Terms of Use

1. Agreement to these Terms

Binding agreement. By accessing or using the Site in any way, including browsing its pages, using the damage check, submitting a form, chatting with our website assistant, tapping a telephone number or using the "Text a photo" link, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you use the Site on behalf of a business, a property owner, a tenant or another person, you represent that you are authorized to accept these Terms on their behalf, and "you" includes that person or business.

Other terms. Additional terms may apply to particular offers or features, and those terms will be presented to you when they apply. Restoration services are governed by a separate written agreement, as explained in Section 6.

Relationship to your service agreement. These Terms govern the Site. They do not replace, and are not replaced by, any work authorization or service agreement you sign with us, except as Section 6 describes.

2. Definitions

In these Terms, the following words have the meanings below:

• "Site" means nevadawaterdamage.com, including its Spanish-language pages under /es/, the plain-text (Markdown) versions of its pages, its llms.txt summary files, and any tools, forms, questionnaires, pop-ups, maps and chat features offered on those pages.
• "Content" means all text, guides, frequently asked questions, glossary entries, service descriptions, cost-factor descriptions, data, maps, photographs, graphics, logos, designs, code and other material on the Site, and the selection and arrangement of that material.
• "Services" means the restoration, mitigation, remediation, testing, cleaning, pack-out, board-up, tarping, storm response, reconstruction and related services we provide at properties, including water damage, mold, fire and smoke, sewage and biohazard, asbestos testing and commercial restoration services.
• "Service Agreement" means a written work authorization, service agreement, contract, change order or similar document that you sign with us in connection with Services.
• "Request" means a form submission, damage check summary, pop-up form submission, chat conversation, telephone call, voicemail, text message or email through which you ask us for information or Services.
• "Submission" means any information, text, message, photograph, image, document or other material you send to us through the Site or by text message, email or telephone.
• "Chat Assistant" means Dash, the automated chat assistant on the Site, powered by YelloPost AI.
• "Damage Check" means the short questionnaire on the Site that asks about your situation and summarizes your answers.
• "Nevada Water Damage Parties" means Rothwells Capitol, doing business as Nevada Water Damage, and its owners, officers, managers, employees, agents, successors and assigns, and its service providers, including our website provider, YelloPost.

3. About us

Nevada Water Damage is the trade name of Rothwells Capitol, located at 3011 S Valley View Blvd, Las Vegas, NV 89102. We provide Services across the Las Vegas valley, in English and Spanish. Our telephone line, (702) 213-9556, is answered 24 hours a day, 7 days a week.

Certification and licensing. Nevada Water Damage is an IICRC Certified Firm (#261729) and is licensed and insured in Nevada. License information is available on request by calling (702) 213-9556 or emailing [email protected]. References on the Site to industry standards, such as the IICRC S500 standard for professional water damage restoration and the IICRC S520 standard for professional mold remediation, describe the standards that guide the industry. They are not a guarantee of any particular outcome, and the scope of work for your property is set by your Service Agreement.

4. Eligibility and minors

You must be at least 18 years old, or the age of majority where you live, to submit a Request for Services or to enter into a Service Agreement. The Site is not directed to children under 13, and we do not knowingly collect personal information from them. Individuals under 18 should not submit Requests or use the Chat Assistant without the involvement of a parent or guardian. If there is an emergency and you are under 18, tell an adult, and call 911 if anyone is in danger.

5. The Site is for general information only

No professional advice. The Content, including service descriptions, guides, frequently asked questions, the glossary, cost-factor descriptions, insurance information, housing and climate data, the Damage Check and responses from the Chat Assistant, is provided for general informational purposes only. It is not professional, engineering, structural, legal, insurance, medical, health, environmental, financial or tax advice, and it is not a substitute for an inspection of your property by a qualified professional. Every property, loss and insurance policy is different.

No reliance for specific decisions. You should not make decisions about your property, your health, your insurance claim or your legal rights based solely on the Content. Consult an appropriate professional, such as a licensed contractor, engineer, industrial hygienist, physician, attorney or your insurance company, when your situation calls for it.

Emergencies. The Site is not an emergency service. If there is fire, smoke, a gas smell, electrical danger, structural collapse, flooding that threatens anyone's safety, or any other immediate danger, leave the area if it is safe to do so and call 911 first. Do not enter standing water where electricity may be present. After you are safe, you may call us at (702) 213-9556.

