TERMS OF SERVICE
Last updated: November 5, 2020
This website is operated by Can-Do Services. Throughout the site, the terms “we”, “us”, “our” and “Company” refer to Can-Do Services. We offer this website, and our Product(s) and Service(s) including all information, tools and services available from us or 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 related social sites, and/or downloading, reviewing and/or purchasing any product, service, feature, information, tool or anything else from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink or by other Written and Signed by all parties Purchase Order, Receipt or Agreement. These Terms of Service apply to all users of the site and or any of our services including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or any of our Services or Products. By accessing or using any part of the site, or purchasing any of our Products or Services you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Product(s) or Service(s). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any time we add new Product(s) or Service(s) those Product(s) and or Service(s) shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of any Product(s) or Service(s) we provide and or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
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.
You may not use our Website, Service(s) or Product(s) for any illegal or unauthorized purpose nor may you, in the use of the Website, Service(s) or Product(s) 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.
We reserve the right to refuse service to or sale of any Product(s) or Service(s) to anyone for any reason at any time.
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 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 our Service(s), use of our Service(s), or access to the Service(s) or any contact on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if 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.
This site may contain certain historical or reference information. Historical and reference information, necessarily, may not be current or accurate and is provided for as a convenience reference only. Only Manufacturer supplied documentation that is present with any Product(s) we sell should be relied upon for installation, repair or maintenance and such liability is limited to the original manufacturer. 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. You agree that it is your responsibility to monitor changes to our site.
In cases where you elect to use our Product(s) or Service(s) which may include but not be limited to Water System related Products and Services, content, strategies or provide any other Service(s) that involves work we are doing per your request as evidenced by a verbal Service Call Request or the signing of a Service Order or Service Agreement and/or additional request, whether or not that Service Call, Order or Agreement specifically outlines a given Service(s) we may be providing, you agree you are ultimately and solely responsible for any and all liability associated directly or indirectly with those Product(s) or Service(s) provided.
SECTION 3 – MODIFICATIONS TO THE SALE OF PRODUCT(S), SERVICE(S) AND PRICES
Prices for our Products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue a Product or Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.
SECTION 4 – PRODUCTS OR SERVICES (as applicable)
Certain Services and or Products may have limited availability and are subject to return or exchange according to our Refund Policy as noted herein.
We have made every effort to display as accurately as possible information regarding the Products and Services we provide. We cannot guarantee the accuracy of any sales or user reference materials which may provide details about these Products and Services.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product(s) or Service(s) that we offer. All descriptions of Products or Services and associated pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product(s) or Service(s) at any time. Any offer for any Product(s) or Service(s) we make on this site or elsewhere is void where prohibited.
Other than as outlined specifically we do not warrant that the quality of any Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected to your expectation which may or may not be reasonable.
SECTION 5 – 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 Product(s) or Service(s) purchased per person, per household or per order. These restrictions may include Product(s) or Service(s) ordered 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 a Product(s) or Service(s) 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us. 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.
For more detail, please review our Returns Policy herein.
SECTION 6 – OPTIONAL REFERENCE MATERIALS OR TOOLS
We may provide you with access to third-party Reference Materials such as User Guides, Technical Manuals, Sales Literature, or other reference materials or tools over which we have no control nor input.
Although, we may with some third-party Products, Services, Reference Materials or tools, provide “Best Effort” support, in all cases you acknowledge and agree that we provide access to such Products, Services, Materials and or tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any third-party Product(s), Service(s), Reference Material(s), or tool(s).
Any use of third party Product(s), Service(s), Reference Material(s), or tool(s)offered in the course of our providing or Selling Product(s) or Service(s) is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those Product(s), Service(s), Reference Material(s), or tool(s) are provided by the relevant third-party provider(s).
We may also, in the future, offer new Product(s), Service(s), Reference Material(s), or tool(s) and/or features through our Product or Service offerings or the website. Such new Product(s), Service(s), Reference Material(s), or tool(s) shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain Product(s), Service(s), Reference Material(s), or tool(s) available via us or our website may include links to or from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party products, services, information, tools, materials or websites, or for any other products, information, materials or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, information or any other interactions or transactions made in connection with any third-party service or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Product(s), Service(s), Reference Material(s), or tool(s) should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, you share with us or send certain specific submissions (for example contest entries) or whether by way of a request from us or without a request from us you send creative ideas, suggestions, comments, proposals, plans, references or other materials, whether online, by email, by postal mail, verbally or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service(s) or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments presented by you or any third-party or on your behalf.
SECTION 9 – MANUFACTURER’S LIMITED WARRANTY ON ALL MAJOR PARTS
We convey the Manufacturer’s Limited Warranty on all Major Parts as defined herein. In cases where Manufacturer’s Limited Warranty differs from the terms and conditions as outlined herein the Manufacturer’s limits of warranty shall prevail up to the limits as defined herein.
Major Parts are defined as and limited to: pumps; (excluding mechanical seals), submersible pump controllers, pressure tanks, softener system; (tanks and control valves), Irrigation; (relays, timers and valves).
