Terms of Service

THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION PROVISION BELOW, BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

These terms and conditions (the "Terms") apply to Tanks and Toilets, LLC's ("Tanks and Toilets", "we", "our", or "us") (a) website located at www.tanksandtoilets.com, associated websites, and the content therein and thereon, collectively, the "Site(s)"); (b) our mobile applications (collectively, the "App(s)"); and (c) any product that is offered on the Sites or Apps ("Product(s)"). Please read these Terms carefully. By visiting, accessing, or otherwise using in any way the Sites or Apps, participating in our Referral Program or other promotions, or by ordering, purchasing, receiving or using any Tanks and Toilets Products or services at any time (collectively, the "Services"), you agree to these Terms, our Privacy Policy, which is hereby incorporated into these Terms by reference, as well as any other terms, guidelines or rules that apply to any portion of the Services, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order or purchase the Products.

I. Electronic Communication

When you visit any of our Sites or Apps, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on any Site or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

It is your responsibility to control the notifications you do, or do not, receive through your device. To opt in to receive text messages from Tanks and Toilets, please follow the instructions provided when you sign up to receive text messages. To stop receiving text messages from Tanks and Toilets, use the mobile phone corresponding to the number enrolled in Tanks and Toilets text messages and reply "STOP" or "UNSUBSCRIBE" in response to a text message from the Tanks and Toilets text messaging program. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs in which you have enrolled. The opt out does not preclude messaging that Tanks and Toilets sends for necessary services. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Tanks and Toilets immediately if you change your mobile telephone number. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Tanks and Toilets, and Tanks and Toilets is not responsible or liable for issues arising from them. Tanks and Toilets reserves the right to modify or discontinue, temporarily or permanently, all or any part of Tanks and Toilets text messages, with or without notice. Tanks and Toilets may suspend or terminate your receipt of Tanks and Toilets text messages for any reason without notice to you.

II. Eligibility

You represent and warrant that (a) your use of the Services is legal in, and does not violate any laws or regulations of the jurisdiction where you live or from where you access the Services; (b) you possess the legal right and ability to enter into these Terms and to use the Services in accordance with these Terms; (c) your use of the Services will be in accordance with these Terms; and (d) your use of the Services will be in accordance with all applicable laws and regulations.

None of our Sites or Apps is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR SERVICES.

If you are using a Site or App on behalf of a company, entity, or organization (collectively, "Organization"), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

Your use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (i) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (ii) will not transfer software, technology, or other technical data via the Services to export-prohibited parties or countries; (iii) will not use the Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws; (iv) will not access or use the Services from a country or region that is targeted for comprehensive trade sanctions by the United States government; and (v) will not transfer, upload, or post via the Services any software, technology, or other technical data in violation of United States or other applicable export or import laws.

III. Copyright

Unless otherwise noted, all content included on any Site or App, including images, illustrations, designs, icons, photographs, video clips, audio, sounds, music, data, text, scripts, files, software and written and other materials (collectively, "Tanks and Toilets Content") is the property of Tanks and Toilets or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of each Site and App is the exclusive property of Tanks and Toilets and is protected by United States and international intellectual property laws. Any unauthorized use of any Tanks and Toilets Content is strictly prohibited and may violate copyright, trademark, and other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a Site or App, including any Tanks and Toilets Content, only with our prior written and express authorization.

IV. Trademarks

All trademarks, service marks, and trade names (collectively, the "Marks") that appear on any Site or App or on any Product are proprietary to Tanks and Toilets or other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Tanks and Toilets, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Services.

V. Limited License and Access to the Services

Subject to your compliance with these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for personal use only and solely for their intended purpose. Consequently, and without limiting the generality of the foregoing, this grant does not allow you to do any of the following, and you agree that you shall not: (a) resell or make any commercial use of the Products, Sites or Apps or any of their contents, without the prior, express written agreement of Tanks and Toilets; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites or Apps not intended to be so read, including using or directly viewing the underlying HTML or other code from the Sites or Apps except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites or Apps (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Sites or Apps, or to collect any information from the Sites or Apps or any other user of the Sites or Apps; (e) circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Services or (ii) features that prevent, restrict, or limit use or copying of any Tanks and Toilets Content or Marks; (f) upload, post, email, or otherwise transmit any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) frame, reproduce or copy the Services, or access or use the Services through an interface other than one we provide to you; (g) falsify or delete any author attributions, legal, or other notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Services; (h) use the Services in violation of any applicable law, regulation or code of conduct, any additional terms, or our Privacy Policy, in violation of the legal rights of another person, or in any manner which we deem in our sole discretion to be inappropriate or harmful.