Safety information. General safety tips on the Site, such as shutting off water or avoiding affected areas, are offered for convenience. Follow them only if you can do so safely. We are not responsible for injury or damage resulting from actions you take based on general Content.

Hazardous conditions. Content about mold, sewage, biohazards, fire and smoke residue and asbestos is general. Whether a material contains asbestos can be determined only by testing, so please do not cut, sand, remove or otherwise disturb building materials that may contain asbestos, and avoid contact with sewage, standing water and visible mold growth, until the conditions have been assessed. Decisions about whether anyone should stay in or return to an affected property should take into account the advice of qualified professionals and, where health is a concern, a physician.

Accuracy and timeliness. We try to keep the Content accurate and current, but it may contain errors, omissions or outdated information, and it may change without notice. Data from third-party sources is described in Section 23.

6. Services are governed by a separate written agreement

Signed agreement required. We perform Services only under a Service Agreement signed at the property or otherwise signed by you. Submitting a Request, speaking with us, chatting with the Chat Assistant or receiving a confirmation email does not create a contract for Services and does not obligate you or us to proceed with any work.

What the Service Agreement covers. The Service Agreement, not these Terms, sets out the scope of work, pricing, payment terms, insurance billing arrangements, deductibles, warranties, responsibilities for access and utilities, and the other terms that apply to Services at your property.

Order of precedence. If there is any conflict between these Terms and a Service Agreement, the Service Agreement controls with respect to the Services. These Terms continue to govern your use of the Site.

Authority. By signing a Service Agreement, you represent that you own the property or are authorized by its owner to authorize the work.

7. Estimates, prices and cost information

General cost information. Descriptions on the Site of the factors that affect the cost of restoration, and any ranges or examples, are general information. They are not estimates, quotes, bids or offers, and they do not bind us.

Estimates. Any estimate we provide is based on the conditions we observe and the information available at the time. Estimates are not binding and may change if hidden damage, additional affected materials, code requirements, test results, changes requested by you or your insurer, or other conditions are discovered or arise. The final price for Services is determined under your Service Agreement.

Testing results. Where testing is performed, such as mold or asbestos testing, results depend on the samples taken and the laboratory's analysis and may affect the scope and cost of work.

8. Response times, arrival times and drying times

Our telephone line is answered 24 hours a day, 7 days a week, and we work to respond promptly. However, any statement on the Site, in the Chat Assistant, in a confirmation email or on a call about how quickly we can respond, when we can arrive, how long drying will take or how long a job will last is a good-faith goal or general estimate, not a guarantee. Actual times depend on factors outside our control, including demand, weather, traffic, the location and accessibility of the property, the extent and type of damage, building materials, safety conditions, test results, insurer approvals, and the availability of materials, subcontractors and laboratories.

9. Insurance matters

Coverage is decided by your insurer. Whether a loss is covered, and how much your insurance company pays, is determined solely by your insurance policy and your insurance company. We do not guarantee coverage, approval of a claim, the timing of a payment or any payment amount. Nothing on the Site is a promise, representation or opinion that a particular loss is covered.

We are not public adjusters. We are a restoration contractor. We are not public adjusters, insurance agents, insurance brokers or attorneys, and we do not negotiate your claim on your behalf in those capacities or give you legal or insurance advice. We may document damage, prepare estimates and communicate with your insurer about the work at your request or as your Service Agreement provides.

Your responsibility for payment. Unless your signed Service Agreement says otherwise, you remain responsible for any amounts your insurer does not pay, including your deductible, depreciation or holdback amounts not recovered, work outside the scope your insurer approves, and any items your policy excludes.

Insurer names. The Site may mention insurance companies by name to help you identify them. See Section 22.

Honesty in claims. You agree to provide truthful information to us and to your insurer. We will not participate in misrepresenting the cause, date, extent or cost of a loss.

10. Offers and promotions, including deductible offers

General. Offers and promotions described on the Site are available for a limited time, may be limited to certain Services, properties or circumstances, and may be changed or withdrawn at any time without notice. An offer applies only if it is confirmed in writing in your Service Agreement or in another writing signed by us.