The Water Pump, Water Filtration, and Waste Water systems sold by our company are considered mission critical applications which are designed to be installed by our qualified professionals. The Manufacturer’s Warranty in most cases unless otherwise detailed in writing and signed by one of our team members is for a period of one year from the date of purchase or five years from the date of purchase for most of our digitally controlled water softener or whole house filtration systems. The Manufacturer’s Limited Warranty is valid for the original purchaser and warrants that the product will be free from defects in material and workmanship for the Warranty Period from the date of original purchase and installation by our professional team.
EXTENDED WARRANTY (Extended Manufacturer’s Limited Warranty on all Major Parts)
We may from time to time offer an Extended Warranty which shall be evidenced in writing on a signed Purchase Receipt or separate document titled “Extended Warranty” and which shall extend the Manufacturer’s Limited Warranty Period by 12 months and with the same limits as defined in all sections herein. Any Major Parts we sell will not include any “Extended Warranty” if they were not installed by our professional team. This Extended Warranty shall be limited to the original purchaser and requires the original purchase receipt and separate signed document titled “Extended Warranty”.
Manufacturer’s Limited Warranty on all Major Parts and Extended Limited Warranty excludes:
(a) Labor, and related parts costs for removal or reinstallation;
(b) Secondary damages of any kind;
(c) Damage cause by and including but not limited to; electrical surges, faulty wells, check valves, vacuum leaks, water supply containing dirt, sand or debris of any kind, faulty secondary parts, acts of God, damage caused by insects or animals, repairs or pertinent setting adjustments made by anyone other than our professionals leading to the caused damage, lack of required maintenance such as for example regular cleaning and replacement of inline filters, adding necessary chemicals or products for proper operation such as salt, impact or collision from any source, use beyond the Parts intended design; and,
(d) Reimbursement for losses caused by interruption of service.
SECTION 10 – REFUND POLICY
Returns: Like-New Non-Defective / Non-Damaged Major Parts with original packaging purchased from our Company may be returned at Buyer’s cost for refund of purchase price paid by Buyer, less original shipping charges if applicable less a restocking charge of 15%. Returns can only be accepted on Product(s) within thirty (30) days of receipt provided such item is in like new condition and is returned in the original packaging which shall be in good condition.
Our company make no other WARRANTY, GUARANTEE, or REPRESENTATION of any kind whatsoever.
In cases where a refund is authorized we will handle the refund transaction as soon as reasonably possible and within no more than two business days from the date of authorization. We reserve the right to issue a credit card reversal, or company check for all refunds and in some cases refunds may take seven to ten business days to arrive or be processed by third party agents such as PayPal or Credit Card agencies.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in available Marketing, Sales or other End User Literature or on a Service Order or Service Agreement that contains typographical errors, inaccuracies or omissions that may relate to Product(s), Service(s) descriptions, pricing, promotions, offers, solutions, delivery 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 any related documentation or website is inaccurate at any time without prior notice (including after you have submitted your order, Signed a Service Agreement or Service Order). In the event of a conflict regarding our Terms as may be noted in a Service Order or Service Agreement the Terms as noted herein shall take precedence.
We undertake no obligation to update, amend or clarify information in our Product(s) or Service(s) offerings or on any related documentation or website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in any communication or course of delivery of any Product(s) or Service(s) or on any related documentation or website, should be taken to indicate that all information in our Product(s) or Service(s) offerings or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Service(s), the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service(s) or of any related website, 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 the security features of the Service(s) or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service(s) or any related website for violating any of the prohibited uses.
SECTION 14 – LIMITATION OF LIABILITY
Limitation of Liability and Remedy: Except as otherwise limited by applicable law, our Company’s liability arising from or in any way connected with any service or item sold shall be limited exclusively to repair or replacement of any Major Item(s) sold or refund of the purchase price paid by buyer for such Major Item(s), at the sole option of our Company. In no event shall our company, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, consequential or special damages of any kind or nature whatsoever, including but not limited to lost use or income arising from or in any way associated with this agreement or your use of our Website, Service(s) or Product(s) sold by us or hereunder, whether alleged to arise from breach of contract, expressed or implied warranty, or in tort, including without limitation, negligence, any errors or omissions in any provided information or Service, failure to warn or strict liability, except as otherwise limited by applicable law. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Can-Do Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate using our Product(s) and or Service(s) and these Terms of Service at any time by, notifying us in writing by emailing us at Contact@goCanDoServices.com that you no longer wish to use our Product(s) and Service(s) or if you are not currently using our Product(s) and Service(s), when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may at any time terminate this agreement with or without notice and may deny you access to our Product(s) and Service(s) (or any part thereof) and you will remain liable for all obligations noted in a signed Service Order or Service Agreement and amounts due by you shall remain due, including, but not limited to, full term amounts due which are associated with any monthly or other recurring term period of Service(s) as outlined in a signed Service Order or Service Agreement, until the conclusion of such term outlined in the Service Order or Service Agreement.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or terms as outlined in a signed Service Order or Service Agreement or posted by us on this site or in respect to our Product(s) and Service(s) constitutes the entire agreement and understanding between you and us and govern your use of our Product(s) and Service(s), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements such as a Sales Receipt, Service Order, Service Agreement whereby we provide you Product(s) and or Service(s) shall be governed by and construed in accordance with the laws of the county of, Port St. Lucie, and the state of Florida, United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any of our Product(s) or Service(s) following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com or may be mailed to 10380 SW Village Center Dr #330, Port St Lucie, FL 34987.