VI. Fees and Payments; Shipping; Installation; Third-Party Seller Purchases

Prices

The price for Products available for purchase through any Site or App will be displayed to you on that Site or App. In each case, the prices displayed do not include taxes. Prices for the Products may be displayed in US dollars. Any applicable taxes will be communicated to you before you place an order. Shipping fees may apply depending on location and order size, as displayed at checkout.

Payments

The Services may use third parties to process payments. Our third-party payment processors and express checkout providers, such as Amazon Pay, Apple Pay, and PayPal, accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through third-party financing providers, if available, as detailed on the payment screen. Tanks and Toilets does not control any third-party payment processor, and your use of any third-party payment processor is a transaction solely between you and such third-party payment processor. Each third-party payment processor may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. You represent and warrant that you have the legal right to use any payment method you provide in connection with any purchase.

Installation Services

For all installation services, you or an authorized adult (18 years of age or older) must be present at the service address for the entire duration of the appointment. The presence of an authorized adult is required to provide our technician with safe access to the work area, to approve the work to be performed, and to provide a signature upon successful completion of the installation and testing.
If our technician arrives for the scheduled appointment and no authorized adult is present, or if the technician cannot gain access to the property or work area for any reason outside of our control, the appointment will be canceled. In this event, a non-refundable $99.00 Failed Appointment Fee will be charged to your original payment method to cover our dispatch and scheduling costs. To reschedule, you must contact our customer service team.

Third-Party Seller Purchases

Tanks and Toilets may offer certain of its Products through or by bona fide third-party retailers, online or e-commerce platforms or other third-party channels (each, a "Third-Party Seller"). Tanks and Toilets does not control any Third-Party Seller, and your order, purchase, receipt or use of any Product provided by any Third-Party Seller is a transaction solely between you and such Third-Party Seller. Each Third-Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third-Party Seller or any retail locations operated by a Third-Party Seller is at your own risk.

VII. Third-Party Services

Our Sites and Apps may include certain services that are offered in partnership with third parties ("Third-Party Service"). For example, Third-Party Services may relate to financing or extended protection plans. Third-Party Services may be subject to additional terms and conditions which you enter into with the Third Party at the time you enroll in the Third-Party Service. Please carefully review all applicable terms before enrolling.

VIII. Gift and Offer Codes

From time to time, Tanks and Toilets may offer qualified consumers "gift codes" or "offer codes" through a variety of promotional activities and communications (collectively referred to herein as "offer codes") that are redeemable towards a purchase on a Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Tanks and Toilets in its sole discretion. Only valid offer codes provided or promoted by Tanks and Toilets will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Tanks and Toilets (including any unauthorized third-party websites) will not be considered valid. Codes supplied or promoted by Third-Party Sellers are not valid for use on the Services, and are subject to the terms and conditions set by such Third-Party Seller. Each offer code promoted by Tanks and Toilets is non-transferable and valid for single use on an item (or items) of merchandise as determined by Tanks and Toilets. Offer codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as "Final Sale" or "Clearance" unless stated otherwise, and may not be used in conjunction with the Tanks and Toilets Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. Tanks and Toilets is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying Product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

IX. Referral Program

Tanks and Toilets offers a Referral Program ("Program"), through which brand advocates (an "Advocate") may receive discount codes for each eligible, referred friend ("Referred Friend") that makes a Tanks and Toilets purchase (a "Qualified Referral"), subject to the conditions stated below. To participate as either an Advocate or a Referred Friend, you must be a U.S. resident at least 18 years of age. No previous purchase is required to participate as an Advocate; if participating as a Referred Friend, you are only eligible if you have not previously made a purchase from tanksandtoilets.com.

[Additional referral program terms would be customized based on your specific program structure]

Program details and rewards are subject to change at Tanks and Toilets' sole discretion. Program Rewards are non-transferable, have no monetary value, and may not be redeemed for cash. The Program or the Program Rewards may be modified or terminated at any time in Tanks and Toilets' sole discretion.

X. Warranty

Our Products and installation services are covered by two (2) distinct warranties for your protection: our 1-Year Workmanship Warranty and the Manufacturer's Product Warranty.

