1. Introduction and Acceptance of Terms
Welcome to the digital and service-oriented ecosystem operated by Byron Peay Drain Cleaning LLC, a limited liability company duly organized and existing under the laws of the state of Utah, with its principal place of business located at 870 N 300 E, Pleasant Grove, Utah 84062-1708, United States of America. These Terms of Service — hereinafter referred to as the Terms — constitute a legally binding contract between you, whether acting in your individual capacity or on behalf of an entity, and Byron Peay Drain Cleaning LLC, its affiliates, subsidiaries, successors, assigns, officers, employees, agents, and independent contractors. By accessing, browsing, or otherwise interacting with the website located at byronpeay.buzz, any subdomains thereof, mobile versions, application programming interfaces, or any digital platform that links to or incorporates these Terms, and by engaging, scheduling, requesting, or receiving any drain cleaning, plumbing inspection, pipe rehabilitation, excavation, hydro-jetting, sewer line maintenance, septic system evaluation, or related field services — collectively referred to as the Services — you expressly acknowledge that you have read, understood, and unconditionally agreed to be bound by all of the terms, conditions, policies, and notices contained or referenced herein.
If you do not agree with every provision set forth in these Terms, or if you lack the legal capacity or authority to enter into a binding agreement on your own behalf or on behalf of the entity you purport to represent, you are strictly prohibited from accessing or using any portion of the website or the Services and must immediately discontinue any and all interaction with Byron Peay Drain Cleaning LLC. Your continued use of the website, any submission of a service request form, any telephone or electronic communication inquiring about Services, or your physical presence at a job site where Services are being performed constitutes your irrevocable acceptance of these Terms in their entirety. Byron Peay Drain Cleaning LLC reserves the right, at its sole and absolute discretion, to modify, amend, supplement, or replace any section of these Terms at any time without prior notice to you, and it is your sole responsibility to periodically review this page for any such changes.
The Terms apply to all users of the website and recipients of Services, including without limitation browsers, vendors, customers, merchants, contributors of content, and any other party who interacts with the Company in any capacity. Your access to and use of the Services is also conditioned upon your acceptance of and compliance with the Privacy Policy of Byron Peay Drain Cleaning LLC, which is incorporated herein by reference and available at the privacy page linked from this website. The Privacy Policy describes how the Company collects, uses, stores, shares, and protects personal information provided by you, and by agreeing to these Terms, you also consent to the data practices described in the Privacy Policy. In the event of any inconsistency between these Terms and the Privacy Policy, the provisions of the Privacy Policy shall govern with respect to data privacy matters, and these Terms shall govern with respect to all other matters.
Byron Peay Drain Cleaning LLC operates within two distinct yet interconnected industry verticals: the traditional trade of drain cleaning and plumbing services, and the modern discipline of computer systems design and related services. This dual-domain expertise informs every aspect of the Terms, from how the Company schedules and dispatches technicians using proprietary routing algorithms to how it secures customer data using industry-standard encryption protocols. You understand that references to technology, data systems, digital infrastructure, and software platforms throughout these Terms are not merely aspirational but reflect the actual operational architecture that developer Byron Peay has designed and implemented to deliver the Services efficiently, reliably, and securely. The Company leverages custom-built scheduling software, automated notification systems, digital invoicing platforms, and GPS-optimized dispatching solutions that are intellectual property developed and maintained by developer Byron Peay as part of the computer systems design practice of the Company.
These Terms, together with any service order confirmation, statement of work, written estimate, or invoice issued by the Company for a specific service engagement, constitute the entire agreement between you and Byron Peay Drain Cleaning LLC with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
2. Description of Services
Byron Peay Drain Cleaning LLC provides a comprehensive suite of residential, commercial, and municipal drain cleaning and plumbing services throughout the Pleasant Grove, Utah service area and surrounding communities within Utah County, Salt Lake County, and, on a case-by-case basis, other regions as agreed upon in writing between the Company and the client. The core Services include, but are not limited to, the following categories of professional trade work: drain and sewer line cleaning utilizing mechanical cable machines, high-pressure hydro-jetting equipment, and sectional rodding tools; video camera inspection of drain, waste, and vent piping systems using high-definition push cameras and lateral launch crawlers; sewer lateral and main line repair and replacement, including trenchless pipe bursting, cured-in-place pipe lining, and traditional open-cut excavation methods; grease trap and interceptor cleaning, pumping, and disposal in compliance with local municipal pretreatment regulations; catch basin and storm drain cleaning and debris removal; septic tank locating, pumping, inspection, and effluent filter servicing; and emergency response services for drain backups, sewer overflows, flooding events, and other urgent plumbing system failures.
