided with the order.

Prolux may limit or prohibit orders that appear to have been placed by:

• Dealers.
• Resellers.
• Distributors.

You agree to provide current, complete, and accurate account and purchase information.

You must promptly update information such as:

• Email address.
• Credit card information.
• Credit card expiration dates.
• Other account information needed to complete transactions.

11. Third-Party Websites

The Website may contain links to third-party websites or content that Prolux does not own or control.

You should review the terms and conditions of third-party websites before using them.

Prolux is not responsible for websites that it does not own or control.

12. Errors and Omissions

Information on the Website, product packaging, or product manuals may occasionally contain:

• Typographical errors.
• Inaccuracies.
• Omissions.

These may relate to:

• Product descriptions.
• Pricing.
• Promotions.
• Offers.
• Shipping charges.
• Transit times.
• Product availability.

Prolux reserves the right to correct errors, inaccuracies, or omissions.

Prolux may also change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

13. Term and Termination

This Agreement begins when you first access the Website.

It continues until the earlier of:

1. Prolux terminates your access to the Website.
2. You stop using the Website.

Prolux reserves the right to terminate the Website or your access to the Website at its discretion and without prior notice.

14. Disclaimer of Warranties and Limitation of Liability

14.1 Website Disclaimer

The Website is provided on an “AS-IS” basis and without warranties of any kind, including warranties relating to:

• Title.
• Merchantability.
• Accuracy.
• Fitness for a particular purpose.
• Security.
• Non-infringement.

Where permitted by law, Prolux will not be responsible or liable for claims, damages, judgments, charges, or fees arising from or related to use of or access to the Website.

This includes certain:

• Compensatory damages.
• Consequential damages.
• Special damages.
• Incidental damages.
• Punitive damages.
• Exemplary damages.
• Costs.
• Attorneys’ fees.
• Damages arising from errors or omissions.
• Damages arising from Website unavailability or downtime.

Your use of the Website is at your own risk.

Prolux's liability is limited to the amount you paid to use the Website or $500, whichever is less.

14.2 Product Disclaimer

Prolux expressly disclaims responsibility for damage, injury, harm, cost, expense, or liability arising from the use or misuse of products purchased through the Website.

Except for applicable manufacturer warranties, products are provided on an “AS-IS” basis and without warranties of any kind, whether express, implied, or statutory.

Some jurisdictions do not allow exclusions of implied warranties. If you are located in such a jurisdiction, you are advised to seek legal advice regarding whether these exclusions apply.

14.3 Manufacturer Warranties

Prolux offers manufacturer warranties on many appliances.

Details regarding warranty coverage can be found:

• On the individual product webpage.
• In the owner's manual for qualifying products.

Prolux may, at its discretion, increase the length of a manufacturer's warranty if you register the warranty as described in the owner's manual.

Register Your Prolux Warranty

Prolux does not offer manufacturer warranties on accessories or parts.

14.4 Product Liability

Prolux will not be liable under any legal theory for damages, claims, injuries, judgments, costs, or liabilities arising from the use or misuse of products purchased through the Website.

This includes, but is not limited to:

• Personal injury.
• Property damage.
• Loss of business.
• Loss of income.
• Special damages.
• Incidental damages.
• Consequential damages.
• Punitive damages.
• Exemplary damages.

15. Indemnification

You agree to indemnify, defend, and hold harmless Prolux and its:

• Officers.
• Shareholders.
• Directors.
• Employees.
• Subsidiaries.
• Affiliates.
• Representatives.

This applies to losses, including costs and attorneys’ fees, arising from or related to:

1. Your use of the Website.
2. Your purchase of products through the Website.
3. Your use or misuse of products obtained through the Website.
4. Your violation of these Terms.
5. Your violation of third-party rights.
6. Your violation of applicable laws, regulations, statutes, ordinances, or treaties.

Your obligation to defend Prolux does not give you control over Prolux's defense.

Prolux reserves the right to control its defense, including the choice of counsel and whether to litigate or settle an indemnified claim.

16. Choice of Law and Jurisdiction

The Agreement and disputes related to it are governed by the laws of the State of Utah, without regard to its conflict-of-law rules.

The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

Except for certain claims, including small claims court matters, intellectual property infringement claims, and certain requests for injunctive relief, disputes will be resolved through final and binding arbitration.

Arbitration may take place:

• In Salt Lake County, Utah.
• By telephone.
• Online.
• Through written submissions.

The arbitration will be administered by the American Arbitration Association (AAA) under its applicable Commercial Arbitration Rules.

If the parties do not agree on an arbitrator within 20 calendar days after arbitration begins, AAA will appoint the arbitrator.

16.1 Arbitration Language and Decision

The arbitration will be conducted in English.

The arbitrator's decision will be final and binding.

The arbitrator may award fees and expenses, including reasonable attorneys’ fees, to the prevailing party.

Either party may seek immediate injunctive relief from a court with appropriate jurisdiction.

16.2 Individual Proceedings

Dispute resolution proceedings must be conducted on an individual basis.

Class, consolidated, and representative actions are not permitted under the arbitration provision.

16.3 Time Limit for Claims

Any claims must be brought within one year of the applicable purchase or the claim will otherwise be barred.

17. Force Majeure

Prolux will not be responsible for delays or failures in performance caused by circumstances beyond its control.

Examples include:

• Acts of God.
• War.
• Riots.
• Fire.
• Terrorist attacks.
• Pandemics.
• Power outages.
• Severe weather.
• Other accidents.

18. Survivability

Your representations, warranties, duties, and obligations under this Agreement survive termination of the Agreement or the Website.

This includes your obligation to indemnify and defend Prolux.

19. Interpretation

The Agreement will be considered to have been drafted by both parties.

The Terms will not be interpreted against the party that drafted them.

20. Assignment

You may not assign your rights or duties under this Agreement.

Prolux may assign its rights and duties, including in connection with the sale of Prolux or its Website.

21. Waiver and Integration

No term, condition, or breach of this Agreement is considered waived unless the waiver is:

• In writing.
• Signed by the party against whom the waiver is asserted.

This Agreement constitutes the entire agreement between the parties and supersedes previous agreements or representations.

Prolux Cleaners SMS Support

By opting in to receive text messages from Prolux Cleaners, you agree to receive conversational SMS messages related to:

• Your inquiry.
• Your orders.
• Customer support requests.

Message frequency varies.

Message and data rates may apply.

How to Opt Out

To stop receiving messages at any time, reply:

STOP

How to Get Help

For assistance, reply:

HELP

You may also contact Prolux at:

service@proluxcleaners.com

Carriers are not liable for delayed or undelivered messages.

Privacy Policy

For more information, review the Prolux Privacy Policy .