• A. 1-Year Workmanship Warranty: Tanks and Toilets, LLC provides a 1-Year Workmanship Warranty covering the labor and craftsmanship of our installation for a period of one (1) year from your installation date. This warranty applies to any issues arising directly from the installation service performed by our team.

• B. Manufacturer's Product Warranty: The physical Product (i.e., the toilet or water heater) is covered by a separate, multi-year warranty provided directly by the manufacturer. The specific terms, conditions, and duration of this warranty vary by product. While Tanks and Toilets does not provide this warranty, we will assist you in facilitating a claim with the manufacturer should a product defect arise.

• C. How to Make a Claim: For complete details on both warranties, please review our official Warranty Page at https://tanksandtoilets.com/pages/warranty. To initiate a warranty claim for any issue, please submit a formal request through our Warranty Claim Form at https://tanksandtoilets.com/pages/warranty-claim-form. For immediate questions, you may also call us at 480-374-1512 or use the live chat feature on our website.

• D. Conflict of Terms: To the extent there is a conflict between the terms of any Manufacturer's Product Warranty and these Terms, the terms of the applicable Manufacturer's Product Warranty shall govern issues related to the Product itself.

XI. Refunds and Returns; Cancellation

Cancellations

You may cancel an order and receive a full refund at any time prior to our technician being dispatched to your location on the day of your scheduled installation.

To cancel your order, you must contact our customer service team by calling us at 480-374-1512 or through the live chat feature on our website.

Cancellation requests received after a technician has already been dispatched to your location will be treated as a "Failed Appointment," and a non-refundable $99.00 Failed Appointment Fee will be deducted from your refund to cover our dispatch costs.

Returns and Refunds

• A. Eligibility for Return: We accept returns within thirty (30) days of the original purchase date, subject to the conditions below. To be eligible for a return, the Product must be uninstalled, unused, and in its original, unopened factory packaging.

• B. Installed Products: Products that have been installed or removed from their original packaging are not eligible for return or refund. Issues with installed Products are covered exclusively under our 1-Year Workmanship Warranty and the Manufacturer's Product Warranty, as detailed in Section X of these Terms.

• C. Return Process and Fees: To initiate a return for an eligible, uninstalled Product, please contact us at ryan@tanksandtoilets.com or 480-374-1512. All returns require a scheduled pickup by a Tanks & Toilets technician to inspect and retrieve the Product. A non-refundable $99.00 Return Pickup Fee will be charged for this service and will be deducted from your total refund amount.

• D. Refund Issuance: Upon successful inspection and retrieval of the returned Product, a refund for the original purchase price, less the $99.00 Return Pickup Fee, will be issued to your original method of payment. Please allow 3-5 business days for the refund to appear on your statement.

• E. Third-Party Seller Returns: Any Products purchased through a Third-Party Seller are subject to the return and refund policies of that Third-Party Seller. Please contact the Third-Party Seller directly to inquire about their policies.

XII. Content You Submit to Tanks and Toilets

From time to time, Tanks and Toilets may allow you to post reviews, comments, photos, or similar materials on the Sites or Apps (collectively, "Reviews"). We welcome your comments regarding our Services.

By posting a Review, you agree that:

• The Review complies with these Terms;

• You are actually a user of the Product being reviewed in the Review;

• The Review reflects your honest opinions, findings, beliefs, or actual experience using the Product(s); and

• You will disclose (in easy-to-understand language and in an unavoidable place) if you received any Product(s) mentioned in your Review for free, or if you have any other connection to Tanks and Toilets that might materially affect the weight or credibility of your Review.

By posting a Review on any of our Sites or Apps, you hereby grant Tanks and Toilets an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, "Use") all Reviews you post to the Sites or Apps, for any purpose, including promoting and marketing Tanks and Toilets and the Products.

No Objectionable Content

Tanks and Toilets reserves the right not to post or delete any Review that we reasonably believe is fake or contains unlawful, unrelated, false, misleading, harassing, abusive, inappropriate, defamatory, libelous, slanderous, or otherwise objectionable content.

You agree not to submit Reviews that are unlawful, infringing, defamatory, slanderous, libelous, inaccurate, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote discrimination, bigotry, racism, hatred, or violation of any rights of third parties.

Monitoring

Tanks and Toilets has no obligation to monitor the Sites or Apps but reserves the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews to address objectionable content or to comply with the law.