In addition to the traditional trade services enumerated above, the Company provides a parallel suite of technology-enabled service offerings that fall under the computer systems design and related services industry classification. These technology-oriented services include, but are not limited to: custom digital scheduling and dispatching platform development; plumbing system diagnostic software that interprets video inspection footage using computer vision algorithms; digital invoicing and payment processing systems; customer relationship management database architecture and maintenance; GPS fleet tracking and route optimization analytics; automated service reminder and maintenance scheduling notification systems; IoT sensor integration for sump pump and backwater valve monitoring; and data visualization dashboards for commercial and municipal clients who manage large portfolios of drain and sewer assets. These technology services are designed, developed, deployed, and maintained by developer Byron Peay, who serves as the lead systems architect and software engineer for the Company and whose expertise bridges the gap between traditional trade services and modern digital infrastructure.
The Company performs all Services using properly licensed, insured, and trained technicians who have undergone background checks and who participate in ongoing continuing education programs covering industry best practices, safety protocols, and emerging technologies. All field service vehicles are fully equipped with industry-standard drain cleaning apparatus, including sectional cable machines with torque-limiting safety features, high-pressure jetting units capable of delivering water at pressures up to 4,000 PSI, color push-rod inspection cameras with self-leveling heads and integrated sonde transmitters for utility locating, and personal protective equipment meeting or exceeding OSHA standards. The Company maintains commercial general liability insurance, workers compensation insurance, and automobile liability insurance with coverage limits that meet or exceed the requirements set forth by the state of Utah and any applicable local jurisdiction.
The Company makes no guarantee, warranty, or representation that any particular service outcome will be achieved, as the success of drain cleaning and plumbing repair operations depends upon a multitude of variables beyond the reasonable control of the Company, including but not limited to the age and material composition of existing piping infrastructure, the presence of undocumented or improperly installed fittings and connectors, soil conditions and ground movement, root intrusion severity, pipe deterioration from chemical exposure or electrolytic corrosion, the accuracy of existing as-built drawings or utility maps, and prevailing weather conditions at the time of service. The Company will, however, exercise commercially reasonable efforts to diagnose the underlying problem, recommend an appropriate course of action, and perform the agreed-upon Services in a workmanlike manner consistent with industry standards prevailing in the state of Utah at the time of performance. Any estimates provided by the Company — whether verbal, written, or electronic — are approximations based upon the information reasonably available at the time of estimation, and actual costs may vary due to conditions discovered during the performance of Services that were not reasonably foreseeable or discoverable during the initial assessment.
Emergency and after-hours Services are available subject to technician availability and may be subject to additional surcharges as described in the Payment Terms section below. The Company defines an emergency as a situation in which a drain or sewer backup presents an immediate risk of property damage, health hazard, or environmental contamination that cannot reasonably be postponed until the next business day without incurring material additional harm. The Company retains sole discretion to determine whether a service request qualifies as an emergency and whether after-hours dispatch is warranted under the circumstances described by the client. The Company further reserves the right to prioritize service calls based upon severity, geographic proximity, technician availability, and other operational factors, and does not guarantee any specific response time unless such a guarantee is explicitly stated in a written service level agreement signed by an authorized representative of the Company.
The Company may, from time to time, introduce new services, discontinue existing services, or modify the scope, features, pricing, or availability of any Service at its sole discretion without prior notice. Any new features or services that augment or enhance the current Services, including the release of new software tools, diagnostic technologies, or operational capabilities, shall be subject to these Terms. The Company may also engage qualified subcontractors or third-party service providers to perform certain components of the Services; in such cases, the Company shall remain primarily responsible for the quality and timeliness of the Services delivered and shall ensure that any subcontractor or third party meets the same qualifications, licensing, and insurance standards required of the Company. You agree that any claim arising from the acts or omissions of a subcontractor or third-party service provider engaged by the Company shall be brought solely against the Company and that you shall not pursue any direct action against such subcontractor or third party.
3. User Obligations and Responsibilities
As a user of the website and a recipient of the Services, you bear certain non-delegable obligations and responsibilities that are fundamental to the safety, efficiency, and successful outcome of the service engagement. By accessing the website and engaging the Company for Services, you represent and warrant that: (a) you are at least eighteen years of age and possess the legal capacity to enter into a binding contract; (b) all information you provide to the Company — including but not limited to your legal name, physical service address, telephone number, email address, billing information, and description of the plumbing or drain issue — is accurate, current, truthful, and complete; (c) you are either the legal owner of the property at which Services are to be performed or you have obtained the express written consent of the legal property owner to authorize the Services on their behalf; (d) you will maintain the confidentiality of any account credentials or access codes provided to you and will promptly notify the Company of any unauthorized use of your account or any other breach of security; and (e) you will not use the website or the Services for any unlawful purpose or in violation of any applicable federal, state, or local law, statute, ordinance, or regulation.