Monthly deductible offer. From time to time the Site may describe an offer relating to insurance deductibles. Any such offer is subject to the terms of your insurance policy and to applicable law, must be confirmed in writing, and may end at any time. It is never an offer to misrepresent a loss, inflate a bill, conceal a discount from your insurer or do anything else that would be inconsistent with your policy or the law. If an offer cannot lawfully be provided in your circumstances, it does not apply.

No cash value. Unless stated otherwise in writing, offers have no cash value, cannot be combined with other offers and are not transferable.

11. The Damage Check and other interactive tools

The Damage Check asks a few questions about your situation, such as the source of the water, when the damage started, the size of the affected area and whether you have insurance, and summarizes your answers. The summary is general information meant to help you describe your situation and to help our team understand it before calling you. It is not an inspection, diagnosis, estimate, coverage opinion or recommendation, and it does not determine what work is needed. Only an inspection of the property can do that. Other interactive features, such as the service-area map, are provided for convenience and may be incomplete or inaccurate.

12. The Chat Assistant

Automated tool. The Chat Assistant, Dash, is an automated tool powered by YelloPost AI, an artificial-intelligence service provided through our website provider. It is not a person, and it is not a licensed professional of any kind.

May be inaccurate. Responses from the Chat Assistant are generated automatically. They are general information and may be incomplete, out of date or inaccurate, and they may occasionally be inconsistent with the Content or with what our team tells you.

Not binding. The Chat Assistant cannot make binding commitments. Nothing it says creates a contract, schedules a binding appointment, sets a price, commits to a timeline, approves a discount or offer, or determines insurance coverage. Only a Service Agreement, or a written confirmation from our team, binds us.

Your conversations. When you use the Chat Assistant, the contents of the conversation are processed as described in our Privacy Policy. If you give your name and telephone number, the conversation is sent to our team so that a person can follow up. Please do not enter financial account numbers, Social Security numbers, passwords or detailed medical information into the chat.

Proper use. You agree not to use the Chat Assistant to generate content unrelated to your property or our Services, to attempt to make it produce harmful, unlawful or misleading content, or to attempt to circumvent its safeguards.

13. Requests, calls, texts and your consent

Accurate information. When you submit a Request, you represent that the information you provide is accurate and complete to the best of your knowledge, that you are the subscriber or authorized user of the telephone number and email address you provide, and that you are authorized to request Services for the property involved.

Consent to be contacted. By submitting a Request with your telephone number, you ask and agree that Nevada Water Damage, and people acting on our behalf, may call you and send you text messages at that number about your Request, your property and any resulting Services, including follow-up about scheduling, documentation and billing, even if your number is on a federal, state or other do-not-call list. Where permitted by law, calls and texts may be placed using automated technology. Message and data rates may apply according to your mobile plan. Message frequency depends on your Request and your job.

No marketing texts. We do not send marketing text messages.

Consent is not required to buy. Consent to receive calls or texts is not a condition of purchasing any Services. You may call us instead at (702) 213-9556.

Opting out. You may withdraw consent at any time by replying STOP to any text message from us, by telling us on a call, or by emailing [email protected]. Opting out of one method does not opt you out of others unless you tell us so. If you have an active job, opting out may limit how we can reach you about it.

Changed numbers. If the telephone number you gave us is reassigned or you stop using it, please tell us promptly so that we do not contact someone else.

Recording. Calls to our published telephone numbers are announced as possibly recorded, and are recorded and transcribed, as described in our Privacy Policy. By continuing a call after the announcement, you consent to the recording and transcription. If you do not wish to be recorded, please end the call and contact us by email or mail.

Text a photo. The "Text a photo" link opens your own device's messaging app addressed to our number. Your mobile carrier's terms and rates apply to messages you send.

14. Electronic communications and signatures

Consent to electronic communications. By using the Site or submitting a Request, you consent to receive communications from us electronically, including by email, text message and postings on the Site, and you agree that all notices, disclosures, confirmations and other communications we provide electronically satisfy any legal requirement that they be in writing, to the extent permitted by law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Nevada Uniform Electronic Transactions Act.

Electronic signatures. If you sign a Service Agreement or other document electronically, you agree that your electronic signature is the legal equivalent of your handwritten signature.

