Terms of Service and End-User License Agreement

These Terms of Service and End-User License Agreement ("Terms") are an agreement between BACKFLOW PARTS SUPPLIER LLC ("we", "us", or "our") and the person or entity that accesses or uses our storefront, an account, or related software and services (collectively, the "Services"). "You" means that person or entity. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind it to these Terms.

By accessing or using the Services after these Terms become effective, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Storefront and Software License; Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your own lawful business or personal purchasing activities. The Services are licensed, not sold.

You may not:

• copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except as applicable law expressly permits;
• reverse engineer, decompile, or attempt to extract source code from the Services except as applicable law expressly permits;
• interfere with the operation or security of the Services, bypass access controls, or introduce malicious code;
• use automated means to scrape, harvest, or access the Services in a manner that burdens or disrupts them; or
• use the Services for unlawful, fraudulent, infringing, or abusive activity.

2. Account Responsibilities

You must provide accurate, current, and complete account and order information. You are responsible for safeguarding your credentials and for activity conducted through your account. Do not share credentials with unauthorized persons. You must promptly notify us if you suspect unauthorized access, compromised credentials, or inaccurate account information. You are responsible for ensuring that anyone acting through your account has authority to do so.

3. Product Descriptions, Pricing, and Availability

We attempt to present product descriptions, images, compatibility information, pricing, and availability accurately. These materials may contain errors, may be incomplete, and may change without notice before an order is accepted. Colors, measurements, and product appearance may vary from on-screen representations. Displayed availability is not a guarantee that an item will remain available.

We may correct errors and update product information, pricing, or availability. Buyer-specific pricing, when offered, applies only to the eligible account and may not be transferred. You are responsible for confirming that a product is suitable for your intended use and complies with applicable requirements.

4. Orders

Submitting an order is an offer to purchase the identified products on these Terms. An automated acknowledgment confirms receipt of the order; it does not necessarily mean we have accepted it. We may accept, reject, or limit an order for legitimate reasons, including product unavailability, pricing or description errors, suspected fraud, account issues, or legal restrictions. If we change or cannot fulfill an order, we will use the contact information associated with the order to provide notice when reasonably practicable.

5. Local Pickup

Orders placed through the storefront are for local pickup, not delivery or shipment. Unless the order confirmation states otherwise, pickup is at 5728 N 105th Ln, Glendale, AZ 85307. Pickup hours, the ready time, and any order-specific instructions will be provided through the Services or order communications. Do not arrive until we confirm that the order is ready.

Bring the order number and a government-issued photo ID. Another person may collect the order if you identify that person to us before pickup and we can reasonably verify the authorization. Collect the order within the pickup period stated in the ready notice. If an order remains uncollected, we may send a reminder and a final collection deadline and then cancel the order and return the products to inventory. Any amount already paid will be handled under the refund provisions below.

6. Pay at Pickup

Unless we expressly state otherwise for a particular order, payment is due at pickup. The storefront does not itself offer online payment. You must pay the final amount due using a payment method we accept at the pickup counter. An order acknowledgment does not represent payment or a payment guarantee. We may decline to release products until payment is successfully completed.

We accept major credit cards, debit cards, Apple Pay, and Google Pay when supported by the available Stripe reader. We may also accept a check subject to identification, verification, and approval at pickup. Payment-method availability can depend on the reader, card network, issuer, device, and our approval; the methods offered at the counter for the transaction control. QuickBooks and Intuit provide accounting services to us and are not customer payment methods.

7. Taxes

You are responsible for taxes, duties, and government charges applicable to your purchase, except taxes imposed on our net income. We may calculate, collect, and remit transaction taxes as required by law. If you claim an exemption, you must provide valid documentation acceptable to us and the relevant authority before the transaction is completed.

8. Cancellations, Returns, and Refunds

You may request cancellation without charge before pickup by contacting us. A special-order or custom item may not be cancellable after we have committed to obtain or produce it; we will disclose any such restriction before accepting the special order.

Except for the exclusions below, you may request a return within 30 calendar days after pickup. Contact us before returning an item and provide proof of purchase. The item must be unused, uninstalled, undamaged, complete, and in its original packaging and resalable condition. Eligible returns meeting these requirements are not subject to a restocking fee. Because storefront orders are collected locally, returns must be brought to our pickup location unless we agree to another arrangement.