You are solely responsible for ensuring that the Company's technicians are provided with safe, unobstructed, and adequately illuminated access to the work area, including but not limited to the main sewer cleanout, any interior or exterior access points, the main water shutoff valve, the electrical panel if equipment requires power, and any crawlspace, basement, attic, or utility room that houses plumbing infrastructure. You agree to secure any pets, remove any hazardous materials or obstacles from the work area, and inform the technician of any known hazards or unusual conditions on the property, including but not limited to the presence of asbestos-containing materials, lead pipes, mold, structural instability, underground utilities not marked by the local utility locating service, septic systems that differ from standard configurations, buried electrical lines, or any other condition that could pose a risk to the safety of the technician or the integrity of the property. The Company reserves the right to refuse to commence or continue work if, in the sole judgment of the on-site technician or a Company supervisor, the work area presents an unreasonable safety risk, and in such cases, the Company may assess a trip charge or diagnostic fee even if the Services are not performed.
You further agree to comply with all applicable laws, regulations, and ordinances governing the maintenance and operation of the plumbing and drainage systems on your property, including but not limited to local building codes, plumbing codes, health department regulations, environmental protection regulations, and municipal sewer use ordinances. You acknowledge that the Company is not responsible for identifying or remedying any pre-existing code violations, unpermitted work, or other non-compliant conditions that may exist on your property, and that the Company's performance of Services does not constitute a certification or warranty that your plumbing or drainage system is in compliance with all applicable codes and regulations. If the Company discovers conditions that, in its professional judgment, constitute a code violation or a safety hazard, the Company may notify you of such conditions but is under no obligation to report them to any governmental authority, and you remain solely responsible for addressing any such conditions at your own expense.
When you use the website, you agree not to engage in any activity that: (i) violates any applicable law or regulation; (ii) infringes upon the intellectual property rights, privacy rights, or any other rights of the Company or any third party; (iii) introduces viruses, malware, worms, Trojan horses, time bombs, logic bombs, or any other harmful or malicious code into the website or the Company's information systems; (iv) attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (v) attacks the website via a denial-of-service attack or a distributed denial-of-service attack; (vi) uses any robot, spider, scraper, or other automated means to access the website for any purpose without the Company's express prior written permission; (vii) collects or harvests any personally identifiable information from the website; or (viii) otherwise attempts to interfere with the proper working of the website or the Company's delivery of Services.
Your obligation to provide accurate and complete information extends to all stages of the service engagement, including initial inquiry, scheduling, on-site diagnosis, and post-service follow-up. You must promptly notify the Company of any changes to your contact information, billing information, or the physical condition of the property that may affect the performance or scheduling of the Services. If you discover any damage to your property that you believe was caused by the Company's technicians, you must notify the Company in writing within forty-eight hours of the completion of the service visit, providing a detailed description of the alleged damage and photographic documentation. Failure to notify the Company within this timeframe may compromise the Company's ability to investigate and address your concerns and may limit the remedies available to you under these Terms or applicable law.
4. Payment Terms and Billing
The Company offers a variety of pricing models tailored to the nature and scope of each service engagement, and the specific pricing applicable to your engagement will be communicated to you prior to the commencement of Services through one or more of the following methods: a formal written estimate, a verbal price quote confirmed by the technician on-site, a flat-rate price sheet, a time-and-materials rate card, or a pricing schedule displayed on the website for standardized service packages. By authorizing the Company to proceed with the Services after receiving pricing information through any of these channels, you agree to pay the full amount invoiced in accordance with the payment terms stated on the invoice. For time-and-materials engagements, the Company charges an hourly labor rate plus the cost of any materials, equipment, disposal fees, permit fees, and other direct expenses incurred in the performance of the Services, and you agree that the Company may also charge a reasonable markup on materials and disposal fees to cover procurement, handling, transportation, and administrative overhead.
Payment for Services is due at the time of service completion unless alternative payment arrangements have been agreed upon in writing prior to the commencement of work. The Company accepts payment via cash, check, major credit and debit cards, automated clearing house transfers, and, for commercial clients with established credit accounts, net-thirty-day invoicing subject to prior credit approval. All credit card and ACH payments are processed through a PCI-DSS compliant third-party payment processor, and the Company does not store full credit card numbers, CVV codes, or bank account numbers on its own servers. You represent and warrant that you are authorized to use the payment method you provide and that all payment information you submit is accurate and complete. In the event that a payment is declined, returned, or otherwise dishonored, the Company reserves the right to suspend further Services, charge a returned payment fee of up to the maximum amount permitted by Utah law, and pursue all available legal remedies to collect the outstanding balance.