Paper copies and withdrawal. You may ask for a paper copy of any document you have signed with us, and you may withdraw your consent to receive electronic communications, by contacting us as described in Section 47. Withdrawing consent does not affect the validity of electronic communications or signatures provided before the withdrawal.

Keeping your contact information current. You are responsible for giving us a working email address and telephone number and for keeping them current. To receive our emails, you need a device with internet access and an email account; to receive texts, you need a mobile device that can receive text messages.

15. Submissions and photographs

Your ownership. You keep ownership of the Submissions you send us, including photographs of your property.

License to us. You grant the Nevada Water Damage Parties a non-exclusive, royalty-free, worldwide license to use, copy, store, transmit, display and share your Submissions as needed to respond to your Request, assess and document your property and job, perform and bill for Services, communicate with your insurer and other people involved in your job as described in our Privacy Policy, keep business records, protect the Site, and comply with law. Photographs you text or send to us may be used to assess and document your job.

No publication of identifiable photos without permission. We will not publish identifiable photographs of your home, your belongings or you on the Site, on social media or in advertising without your permission.

Your responsibility. You represent that you have the right to send us each Submission and to grant the license above, and that your Submissions do not violate anyone's rights or any law. Do not send photographs of other people without their permission, and do not send content that is unlawful, obscene or harmful.

No obligation to review. We may, but are not required to, review or keep Submissions, and we may delete or decline to act on any Submission that violates these Terms.

16. Feedback

If you send us suggestions, ideas or other feedback about the Site or our Services, you agree that we may use, share and act on that feedback for any purpose without obligation or payment to you. This does not give us any right to publish your personal information, your photographs or a review in your name without your permission.

17. Acceptable use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
• Submit false, misleading or fraudulent Requests, or submit a Request about a property or on behalf of a person without authorization.
• Impersonate any person or business, including any Nevada Water Damage employee, an insurance company or an adjuster, or misrepresent your identity or your affiliation with any person or business.
• Use the forms, the Chat Assistant, our email address or our telephone numbers to send spam, unsolicited sales pitches, advertising, solicitations for business or chain messages.
• Submit Requests or chat messages by automated means, including bots, scripts or form-filling software, or submit repeated or duplicate Requests intended to burden our team.
• Interfere with, disable, bypass or attempt to defeat Cloudflare Turnstile, our automated screening or any other security, anti-abuse or access-control feature of the Site.
• Scrape, crawl, copy, harvest or collect Content or data from the Site by automated means, except that search engines and AI assistants may index publicly available pages in accordance with the instructions in our robots.txt file.
• Reverse engineer, decompile, disassemble or attempt to discover the source code of any non-public part of the Site or its tools, except to the extent the law expressly permits it despite this restriction.
• Attempt to gain unauthorized access to the Site, the servers that host it, our systems or any information about other visitors or customers.
• Upload, transmit or introduce viruses, malware or other harmful code, or conduct any denial-of-service or similar attack.
• Use the Site in any manner that could damage, disable, overburden or impair it or interfere with anyone else's use of it.
• Frame or mirror the Site, or use our name, logo or Content in a way that suggests we endorse or are affiliated with you or your products or services.
• Harass, threaten, abuse or use hateful or obscene language toward our team through the Site, the Chat Assistant, our telephone numbers or text messages.
• Use the Site to collect information about other people, or to compete with us by copying our Content.
• Encourage or help anyone else to do any of the above.

18. Automated screening and security features

Requests submitted through the Site are automatically screened for spam, abuse, duplicate submissions and unsolicited sales solicitations, and our forms use Cloudflare Turnstile, a bot-detection check. A message flagged by screening may be held for review by a person, may be delayed, and may not be delivered. Screening is imperfect and may occasionally hold a genuine Request. If you have submitted a Request and have not heard from us within a reasonable time, please call us at (702) 213-9556. We are not responsible for Requests that are not delivered because of screening, technical problems, incorrect contact information or circumstances outside our control.

19. Our intellectual property

Ownership. The Site and its Content are owned by Nevada Water Damage or by its licensors, including our website provider and the providers of licensed stock photography, and are protected by United States and international copyright, trademark and other intellectual property laws.

Limited license to you. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your personal, non-commercial purposes, which include learning about our Services, requesting Services and sharing links to Site pages. You may print or save a reasonable number of pages for your own reference, provided you do not remove any copyright or other notices.

