Terms of Service

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Effective Date: July 8, 2025

Welcome to Dam It Defense! We specialize in the fabrication, installation, and storage of high-quality flood walls and barriers designed to protect your home. Before engaging our services, please carefully review the following Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Dam It Defense ("Company," "we," "us," or "our").

By ordering, scheduling, or receiving any of our services, including the fabrication, installation, or storage of flood protection products, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.1. Fabrication: We will fabricate flood walls and barriers ("Products") according to the specifications outlined in your individual proposal or contract. All materials used will be of a high quality and suitable for their intended purpose.

2.2. Installation: Our trained technicians will install the Products at the property address specified in the agreement. You are responsible for ensuring our technicians have safe and clear access to the installation area.

2.3. Storage: We offer optional off-site storage and installation services for your flood protection Products. Storage services are subject to the terms outlined in Section 9 of this agreement.

3.1. Property Condition: You warrant that the structures, buildings, and surfaces where the Products are to be installed are in sound condition and capable of withstanding the hydrostatic pressure and other forces associated with a flood event. We are not liable for any damage resulting from pre-existing structural deficiencies.

3.2. Site Preparation: You are responsible for preparing the installation site, which may include but is not limited to, clearing vegetation, moving personal property, and ensuring the area is free of obstructions.

3.3. Permitting and Regulations: You are responsible for understanding and complying with all local municipal and homeowner association (HOA) regulations regarding the installation and use of flood barriers. We will assist in providing necessary product specifications for any required permit applications.

3.4. Deployment and Removal: Unless otherwise specified in a separate service agreement, you are solely responsible for the deployment of the flood barriers prior to a flood event and their subsequent removal, cleaning, and preparation for storage.

4.1. Pricing: All prices for Products and services will be detailed in your written proposal or contract. Prices are subject to change without notice for future agreements.

4.2. Invoicing and Payment: A 50% deposit is required to commence fabrication. The remaining balance is due upon completion of the installation. For storage services, payment is due in advance on an annual recurring basis as specified in your storage agreement. Late payments may incur interest charges.

We warrant that our Products will be free from defects in materials and workmanship for a period of 5 years from the date of installation. This warranty is limited to the repair or replacement of the defective Product at our discretion. This warranty does not cover damage resulting from:

• Improper use, deployment, or removal by the Customer.
• Modifications or alterations made to the Products by any party other than the Company.
• Damage caused by natural disasters or flood events exceeding the specified design limitations of the Products.
• Failure of the structure to which the Products are attached.
• Normal wear and tear.

To make a warranty claim, you must provide written notice to us within 30 days of discovering the defect.

6.1. Custom-Fabricated Products: You acknowledge that our flood barrier Products are custom-fabricated to the unique specifications of your property. Due to their custom nature, they are not eligible for return or exchange.

6.2. Cancellation Prior to Fabrication: You may cancel your order for a full refund of your deposit, less any costs already incurred by the Company for site assessments or design work, by providing written notice to Dam It Defense within three (3) business days of signing your contract.

6.3. Cancellation After Fabrication Begins: If you choose to cancel your order after fabrication has commenced, your deposit will be forfeited, and you will be liable for the full contract price of the Products.

6.4. No Returns After Installation: Once the Products have been installed, they cannot be returned for a refund under any circumstances. If you believe a Product is defective, your sole remedy is to file a claim under our Limited Warranty (Section 5).

6.5. Annual Storage and Install Plans: Automatic renewal of your annual storage and install plan can be cancelled at anytime prior to 60 days before the anniversary of your plans renewal. Failure to cancel at least 60 days prior will result in an automatic renewal of an additional 1-year term.

7.1. No Guarantee Against Flooding: You acknowledge that flood protection products are designed to mitigate the risk of flood damage and do not guarantee the prevention of all water intrusion. The effectiveness of the Products is dependent on various factors beyond our control, including the severity of the flood event, proper deployment, and the condition of your property.

7.2. No Liability for Damages: In no event shall Dam It Defense, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, property damage, loss of profits, or personal injury, arising from the installation, use, performance, or failure of our Products.

7.3. Maximum Liability: If, notwithstanding the other provisions of these Terms, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Products or services, our liability shall in no event exceed the total amount you have paid to us for the services in question.

You agree to indemnify, defend, and hold harmless Dam It Defense, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our services using your account.

9.1. Storage Term: The storage term will be specified in your individual storage agreement and will automatically renew on an annual basis unless terminated by either party with a minimum of 60 days' written notice.

9.2. Storage Fees: Storage fees are due in advance and are non-refundable.

9.3. Access to Stored Property: Stored property is not accessible outside of an approaching hurricane in which the property is then delivered to your property address for installation.  Should you wish to access your property prior, you must cancel your storage and installation plan with Dam It Defense.  Upon cancellation of a storage and installation plan, Dam It Defense will deliver your property to the address on file within 60 days of cancellation.

9.4. Risk of Loss: All property is stored at your sole risk. We are not liable for any loss or damage to your stored Products from any cause whatsoever, including but not limited to, theft, fire, water damage, or acts of God. We do not provide insurance for stored property, and you are responsible for obtaining your own insurance coverage.

9.5. Abandonment: If you fail to pay storage fees for a period of 90 days, we will consider the property abandoned. We will provide written notice to your last known address. If the fees are not paid within 90 days of the notice, we reserve the right to sell or otherwise dispose of the property to cover the outstanding balance.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of our services shall be resolved through binding arbitration in St. Petersburg, Florida, in accordance with the rules of the American Arbitration Association.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at:

Dam It Defense 

200 Central Avenue, St. Petersburg, FL 33701

legal@damitdefense.com

727-344-9926