Prolux Terms of Service Agreement

Thank you for visiting the Prolux website. The Prolux website and its associated services (collectively, 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 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.

By visiting our Website, creating a User Account, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products from the Website, or use our Services.

Any new products, and any new web features or tools, which are added to the current store shall also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

Prolux hereby incorporates its Privacy Notice as if fully restated herein. You must review Prolux’s Privacy Notice to understand what personal and personally identifiable information Prolux may collect from you when you use the Website, create a User Account, and/or purchase products from the Website, and how Prolux may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Prolux WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

  1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
  1. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by Prolux, including, but not limited to, Prolux’s trademarks:

 

Prolux ™,  ®, and   ®.

 

Any use of the Website, its associated trademarks, or its content without the prior written approval of Prolux is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of Prolux, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

  1. User Generated Content. Prolux may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example, contest entries or promotional submissions) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.

By submitting User-Generated Content to Prolux, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to Prolux, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to Prolux. When posting User Feedback to the Website, you warrant that your User Generated Feedback will be accurate, truthful, non-deceptive, and complete.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.

Prolux assumes no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to Prolux.

  1. Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Prolux for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
  1. Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Prolux through a separate, written agreement (this restriction does not apply to search engines that comply with Prolux’s robots.txt file);
  2. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Prolux’s robots.txt file);
  3. Circumventing the technological protection measures of the Website;
  4. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  5. Disrupting or otherwise interfering with the Website or its associated servers or networks;
  6. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
  7. Diverting or attempting to divert customers of the Website to another website or service;
  8. Sending unsolicited or unauthorized communications to users of the Website or third parties;
  9. Transmitting content to the Website that is false, inaccurate, misleading, tortuous, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
  10. Reverse engineering, de-compiling, translating, or disassembling the Website or its content; and
  11. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Prolux reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Prolux also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

  1. Pricing and Product Availability. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Prolux. 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.

  1. Ordering and Payment. Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Prolux until Prolux accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Prolux, and Prolux strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Prolux is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Prolux payment processor. You agree that you will not initiate any charge backs to Prolux unless otherwise authorized by Prolux in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any charge backs that you have initiated against Prolux.
  1. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. Prolux will report as income all payments received from you to Prolux to all proper taxing authorities.
  1. Shipping. Prolux provides free shipping to the contiguous 48 states and the District of Columbia for most products. For all other locations receiving orders, and for products that do not qualify for free shipping, shipping rates will be calculated at checkout. International customers are responsible for any taxes, customs fees, or duties associated with their purchase.
  1. Refunds and Exchanges. Prolux accepts returns and offers refunds and exchanges on most qualifying products within 61 days of purchase. If the product is defective, Prolux will reimburse your return shipping; if the return is elective (i.e., the product is not defective), you are responsible for paying return shipping. Prolux strives to honor all return and exchange requests within 61 days of purchase, but it reserves the right to reject such claims on a case-by-case basis and in its absolute discretion.
  1. Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 made at our store. 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 your transactions and contact you as needed.

  1. Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that Prolux does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Prolux will not be responsible for websites not under the ownership or control of Prolux.
  1. Errors and Omissions. Occasionally there may be information on our Website, our packaging, or our product manuals that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Prolux reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  1. Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Prolux terminates your access to the Website; or (ii) you cease using the Website. Prolux reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice
  1. Disclaimer of Warranties and Limitation of Liability.
  1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT Prolux WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT Prolux’s LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $500, WHICHEVER IS LESS.
  1. Prolux EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPTING ANY MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY A PRODUCT SOLD BY PROLUX AS DESCRIBED IN MORE DETAIL IN SUBSECTION 14.C BELOW, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
  1. PROLUX OFFERS MANUFACTURER’S WARRANTIES ON MANY OF ITS APPLIANCES. MORE DETAILS REGARDING WHICH APPLIANCES ARE COVERED BY A WARRANTY AND WHAT THAT WARRANTY ENTAILS CAN BE FOUND ON THE INDIVIDUAL PRODUCT’S WEBPAGE AND WITHIN THE OWNER’S MANUAL FOR QUALIFYING PRODUCTS. PROLUX MAY, IN ITS DISCRETION, INCREASE THE LENGTH OF ANY MANUFACTURER’S WARRANTY ON ITS PRODUCTS IF YOU REGISTER YOUR WARRANTY AS STATED IN THE OWNER’S MANUAL. WARRANTIES MAY BE REGISTERED HERE. PROLUX DOES NOT OFFER MANUFACTURER’S WARRANTIES ON ACCESSORIES OR PARTS.
  1. Prolux WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
  1. Indemnification. You agree to indemnify, defend, and hold harmless Prolux, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Prolux will not provide you with the ability to control Prolux’s defense, and Prolux reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
  1. Choice of Law and Stipulation to Jurisdiction.
  1. You and Prolux agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of the State of Utah, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Prolux agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products purchased through the Website, or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Salt Lake County, Utah or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
  1. This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
  1. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE WEBSITE, OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND Prolux EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
  1. Any claims must be brought within one year of each applicable purchase or will otherwise be barred.
  1. Force Majeure. Prolux will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Prolux’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
  1. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Prolux.
  1. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
  1. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. Prolux reserves the right to assign its rights and duties under this Agreement, including in a sale of Prolux or its Website.
  1. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.