Restrictions. Except as allowed above or by law, you may not copy, reproduce, republish, distribute, modify, create derivative works from, publicly display, sell or otherwise exploit any Content without our prior written permission.

Stock photography. Some photographs on the Site are licensed stock images and may not depict our customers' properties or our work. They are used to illustrate general conditions and Services.

Reservation of rights. All rights not expressly granted in these Terms are reserved by us and our licensors.

20. Trademarks

"Nevada Water Damage," our logo and other names, logos and slogans on the Site that identify us are our trademarks or trade names. You may not use them without our prior written permission, except to refer accurately to us. "IICRC" and related marks belong to their respective owner and are used to describe our certification.

21. Copyright complaints

We respect the intellectual property rights of others. If you believe that material on the Site infringes a copyright you own or control, you may send a written notice to us by email at [email protected], with the subject line "Copyright Notice," or by mail to Nevada Water Damage, Attn: Copyright Notice, 3011 S Valley View Blvd, Las Vegas, NV 89102. Consistent with 17 U.S.C. 512(c)(3), your notice should include:

• A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
• Identification of the copyrighted work you claim has been infringed, or, if several works are covered by one notice, a representative list of them.
• Identification of the material you claim is infringing, with enough information for us to locate it, such as the page address.
• Your name, mailing address, telephone number and, if available, email address.
• A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

Counter-notices. If material you provided was removed in response to a notice and you believe it was removed by mistake or misidentification, you may send us a counter-notice that includes the information described in 17 U.S.C. 512(g)(3).

Misrepresentations. Under 17 U.S.C. 512(f), a person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages. Please consider consulting an attorney before sending a notice or counter-notice.

22. Third-party names, links and content

Insurance company names. The Site may mention insurance companies and other businesses by name, and may display their names or marks, only to identify them, for example to explain that we work with policyholders of many insurers. Those names and marks belong to their owners. Their appearance on the Site does not mean that any insurer or other business endorses, sponsors or is affiliated with us, or that we have a contract with it, unless we say so expressly.

Links. The Site contains links to third-party websites and services, including review platforms, social networks, insurance companies and government agencies. We provide links for convenience only. We do not control, endorse or assume responsibility for the content, accuracy, availability, privacy practices or terms of any third-party website. Your use of a third-party website is at your own risk and subject to its terms.

Search engines and AI assistants. Search engines, AI assistants and other third-party services may index, quote or summarize Content from the Site. We do not control those services, and we are not responsible for how they present, summarize or change our Content, or for any answer they give about us. If you rely on information about us from another service, please confirm it on the Site or by calling us.

Third-party components. Parts of the Site rely on third-party services, such as Cloudflare Turnstile, map tiles provided by Esri through the Leaflet library, Google Fonts and, if you accept them, Google analytics and advertising measurement tools. Those services are provided by their owners under their own terms, and we are not responsible for their availability or performance.

23. Data sources

The Site presents information drawn from public and third-party sources, which may include the U.S. Census Bureau's American Community Survey, the U.S. Environmental Protection Agency, the Las Vegas Valley Water District and the National Weather Service, and industry standards such as IICRC S500 and IICRC S520. We present this information in good faith for general context. We do not guarantee its accuracy, completeness or timeliness, and the source organizations do not endorse us or the Site. Statistics are estimates that describe areas or populations and do not describe any particular property. For official or current information, consult the source directly.

24. Reviews and testimonials

Ratings and reviews shown on or linked from the Site come from customers who posted them on third-party platforms, such as Google, Yelp and Facebook. They reflect the individual experiences and opinions of those customers. They are not a guarantee, promise or prediction of the result you will receive, because every property and loss is different. We do not control those platforms, and the ratings and number of reviews on them may change over time. If you post a review on a third-party platform, that platform's terms govern your review.

25. Service areas and maps

Descriptions of the areas we serve, including the service-area map and the list of areas on our Areas page, are general. They do not guarantee that we can serve every address in a listed area or at every time, and we may serve properties outside the areas shown. Map boundaries and locations are approximate.

