Terms of
Please read these terms carefully before using our disaster restoration services or website.
Table of Contents
1. Acceptance of Terms
By accessing or using the services provided by Advanced Disaster Recovery Inc. ("Advanced DRI," "we," "us," or "our"), including our website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms apply to all visitors, users, and others who access or use our services, including property owners, property managers, insurance adjusters, and contractors.
2. Description of Services
Advanced DRI provides disaster restoration and related services, including but not limited to:
The specific services provided will be outlined in your service agreement, work authorization, or estimate.
3. User Responsibilities
By using our services, you agree to:
4. Estimates and Authorizations
Estimates
- •Estimates are provided based on visible damage at the time of assessment
- •Hidden damage discovered during work may result in supplemental charges
- •Estimates are valid for 30 days unless otherwise specified
Work Authorization
Work will not begin until a signed work authorization is received. By signing a work authorization, you agree to the scope of work, estimated costs, and these Terms of Service.
Change Orders
Any changes to the original scope of work must be documented in writing and may result in additional charges. We will communicate any necessary changes before proceeding.
5. Payment and Billing
Payment Terms
Payment is due upon completion of services unless other arrangements have been made in writing. For large projects, progress payments may be required.
Accepted Payment Methods
We accept cash, checks, credit cards (Visa, MasterCard, American Express, Discover), and electronic bank transfers.
Late Payment
Accounts not paid within 30 days may be subject to a late fee of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services for non-payment.
Collection
If collection efforts become necessary, you agree to pay all collection costs, including reasonable attorney fees.
6. Insurance Claims
Important Notice
You, as the property owner, are ultimately responsible for payment regardless of insurance coverage or claim status.
While we work with insurance companies and can assist with the claims process:
- •We are not a party to your insurance contract
- •Insurance claim disputes do not relieve your payment obligation
- •Deductibles and non-covered items remain your responsibility
- •Assignment of benefits (AOB) may be available in some cases
7. Warranties
Our Warranty
Advanced DRI warrants that all work will be performed in a professional manner consistent with industry standards. Specific warranties for materials and workmanship will be outlined in your service agreement.
Warranty Exclusions
Warranties do not cover:
- •Damage from subsequent events or disasters
- •Normal wear and tear
- •Issues resulting from failure to follow maintenance recommendations
- •Pre-existing conditions not addressed in the scope of work
8. Limitation of Liability
To the maximum extent permitted by law:
Advanced DRI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.
Our total liability for any claims arising from services shall not exceed the total amount paid for the specific services giving rise to the claim.
We are not responsible for damage to items not included in the restoration scope, or for delays caused by factors outside our control (such as permit delays, material shortages, or weather).
9. Indemnification
You agree to indemnify, defend, and hold harmless Advanced DRI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your violation of these Terms, your misuse of services, or your violation of any rights of a third party.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state where services are performed, without regard to conflict of law principles. For services performed in multiple states, New York law shall govern.
11. Dispute Resolution
Informal Resolution
Before initiating formal proceedings, you agree to first contact us to attempt to resolve any dispute informally. Most concerns can be resolved through direct communication.
Mediation
If informal resolution fails, the parties agree to attempt mediation before a mutually agreed-upon mediator before pursuing arbitration or litigation.
Arbitration
Any dispute not resolved through mediation shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state where services were primarily performed.
12. Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of Advanced DRI and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
13. Website Use
When using our website, you agree not to:
14. Force Majeure
Advanced DRI shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, government actions, pandemics, labor disputes, material shortages, or utility failures.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Advanced DRI regarding our services. Any prior agreements, representations, or warranties not expressly set forth herein are superseded.
17. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with a new "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
18. Contact Information
If you have questions about these Terms of Service, please contact us:
Advanced DRI
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