Late payments are subject to finance charges at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is less, calculated from the date payment was due until the date payment is received in full. The Company may also charge a late fee of up to twenty-five dollars for each billing cycle in which a payment remains past due. You agree to reimburse the Company for all costs and expenses incurred in connection with the collection of any past-due amounts, including but not limited to collection agency fees, court costs, and reasonable attorneys fees, whether or not litigation is commenced. The Company may, at its discretion, report past-due accounts to one or more consumer credit reporting agencies, and you consent to such reporting. In addition, the Company reserves the right to place a mechanics lien or materialmans lien against the property where Services were performed in accordance with Utah Code Title 38, Chapter 1, and to take all actions necessary to perfect and enforce such lien.
For emergency and after-hours Services, the Company applies surcharges in addition to the standard rates. These surcharges are disclosed to you at the time of scheduling and may include a flat after-hours dispatch fee, an overtime hourly rate multiplier, and a holiday premium for Services performed on designated holidays including New Years Day, Independence Day, Thanksgiving Day, and Christmas Day. The Company may also impose a minimum service charge for any dispatched visit, regardless of the duration of the visit or whether any repair or maintenance work is ultimately performed. This minimum service charge covers the cost of dispatching a technician with a fully equipped service vehicle to your location and, where applicable, the time spent by the technician diagnosing the problem and providing recommendations, even if you elect not to proceed with the recommended course of action.
All prices, rates, and fees quoted by the Company are exclusive of applicable federal, state, and local taxes, including but not limited to sales tax, use tax, excise tax, and any other governmental charges imposed on the sale or performance of the Services. You are responsible for paying all such taxes, and the Company shall add the appropriate tax amounts to each invoice as required by law. If you claim an exemption from any tax, you must provide the Company with a valid and properly completed tax exemption certificate prior to the issuance of an invoice. The Company will honor valid tax exemption certificates to the extent required by law but makes no representation or warranty regarding the applicability of any particular tax exemption to your specific circumstances, and you are encouraged to consult with a qualified tax professional.
5. Service Scheduling and Cancellation Policy
The Company maintains a digital scheduling platform designed and developed by developer Byron Peay that integrates GPS-based technician tracking, automated appointment confirmation and reminder notifications via SMS and email, real-time estimated time of arrival calculations, and two-way communication channels between clients and the central dispatch office. When you schedule a service appointment — whether through the website, by telephone, by email, or through any other communication channel — the Company will make commercially reasonable efforts to arrive within the scheduled time window. However, due to the inherently unpredictable nature of drain cleaning and emergency plumbing work, in which an earlier service call may reveal a significantly more complex and time-consuming problem than anticipated, the Company cannot and does not guarantee arrival at any specific time. You acknowledge that estimated arrival times are approximations only and that the Company shall not be liable for any delay in arrival, failure to arrive within a stated window, or rescheduling of an appointment necessitated by operational exigencies beyond the reasonable control of the Company.
The Company requires a minimum of twenty-four hours advance notice for the cancellation or rescheduling of any non-emergency service appointment. Cancellations or rescheduling requests received with less than twenty-four hours notice may be subject to a cancellation fee equal to the greater of the Company's minimum service charge or fifty percent of the estimated cost of the scheduled Services. For scheduled appointments that involve significant advance preparation — including but not limited to excavation, trenchless pipe repair, sewer lateral replacement, or any work requiring municipal permits, utility locates, or specialized equipment rental — the Company requires a minimum of seventy-two hours advance notice for cancellation or rescheduling, and cancellations made within seventy-two hours of the scheduled start time may be subject to a cancellation fee equal to the full estimated cost of mobilization, equipment preparation, and any non-refundable permit or rental fees already incurred by the Company. The Company may waive or reduce cancellation fees at its sole discretion in cases of documented emergency, severe weather, or other circumstances that, in the Company's reasonable judgment, made it infeasible for the client to provide the required advance notice.
If the Company is unable to access the work area upon arrival due to circumstances within your control — including but not limited to locked gates, aggressive pets, unsafe conditions, the absence of an authorized adult at the premises, or the failure to provide required access codes or keys — the Company may, after making reasonable attempts to contact you using the telephone number and email address on file, declare the appointment a no-access situation and depart the premises. In such cases, the full minimum service charge or trip fee will be assessed, and you will be responsible for rescheduling the appointment at your convenience. The Company shall not be responsible for any consequences, including property damage, that result from its inability to access the work area due to circumstances within your control. Repeated no-access occurrences may result in the Company requiring prepayment for future service appointments or declining to schedule further Services.