26. Availability and changes to the Site

We may change, suspend or discontinue any part of the Site, the Content, the Chat Assistant, the Damage Check or any other feature at any time, without notice and without liability to you. We do not guarantee that the Site will be available at any particular time or location, and the Site may be unavailable because of maintenance, updates, technical problems, third-party outages or events outside our control. When the Site is unavailable, you can still call us at (702) 213-9556.

27. Privacy

Our Privacy Policy explains how we collect, use, share and protect personal information, including information collected through forms, the Damage Check, the Chat Assistant, call recording and transcription, and analytics tools that load only if you choose "Accept all." By using the Site, you acknowledge the practices described in the Privacy Policy.

28. Accessibility

We want the Site to be usable by everyone. Our Accessibility Statement describes our goals, the accessibility features of the Site and how to get help. If you have difficulty using any part of the Site, please call us at (702) 213-9556 and we will help you directly.

29. Suspension of access

We may block, restrict, suspend or terminate your access to all or part of the Site, including the forms, the Chat Assistant or our telephone and text lines, at any time and without notice if we reasonably believe you have violated these Terms, are using the Site to send spam or solicitations, are harassing our team, or are creating risk or possible legal exposure for us or others. Sections of these Terms that by their nature should survive continue to apply after your access ends, as described in Section 45.

30. Disclaimer of warranties

THE SITE, THE CONTENT, THE DAMAGE CHECK, THE CHAT ASSISTANT AND ALL OTHER FEATURES AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NEVADA WATER DAMAGE PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE NEVADA WATER DAMAGE PARTIES DO NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY REQUEST WILL BE RECEIVED, DELIVERED OR ANSWERED WITHIN ANY PARTICULAR TIME; OR THAT ANY RESPONSE FROM THE CHAT ASSISTANT OR RESULT FROM THE DAMAGE CHECK WILL BE CORRECT OR SUITABLE FOR YOUR SITUATION.

THIS SECTION APPLIES TO THE SITE ONLY. ANY WARRANTY FOR SERVICES IS STATED IN YOUR SIGNED SERVICE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

31. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEVADA WATER DAMAGE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE CONTENT, THE DAMAGE CHECK OR THE CHAT ASSISTANT, OR YOUR USE OF OR INABILITY TO USE ANY OF THEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE NEVADA WATER DAMAGE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY TO YOUR USE OF THE SITE. THEY DO NOT APPLY TO SERVICES PERFORMED AT YOUR PROPERTY, WHICH ARE GOVERNED BY YOUR SIGNED SERVICE AGREEMENT AND APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD WHERE THE LAW DOES NOT PERMIT IT TO BE LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The disclaimers and limitations in Sections 30 and 31 are an essential part of the basis of the bargain between you and us, and they allow us to offer the Site, the Damage Check and the Chat Assistant free of charge.

32. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Nevada Water Damage Parties from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Site; (c) any Submission you send us, including any claim that a Submission infringes or violates the rights of a third party; (d) any false or misleading information you provide; or (e) your violation of any law or the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. This Section does not require you to indemnify us for our own negligence or misconduct, and it does not apply to claims about Services, which are governed by your Service Agreement.

33. Release for third-party disputes

Your dealings with third parties that you find through or that are mentioned on the Site, including insurance companies, adjusters, review platforms, government agencies and other websites, are solely between you and those third parties. To the fullest extent permitted by law, you release the Nevada Water Damage Parties from claims, demands and damages of every kind, known and unknown, arising out of or connected with any dispute between you and such a third party. This release does not apply to claims arising from our own conduct or from Services we perform, which are governed by your Service Agreement.

34. Force majeure

We are not responsible for any delay or failure to perform any obligation relating to the Site, or to respond to a Request, that is caused by events beyond our reasonable control, including natural disasters, severe weather, flooding, fire, widespread storms or other events that cause unusually high demand for restoration services, epidemics, acts of government, labor disputes, power, internet or telecommunications failures, failures of third-party service providers, and cyberattacks. Delays in performing Services are addressed in your Service Agreement.

35. Informal dispute resolution

We would like to resolve any concern you have quickly and fairly. Before filing a lawsuit about the Site or these Terms, you and we each agree to first try to resolve the dispute informally. The party raising the dispute should send the other a written notice that describes the dispute and the relief requested. Notices to us should be mailed to Nevada Water Damage, Attn: Dispute Notice, 3011 S Valley View Blvd, Las Vegas, NV 89102, with a copy emailed to [email protected]. We will send notices to you at the email or mailing address you have given us. For 30 days after the notice is received, the parties will negotiate in good faith to try to resolve the dispute. If the dispute is not resolved within that period, either party may proceed as described in Section 36.