XIII. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites or Apps infringe your copyright, you (or your agent) may send Tanks and Toilets a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked.

Procedure for Reporting Copyright Infringement

A notice of infringement under the DMCA must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2. Identification of the copyrighted work alleged to have been infringed;

3. Identification of the specific material alleged to be infringing;

4. Your name, address, telephone number, and e-mail address;

5. A statement that you have a good faith belief that use of the material is not authorized;

6. A statement that the information is accurate and you are authorized to act on behalf of the owner.

Designated Agent

Notices and counter-notices regarding the DMCA should be sent to our designated agent at:

Tanks and Toilets, LLC Attn: Copyright Agent 4401 W Reno Ave Oklahoma City, OK 73107 Email: ryan@tanksandtoilets.com

Consult your legal advisor before filing a notice as there are penalties for false claims under the DMCA.

XIV. Use of the Sites and Apps

You agree to use the Sites and Apps only for their intended purposes and in compliance with these Terms and all applicable laws. The following uses are expressly prohibited:

• Interfering with, harming, reverse engineering, stealing from, disrupting, or gaining unauthorized access to the Sites or Apps;

• Uploading viruses or other harmful, disruptive, or destructive files;

• Framing, mirroring, linking to, or simulating the Sites or Apps without permission;

• Using data mining, robots, or other automated data gathering methods;

• Posting incomplete, false, or misleading information or impersonating another person;

• Disclosing personal information about others or posting objectionable material;

• Using the Sites or Apps in an illegal manner or to commit illegal acts.

XV. Disclaimer

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by third parties will be at your own risk. We may change, suspend, or discontinue any aspect of the Sites or Apps at any time without notice or liability.

EXCEPT AS EXPRESSLY PROVIDED IN ANY PRODUCT WARRANTY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITES, APPS, AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITES, APPS AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (B) TANKS AND TOILETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XVI. Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, TANKS AND TOILETS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITES OR APPS; (ii) THE SERVICES PROVIDED ON THE SITES OR APPS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SITES, APPS, SERVICES, OR PRODUCTS.

XVII. Indemnification

You agree to defend, indemnify, and hold harmless Tanks and Toilets from and against any third-party claims, liabilities, damages, losses, and expenses arising out of or connected with: (a) your use or misuse of the Services or Products; (b) your breach of these Terms; (c) your violation of any law or third-party rights; (d) any fraud, manipulation, deception, or misrepresentation by you; or (e) any dispute between you and any third party.

XVIII. Dispute Resolution

The following terms govern all disputes, claims, and causes of action arising out of or relating to the Services, the Products, these Terms, and/or our Privacy Policy (collectively, "Disputes").

A. Class Action Waiver / Jury Trial Waiver

You and Tanks and Toilets agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. You and Tanks and Toilets agree that all Disputes shall be resolved by a judge rather than a jury.

B. Time Limitation

You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action.

C. Venue

All Disputes must be litigated in a federal or state court in Oklahoma County, Oklahoma. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for Oklahoma County, Oklahoma.

XIX. Termination

We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Sites and Apps, and to block or prevent future access for any reason or no reason.

XX. Survival

Any provision of these Terms that by its nature would extend beyond expiration or termination shall remain in effect, including provisions on intellectual property, disclaimers, limitation of liability, and dispute resolution.

XXI. Modification

We reserve the right to update and revise these terms at any time. Your continued use of the Services after we change the Terms constitutes your acceptance of the new Terms.

XXII. Successors and Assigns

These Terms will be binding on and inure to the benefit of the parties and their successors and assigns. You may not assign your rights under these Terms without our written permission.

XXIII. Waiver

Either party's failure to exercise any rights or waiver of any breach shall not prevent subsequent exercise of such right or be deemed a waiver of any subsequent breach.

XXIV. Severability

If any of these Terms are deemed invalid or unenforceable, that term will be severed and will not affect the validity of the remaining terms.

XXV. Entire Agreement

These Terms constitute the entire agreement between you and Tanks and Toilets with respect to the Services and supersede all prior agreements and communications.

XXVI. Contact Us

If you wish to contact us about these Terms, you can reach us at:

Tanks and Toilets, LLC 4401 W Reno Ave, Oklahoma City, OK 73107 ryan@tanksandtoilets.com 480-374-1512