The Company reserves the right to reschedule or cancel any service appointment due to weather conditions that, in the Company's sole judgment, would make the performance of Services unreasonably dangerous, impractical, or likely to cause property damage. Such conditions may include, but are not limited to, heavy rain or snow that would compromise excavation stability, lightning storms that pose an electrocution risk to technicians operating metal cable machines outdoors, extreme temperatures that could damage sensitive electronic inspection equipment, or natural disasters including floods, earthquakes, and wildfires. In the event that the Company cancels an appointment for weather-related or safety-related reasons, the Company will make reasonable efforts to reschedule the appointment at the earliest mutually convenient time, and no cancellation fee will be assessed against you. The Company may also reschedule or cancel appointments due to technician illness, vehicle breakdown, equipment failure, or other unforeseen operational disruptions; in such cases, the Company will endeavor to provide you with as much advance notice as reasonably practicable and will prioritize the rescheduling of your appointment.
For recurring maintenance services — including but not limited to quarterly grease trap pumping, semi-annual drain line preventative maintenance, and annual septic system inspections — the Company may offer service agreements or maintenance contracts with specific scheduling, pricing, cancellation, and renewal provisions. The terms of any such service agreement or maintenance contract, if executed in writing by both parties, shall supplement these Terms and, in the event of any conflict, shall govern with respect to the specific recurring Services covered by such agreement. Unless otherwise specified in the service agreement, recurring maintenance services scheduled as part of a service agreement remain subject to the cancellation policies set forth in this section, although the Company may offer more flexible cancellation terms to clients under active service agreements as a courtesy.
6. Limitation of Liability
To the fullest extent permitted by applicable law, Byron Peay Drain Cleaning LLC, its officers, directors, members, managers, employees, agents, affiliates, successors, assigns, and independent contractors shall not be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages of any kind, including but not limited to damages for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of use, loss of data, business interruption, cost of substitute services, or any other pecuniary loss, whether such damages are based on contract, tort (including negligence), strict liability, warranty, statute, or any other legal theory, and regardless of whether the Company was advised, had reason to know, or was otherwise aware of the possibility of such damages. This limitation of liability applies to all claims arising out of or relating to these Terms, the website, the Services, any products or equipment used or installed in connection with the Services, and any act or omission of the Company, whether such claim arises before, during, or after the performance of the Services and regardless of the form of action.
The Company's total aggregate liability to you for all claims arising out of or relating to these Terms, the website, or the Services — whether based on contract, tort (including negligence), strict liability, warranty, statute, or any other legal theory — shall in no event exceed the greater of: (a) the total amount actually paid by you to the Company for the specific Service engagement that gave rise to the claim during the twelve-month period immediately preceding the event giving rise to the claim; or (b) one thousand United States dollars. This monetary limitation is a material term of these Terms and reflects a bargained-for allocation of risk between you and the Company. You acknowledge that the Company would not be willing to provide the Services at the prices charged without the benefit of this limitation of liability, and that the consideration provided by you under these Terms is adequate to support this limitation.
The limitations of liability set forth in this section shall not apply to: (a) damages caused by the Company's gross negligence, willful misconduct, or fraud; (b) damages for bodily injury or death caused by the Company's negligence; (c) damages for which liability cannot be limited or excluded under applicable law, including certain rights that may be conferred by consumer protection statutes that cannot be waived by private agreement; or (d) any other liability that cannot be excluded or limited under applicable law. However, with respect to all other claims, the limitations set forth in this section shall apply to the maximum extent permitted by law. You agree that any claim or cause of action arising out of or related to these Terms, the website, or the Services must be filed within one year after the claim or cause of action arose, regardless of any statute of limitations to the contrary, and that any claim not filed within this one-year period shall be permanently barred. This contractual limitations period overrides any longer statute of limitations that might otherwise apply under Utah law or the law of any other jurisdiction.
You expressly acknowledge and agree that the Company shall not be liable for any damage, loss, or injury resulting from: (i) your failure to provide accurate or complete information regarding the nature, location, or severity of the plumbing or drain issue; (ii) pre-existing defects, deterioration, or damage to piping, fixtures, or other plumbing infrastructure that existed prior to the Company's performance of Services; (iii) the natural aging, corrosion, or degradation of plumbing materials, including cast iron, galvanized steel, Orangeburg, clay tile, and other legacy pipe materials that may be compromised by normal drain cleaning operations despite the exercise of reasonable care; (iv) damage to landscaping, hardscaping, driveways, sidewalks, or other surface improvements that necessarily results from excavation or other subsurface work that you authorized; (v) damage to underground utilities that were not properly marked by the applicable utility locating service or that were not disclosed to the Company prior to the commencement of work; (vi) any act or omission of a third party not under the direct supervision and control of the Company, including other contractors, utility companies, or municipal authorities; or (vii) any force majeure event as described elsewhere in these Terms.