This informal process does not prevent either party from seeking emergency or temporary relief from a court to stop ongoing harm, and it does not extend or shorten any statute of limitations except as allowed by law. Nothing in these Terms requires you to arbitrate a dispute or waives your right to participate in a class action. Disputes about Services are governed by your Service Agreement.

36. Governing law and venue

Governing law. These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-laws principles that would require the application of another jurisdiction's laws.

Venue. Subject to Section 35, any lawsuit arising out of or relating to these Terms or the Site must be brought exclusively in the state courts located in Clark County, Nevada, or in the United States District Court for the District of Nevada, and you and we each consent to the personal jurisdiction and venue of those courts and waive any objection that they are an inconvenient forum. This Section does not prevent either party from bringing an eligible claim in small claims court in Clark County, Nevada.

37. Time limit to bring claims about the Site

To the extent permitted by law, any claim or cause of action arising out of or relating to these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose. Otherwise, it is permanently barred. This time limit does not apply to claims about Services, which are governed by your Service Agreement and applicable law, or to any claim for which the law does not permit a shortened limitations period.

38. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempted assignment without consent is void. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

39. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, that provision will be enforced to the maximum extent permissible or limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

40. No waiver

Our failure or delay in enforcing any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if it is in writing and signed by us, and a waiver on one occasion is not a waiver on any other occasion.

41. Entire agreement

These Terms, together with our Privacy Policy, our Accessibility Statement and any additional terms presented to you for a particular feature or offer, are the entire agreement between you and us about the Site, and they supersede any prior or contemporaneous understandings about the Site. As Section 6 explains, your Service Agreement governs Services and controls over these Terms with respect to Services. No statement by the Chat Assistant, and no oral statement, modifies these Terms.

42. Headings and interpretation

Section headings and lead-in phrases are for convenience only and do not affect the meaning of these Terms. In these Terms, the words "including," "include" and "for example" mean "including without limitation," the word "or" is not exclusive, the singular includes the plural and the plural includes the singular, and references to a Section are to a section of these Terms. No provision will be construed against a party because that party drafted it.

43. Language

We provide a Spanish translation of the Site and of these Terms for your convenience, and we serve customers in English and Spanish. If there is any conflict or inconsistency between the English version of these Terms and a translation, the English version controls. If you have a question about the meaning of any provision in Spanish, please contact us and we will explain it.

44. Notices

Notices to you. We may give you notices by email or text message to the address or number you have given us, by mail, or by posting on the Site. Notices sent by email or text are effective when sent, and notices posted on the Site are effective when posted, unless the law requires otherwise.

Notices to us. Legal notices to us must be sent in writing by mail to Nevada Water Damage (Rothwells Capitol, DBA Nevada Water Damage), 3011 S Valley View Blvd, Las Vegas, NV 89102, with a copy emailed to [email protected]. Notices to us are effective when received. For requests for Services, please call (702) 213-9556 rather than sending a notice.

45. Survival

Any provision of these Terms that by its nature should survive the end of your use of the Site or the suspension of your access will survive, including Sections 5, 9, 12, 15, 16, 19 through 24, and 30 through 44.

46. Changes to these Terms

We may revise these Terms from time to time. When we do, we will post the revised Terms on this page and update the effective date at the top. If a change is material, we will provide additional notice on the Site for a reasonable period. Revised Terms apply to your use of the Site after they are posted. They do not apply to a dispute of which we had actual notice before the change was posted. If you do not agree to the revised Terms, you must stop using the Site. Your continued use of the Site after revised Terms are posted means that you accept them.

47. Contact

Questions about these Terms, notices and requests may be sent to:

• Nevada Water Damage (Rothwells Capitol, DBA Nevada Water Damage)
• Mail: 3011 S Valley View Blvd, Las Vegas, NV 89102
• Telephone: (702) 213-9556, answered 24 hours a day, 7 days a week
• Email: [email protected]
• IICRC Certified Firm #261729; licensed and insured in Nevada (license information available on request)
• Service in English and Spanish