Terms of Use Updated: Dec 27, 2023

Thank you for using the Dwight W. Prouty Company, Inc. website and the services and features we make available to you. These Terms and Conditions of Service (the "Terms of Service") apply to the Dwight W. Prouty Company, Inc. website and all Dwight W. Prouty Company, Inc. Services (as defined below).

The Service allows you to discover, browse, purchase products, and learn about us and our services.

The entity providing the Service is Dwight W. Prouty Company, Inc., a company operating under the laws of Alabama, United States located at 2463 Commercial Park Drive Mobile, Mobile, Alabama 36606 United States (referred to as “ Liquid error: Object reference not set to an instance of an object. ”,  “we”, “us”, or “our”). References to Dwight W. Prouty Company, Inc.’s “Affiliates” in these terms mean the other companies within the Dwight W. Prouty Company, Inc. corporate group (now or in the future). Dwight W. Prouty Company, Inc. and its affiliated brands provide this and other web services (including applications and other online services that are accessible through various desktop, tablet, and mobile web browsers from time to time) (collectively, "Service" or "Services"), subject to your compliance with these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. These Terms of Service constitute an agreement between Dwight W. Prouty Company, Inc. and you. We recommend that you print out a copy of these Terms of Service for your records.

By using the Service, you affirm that you are able and legally competent to agree to and comply with these Terms of Service. If you do not agree to these Terms of Service or if you are not legally competent to agree to them, then you may not use the Service.

Please note that these Terms of Service contain provisions that govern the resolution of claims between us and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability, and Legal Disputes sections for complete details.

Please review our Privacy Policy, which is incorporated into these Terms of Service and also governs your use of the Service. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Service, the Terms of Service govern.

Information security is important to us. We have established reasonable physical, electronic, and managerial safeguards to protect the information that we collect from or about our users. We do, however, reserve the right at all times to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

We reserve the right, at any time, to change these Terms of Service, our Privacy Policy, and/or the Service. Your use of the Service following any such change constitutes your agreement to follow and be bound by the Terms of Service and/or Privacy Policy as revised. The revised Terms of Service and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Service. If we request it, you agree to sign a non-electronic version of these Terms of Service.

We will notify you of any change to these Terms of Service by updating the "Updated" date at the top of this webpage.

The Service contains valuable trademarks and service marks owned and used by us, including but not limited to , and the Dwight W. Prouty Company, Inc. design logo (collectively, "Our Marks"). Any use of Our Marks without our prior written permission is strictly prohibited. The arrangement and layout of the Service, including but not limited to Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Service Content"), are the sole and exclusive property of us.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SERVICE IS PROHIBITED.

We use a network of independent product and content suppliers, distributors, and other third parties to supply some of the products and content employed and advertised on the Service. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors, and other third parties that are not owned by us but appear on the Service are the property of their respective owners.

For claims of copyright infringement, please see our Copyright Policy.

From time to time, the Service permits the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to, post, or publish on the Service are non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to us that: (i) your User Content does not violate any copyright, trademark, trade secret, patent, or other intellectual property right, any right of privacy or publicity of any third party, or any applicable law, rule, or regulation; (ii) you own or have the legal right to use and authorize us to use your User Content, including written consent to use of any product or the name, voice, likeness, or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate our Acceptable Use Policy set forth below.

As between you and us, you will retain all of your ownership rights in and to your User Content. By submitting User Content to us, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that we (or our successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, access, watch, reproduce, distribute, transmit, forward, display, and perform such User Content in whole or in part, to the extent permitted by the Service under these Terms of Service.

We do not endorse any User Content, or any opinion, recommendation, or advice expressed therein. We reserve the right but are not obligated to monitor User Content or other content sent to or through the Service. We have the right to refuse, remove, or delete any User Content and/or to terminate any user's access to the Service if we determine, in our sole and absolute discretion, that such User Content or user violates or has violated these Terms of Service. We take no responsibility for and expressly disclaim any and all liability in connection with User Content.

BY USING OUR SOCIAL MEDIA, EACH USER AGREES TO PROVIDE US WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSERVICE, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

By submitting User Content and otherwise using the Service, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant us all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable; (iii) use the Service to harm any person or entity, including us; (iv) impersonate any person or entity, including but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Service or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, provincial/territorial, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission; (ix) collect, store or use personal information about other users of the Service without their consent; (x) use the Service (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or Service; (y) use any of the Service in any manner that could overburden or impair any of the Service or the networks or systems connected to the Service; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

You also agree that you will not violate or attempt to violate the security of the Service. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

Prices and availability of products on the Service are subject to change without notice. The price of the product will be as shown on the order pages when you place your order. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We do not price match.

When selecting products, the entire system design must be taken into consideration to ensure safe, trouble-free performance. Responsibility for the application, function, material compatibility, adequacy of ratings, correctness of installation, operation and maintenance rests solely on the systems designer and the user. It is of utmost importance that the complete product catalog from the manufacturer has been reviewed and understood by the system designer and the user to ensure the product selected is safe for the purposes intended by the system designer and the user.