The allocation of risk reflected in the limitations and exclusions set forth in this section is a fundamental element of the basis of the bargain between you and the Company, and the Company's pricing of the Services reflects this allocation of risk. If any portion of this limitation of liability is found to be invalid, illegal, or unenforceable for any reason, then the aggregate liability of the Company shall be limited to the maximum extent permitted by applicable law, and the remaining portions of this section shall remain in full force and effect. You acknowledge that the limitations of liability set forth in this section are reasonable and that you have had the opportunity to negotiate different terms, including the option to purchase additional insurance coverage or to negotiate a higher liability cap in exchange for increased service pricing, and that your decision to proceed under these Terms constitutes acceptance of the risk allocation described herein.
7. Disclaimer of Warranties
Except as expressly set forth in a written warranty document signed by an authorized representative of the Company, the website and all Services are provided on an as-is and as-available basis, without any representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Byron Peay Drain Cleaning LLC expressly disclaims all warranties, express and implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that may arise from course of dealing, course of performance, or usage of trade. The Company does not warrant that the website will be uninterrupted, timely, secure, virus-free, or error-free; that any defects or errors in the website will be corrected; that the information contained on the website is accurate, reliable, complete, or current; or that the results that may be obtained from the use of the Services will be accurate or reliable.
With respect to the physical Services performed at your property, the Company disclaims any and all warranties except for a limited workmanship warranty covering defects in the workmanship of Services performed by the Company's technicians for a period of thirty days from the date of service completion. This limited workmanship warranty extends only to the specific work performed by the Company and does not cover: (a) any pre-existing conditions, latent defects, or deterioration of the plumbing system that existed prior to the Company's service; (b) any damage caused by root regrowth, ground shifting, seismic activity, flooding, freezing, or any other environmental or geological condition; (c) any damage caused by misuse, abuse, neglect, or improper maintenance by you or any third party; (d) any damage caused by the introduction of inappropriate materials into the plumbing system, including but not limited to grease, oil, chemicals, non-dispersible wipes, feminine hygiene products, and construction debris; (e) any damage resulting from modifications, repairs, or alterations to the plumbing system performed by any party other than the Company; or (f) any materials, parts, equipment, or fixtures that are covered by a separate manufacturer's warranty, with respect to which the Company assigns to you, to the extent permitted, any rights it may have under such manufacturer's warranty.
The Company's technology platforms — including its scheduling system, customer portal, video inspection analysis software, and any other software tools made available to you — are provided on an as-is basis without warranty of any kind. The Company does not warrant that its technology platforms will meet your specific requirements, that they will operate in the combinations that you may select for use, or that they will be compatible with your devices, browsers, operating systems, or network configurations. You acknowledge that the technology platforms may contain bugs, errors, or vulnerabilities, and you assume all risks associated with your use of such platforms. The Company may, at its discretion, release updates, patches, or new versions of its technology platforms, but has no obligation to do so and may discontinue support for any platform at any time without notice or liability.
The Company makes no warranty or representation regarding the condition of your plumbing or drainage system after the performance of Services, and nothing in these Terms or in any communication from the Company shall be construed as a guarantee, promise, or assurance that the plumbing or drainage system will remain free from blockages, backups, leaks, or other issues for any period of time. Drain cleaning is a maintenance procedure, not a permanent cure, and the recurrence of clogs, slow drains, or backups is a normal aspect of plumbing system operation that is influenced by usage patterns, material degradation, environmental factors, and other variables beyond the Company's control. The Company recommends regular preventative maintenance at intervals appropriate to the specific conditions of your property, but the decision to schedule such maintenance rests solely with you, and the Company assumes no liability for problems that develop between scheduled maintenance visits.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the Company's warranties and liability shall be limited to the maximum extent permitted by law. You may also have other rights that vary from jurisdiction to jurisdiction, and nothing in these Terms is intended to affect any rights that you may have under applicable consumer protection laws that cannot be waived by private agreement. If any provision of this disclaimer or limitation is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
8. Indemnification
You agree to defend, indemnify, and hold harmless Byron Peay Drain Cleaning LLC, its members, managers, officers, directors, employees, agents, affiliates, successors, assigns, contractors, and representatives from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses of any kind — including but not limited to reasonable attorneys fees, expert witness fees, court costs, and investigation costs — arising out of, relating to, or resulting from: (a) your use of the website or the Services, including any content you submit, post, transmit, or otherwise make available through the website; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, statute, ordinance, regulation, or code; (d) your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, and property rights; (e) any misrepresentation, inaccuracy, or omission in any information you provide to the Company; (f) any damage to the property of a third party resulting from your failure to provide accurate information regarding property boundaries, utility locations, or easements; (g) any personal injury or property damage arising from hazardous conditions on your property that you failed to disclose to the Company; or (h) any claim by a third party arising from your acts or omissions in connection with the Services.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defenses and shall not settle any such matter without the Company's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Your obligation to indemnify the Company under this section shall survive the termination of these Terms and the completion or cessation of the Services. The Company shall provide you with prompt written notice of any claim, demand, or action that it believes is subject to indemnification under this section, provided that the Company's failure to provide such notice shall not relieve you of your indemnification obligations except to the extent that you are actually and materially prejudiced by such failure.