Special-order or custom items, items marked final sale, used or installed items, items damaged after pickup, and opened consumables or sealed kits that cannot be safely resold are not returnable unless they were defective, damaged when provided, or supplied in error. Notify us promptly if an item is defective, damaged, incomplete, or different from what you ordered. We will, as appropriate, replace the item, exchange it, or refund the purchase price. Manufacturer warranties remain subject to the manufacturer's terms.

An exchange is processed as a return of the original item and a separate purchase of the replacement. Approved refunds are issued to the original payment method within 10 business days after we receive and inspect the returned item. A refund for a check payment will not be issued until the original check has cleared and may be issued by a check from us. A bank, card issuer, or payment provider may require additional time to post the refund. These provisions do not limit rights that cannot be waived under applicable law.

9. Intellectual Property

The Services, including their software, design, text, graphics, logos, product organization, and other content, are owned by us or our licensors and are protected by intellectual-property and other laws. Except for the limited license in these Terms, no right, title, or interest in the Services or their content is transferred to you. Product names, company names, and trademarks belonging to third parties remain the property of their respective owners. You may not use our names, logos, or marks without prior written permission.

10. Third-Party Services

The Services may interoperate with or rely on services provided by third parties. Those services may be subject to separate terms and privacy notices, and we are not responsible for a third party's independent services, systems, or acts.

Stripe may provide payment-processing technology for transactions completed at pickup. QuickBooks Online services provided by Intuit may be used by us for accounting and transaction recordkeeping. References to Stripe, QuickBooks, or Intuit describe third-party services only. Neither Stripe nor Intuit endorses, sponsors, operates, or controls our storefront, and we do not claim otherwise.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THEIR CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT PRODUCT INFORMATION OR AVAILABILITY WILL ALWAYS BE COMPLETE OR CURRENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. IN THOSE JURISDICTIONS, THESE EXCLUSIONS APPLY ONLY TO THE EXTENT THE LAW PERMITS. ANY PRODUCT WARRANTY PROVIDED BY A MANUFACTURER IS SUBJECT TO THAT MANUFACTURER'S TERMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PRODUCT, ORDER, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE AFFECTED ORDER. These limitations do not apply to liability that cannot be limited or excluded under applicable law.

13. Indemnification

To the extent permitted by applicable law, you will defend, indemnify, and hold us and our owners, officers, employees, agents, affiliates, and licensors harmless from claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful or unauthorized use of the Services, your material breach of these Terms, or your violation of another person's rights. We may control the defense of a claim subject to indemnification, and you will reasonably cooperate.

14. Suspension and Termination

We may suspend or terminate access to the Services when we reasonably believe it is necessary to protect the Services, users, or third parties; respond to suspected fraud, misuse, or a security threat; comply with law; address nonpayment; or address a material breach of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and disputes.

15. Changes to These Terms

We may update these Terms from time to time. We will post revised Terms and update the effective date, and will provide any additional notice required by applicable law. Changes apply prospectively from the stated effective date. Your continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by law.

16. Governing Law and Disputes

These Terms and any dispute arising out of or relating to the Services, products, or these Terms are governed by the laws of the State of Arizona, except to the extent federal law applies or applicable law requires otherwise. Subject to any forum or venue right that cannot lawfully be waived, any legal action must be brought in the state courts located in Maricopa County, Arizona, or, if it has subject-matter jurisdiction, the United States District Court for the District of Arizona. Either party may bring an eligible individual claim in a court of competent small-claims jurisdiction. Nothing in these Terms limits any right or remedy that cannot lawfully be limited or waived.

17. General Terms

If any provision of these Terms is held unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms and any policies expressly incorporated into them constitute the entire agreement about the Services and supersede prior or contemporaneous communications on that subject.

18. Contact Information

Questions about these Terms and legal notices may be directed to Backflow Parts Supplier LLC at 5728 N 105th Ln, Glendale, AZ 85307, United States; by email at eleanor@getbackflowparts.com; or by phone at 602-733-6510.