Failure or improper selection or improper use of the products described herein or related items can cause death, personal injury and property damage.

This document and other information from Dwight W. Prouty Company, Inc., its suppliers and authorized distributors provide product or system options for further investigation by users having technical expertise.

The user, through its own analysis and testing, is solely responsible for making the final selection of the system and components and assuring that all performance, endurance, maintenance, safety and warning requirements of the application are met. The user must analyze all aspects of the application, follow applicable industry standards, and follow the information concerning the product in the current product catalog and in any other materials provided from Dwight W. Prouty Company, Inc. or its suppliers or authorized distributors.

To the extent that Dwight W. Prouty Company, Inc. or its suppliers or authorized distributors provide component or system options based upon data or specifications provided by the user, the user is responsible for determining that such data and specifications are suitable and sufficient for all applications and reasonably foreseeable uses of the components or systems.

If you purchase anything from us, then our Terms and Conditions of Sale, published on this website, shall apply and are expressly incorporated herein by reference.

The Service may contain links to third-party web Services ("Other Services") that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Services that are accessible by hyperlinks from the Service or link to the Service. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Services or any association with the operators of such Other Services. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party Service.

If you use a mobile device to access pages of the Service optimized for viewing via a mobile device, opt in to receive SMS (text messages) from us (as/when available) or using a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Service via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Service.

You agree that you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Service or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

For all communications made to or with us, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and we will have no obligation to protect your communications from disclosure; and (ii) we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Failure or improper selection or improper use of the products described herein or related items can cause death, personal injury and property damage. This document and other information from Dwight W. Prouty Company, Inc., its subsidiaries and authorized distributors provide product or system options for further investigation by users having technical expertise. The user, through its own analysis and testing, is solely responsible for making the final selection of the system and components and assuring that all performance, endurance, maintenance, safety and warning requirements of the application are met. The user must analyze all aspects of the application, follow applicable industry standards, and follow the information concerning the product in the current product catalog and in any other materials provided from Dwight W. Prouty Company, Inc. or authorized distributors. To the extent that Dwight W. Prouty Company, Inc. or its subsidiaries or authorized distributors provide component or system options based upon data or specifications provided by the user, the user is responsible for determining that such data and specifications are suitable and sufficient for all applications and reasonably foreseeable uses of the components or systems.

You agree to indemnify and hold us and our agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, including any User Content you submit, post to or transmit through the Service, (ii) your violation of these Terms of Service or (iii) your violation of any rights of another user.

We intend for the information and data contained in the Service to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Service and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SERVICE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Service or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) CAD $100.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator.

The seat of arbitration and the place of arbitration shall be Mobile, Alabama, United States. The language of the arbitration will be the English language. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

Any award rendered in the arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for the enforcement of the award.

The costs of arbitration, including fees, travel expenses and other expenses of the arbitrator and witnesses, the fees or charges by the centre and the reasonable legal fees and expenses, as determined by the arbitral tribunal, of the successful party, shall be borne by the unsuccessful party.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the privacy of the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by Law or judicial decision.

We may bring suit in any appropriate forum or court of competent jurisdiction to avoid irreparable harm or to preserve the status quo, or for any breach (or threatened breach) of infringement or misappropriation of our intellectual property rights, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those matters, all matters that are not properly subject to arbitration pursuant to these terms and conditions, and all permitted appeals arising from an arbitration pursuant to these terms and conditions.

Your ability to access and use the Service remains in effect until terminated in accordance with these Terms of Service. You agree that we, in our sole discretion, may terminate your account and your use of the Service and may remove and delete your User Content if we believe that you have violated or acted inconsistently with these Terms of Service or for any other reason. We also may in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and you acknowledge and agree that we may bar any further access to the Service. Further, you agree that we will not be liable to you or any third-party for any termination of access to the Service.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Service.

YOU MUST BE AT LEAST AGE 13 TO USE THE SERVICE. By using the Service, you affirm that you are over age 13. If you are under age 13, you may not access or use the Service.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SERVICE.

We periodically schedule system downtime for the Service for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of the Service; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Service, any Internet service providers or otherwise.

The Service is intended for users who reside in United States. Dwight W. Prouty Company, Inc. makes no representations, warranties or conditions that the Service or any materials contained in them are valid, appropriate or available for use outside of United States. If you access and use the Service outside United States, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of the Service and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Service is subject to United States and Canadian export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. or Canadian trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Service set forth the entire Agreement between you and us with respect to use of the Service and supersede any prior agreements between you and us relating to such subject matter. The Terms of Service are not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. A printed version of these Terms of Service and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Service must be written in the English language.

Please report any violations of these Terms of Service to:

Dwight W. Prouty Company, Inc.

2463 Commercial Park Drive Mobile, Mobile Alabama 36606, United States

Email: sales@dwprouty.com

If you have questions, comments or complaints about these Terms or the Service, please contact us.