The indemnification obligations set forth in this section are in addition to, and not in lieu of, any other remedies that may be available to the Company at law or in equity, including but not limited to the right to seek injunctive relief, specific performance, or any other equitable remedy. You acknowledge that monetary damages may not be a sufficient remedy for certain breaches of these Terms and that the Company shall be entitled to seek injunctive relief, specific performance, and other equitable remedies without the necessity of posting a bond or proving actual damages. The prevailing party in any action to enforce the terms of this indemnification provision shall be entitled to recover its reasonable attorneys fees and costs from the non-prevailing party.
You agree to maintain adequate insurance coverage — including but not limited to homeowners insurance, commercial general liability insurance, or renters insurance, as applicable — that provides coverage for property damage and personal injury claims arising from or related to the Services performed at your property. Upon the Company's reasonable request, you shall provide evidence of such insurance coverage. Your failure to maintain adequate insurance coverage shall not limit or diminish your indemnification obligations under this section, and you acknowledge that the Company's agreement to perform Services at your property is conditioned in part upon your assumption of the indemnification obligations set forth herein, which obligations are independent of and in addition to any insurance coverage you may carry.
9. Intellectual Property
The website, including but not limited to its entire contents, features, and functionality — encompassing all information, text, images, graphics, logos, icons, button designs, audio clips, video content, digital downloads, data compilations, and software — is the exclusive property of Byron Peay Drain Cleaning LLC, its licensors, or other providers of such material, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The compilation of all content on the website is the exclusive property of the Company and is protected by U.S. and international copyright laws. The trademarks, service marks, trade names, logos, and trade dress displayed on the website — including but not limited to the name Byron Peay Drain Cleaning LLC, the byronpeay.buzz domain name, and all associated word marks, design marks, and slogans — are registered or unregistered trademarks of the Company in the United States and other countries and may not be used in connection with any product or service that is not expressly authorized in writing by the Company, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company.
Developer Byron Peay has created and continues to maintain a portfolio of proprietary software applications, algorithms, databases, APIs, user interfaces, and documentation — collectively referred to as the Technology Assets — that power the Company's digital scheduling platform, customer management system, video inspection analysis software, automated notification engine, GPS fleet tracking dashboard, and all other software-based components of the Company's technology infrastructure. These Technology Assets constitute valuable trade secrets and copyrighted works of the Company, and all right, title, and interest in and to the Technology Assets, including all intellectual property rights therein and any improvements, enhancements, modifications, or derivative works thereof, shall remain the sole and exclusive property of the Company. The design, architecture, source code, object code, algorithms, data structures, user interfaces, and documentation of the Technology Assets were developed by developer Byron Peay with substantial investments of time, skill, and resources, and the Company vigorously protects its Technology Assets through a combination of copyright, trade secret, and contractual protections.
Your use of the website and the Services does not grant you any right, title, or interest in or to any of the Company's intellectual property, and you are granted only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website and any client-facing software tools solely in connection with your receipt of the Services, subject to your compliance with these Terms. You shall not: (a) copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the website or any Technology Asset; (b) distribute, sell, resell, rent, lease, lend, sublicense, assign, or otherwise transfer any rights in or to the website or any Technology Asset to any third party; (c) remove, obscure, or alter any copyright, trademark, patent, or other proprietary notices affixed to or contained within the website or any Technology Asset; (d) use the website or any Technology Asset for the purpose of developing a competing product or service; or (e) access or use the website or any Technology Asset in any manner that exceeds the scope of the license granted herein.
Any feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide to the Company regarding the website or the Services — whether solicited or unsolicited — shall be deemed non-confidential and non-proprietary, and the Company shall be free to use, disclose, reproduce, modify, license, transfer, and otherwise exploit such feedback in any manner and for any purpose without obligation or compensation to you. You hereby assign to the Company all right, title, and interest in and to any feedback you provide, including all intellectual property rights therein, and you agree to execute any documents and take any actions reasonably requested by the Company to perfect, protect, or enforce the Company's rights in such feedback. You further agree not to submit any feedback that is subject to any third-party intellectual property rights or that you consider confidential or proprietary, as the Company does not undertake any obligation of confidentiality with respect to feedback.
10. Third-Party Links and Services
The website may contain links to third-party websites, services, applications, or resources that are not owned, operated, or controlled by Byron Peay Drain Cleaning LLC. These links are provided solely for your convenience and reference and do not constitute or imply any endorsement, sponsorship, recommendation, or affiliation by the Company of the linked website, service, or resource, or of the products, services, information, or content made available through such linked website, service, or resource. The Company has no control over, and assumes no responsibility for, the content, accuracy, completeness, legality, privacy practices, or availability of any third-party website, service, or resource. You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage, loss, injury, or claim arising from or relating to your use of, reliance upon, or interaction with any third-party website, service, or resource, regardless of whether the link to such third-party website, service, or resource was provided on the Company's website.
When you follow a link from the website to a third-party website or service, you are subject to the terms and conditions, privacy policies, and other rules and policies of that third party. You are encouraged to review the terms of service and privacy policy of any third-party website or service before providing any personal information or engaging in any transaction. The Company's inclusion of a link to a third-party website or service does not imply that the linked website or service has been reviewed, evaluated, or approved by the Company for accuracy, safety, or suitability, and the Company assumes no obligation to review, verify, or monitor the content of any linked website or service. You access all third-party websites and services at your own risk, and you are solely responsible for reading and understanding the terms and privacy policies that apply to your use of such third-party websites and services.
The Company may integrate or reference third-party services, APIs, or software libraries within its own systems and platforms to provide enhanced functionality or operational efficiency. Such third-party integrations may include, but are not limited to, payment processing gateways, mapping and geolocation services, SMS and email delivery platforms, cloud hosting and storage providers, and analytics services. While the Company exercises reasonable care in the selection of its third-party integration partners, the Company does not warrant or guarantee the performance, reliability, or security of any third-party service, and you agree that the Company shall not be liable for any failure, interruption, error, or security breach attributable to a third-party service. Any claim you may have arising from a third-party service must be brought against the third-party service provider, not the Company.
The Company may display advertisements, sponsored content, or promotional materials on the website from third-party advertisers, partners, or sponsors. The manner, mode, and extent of such advertising is subject to change without specific notice to you. You agree that the Company shall not be responsible or liable for any loss or damage incurred by you as a result of any dealings with advertisers or as a result of the presence of such advertisements on the website. Any business dealings, correspondence, or participation in promotions with advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser.
11. Termination
These Terms shall remain in full force and effect for as long as you continue to access the website or receive Services from Byron Peay Drain Cleaning LLC. The Company reserves the right to terminate or suspend your access to the website, your account, and your ability to schedule or receive Services, in whole or in part, at any time and for any reason, with or without cause, and with or without prior notice, in the Company's sole and absolute discretion. Grounds for termination may include, but are not limited to: (a) your breach or violation of any provision of these Terms or any other agreement between you and the Company; (b) your failure to pay any amounts when due; (c) your provision of false, inaccurate, or misleading information; (d) your engagement in conduct that the Company, in its sole judgment, deems to be abusive, threatening, harassing, or otherwise inappropriate toward the Company's technicians, employees, or representatives; (e) your repeated failure to provide safe access to the work area; (f) your filing of a frivolous or bad-faith complaint, chargeback, or dispute; (g) your solicitation of the Company's employees or technicians for employment outside the Company; (h) your unauthorized use of the Company's intellectual property; (i) any act or omission by you that exposes the Company to legal liability, regulatory action, or reputational harm; or (j) any other reason that the Company, in its sole judgment, determines is sufficient to warrant termination.
Upon termination of these Terms for any reason: (i) your right to access and use the website and to receive Services shall immediately cease; (ii) you shall immediately pay all outstanding amounts owed to the Company, including any amounts for Services performed prior to termination and any applicable termination fees or finance charges; (iii) the Company may delete or deactivate your account and all related information, files, and content without liability; (iv) all licenses and rights granted to you under these Terms shall immediately terminate; and (v) any provisions of these Terms that, by their nature, should survive termination — including but not limited to the provisions relating to payment obligations, limitation of liability, disclaimer of warranties, indemnification, intellectual property, governing law, and dispute resolution — shall survive and continue in full force and effect. Termination of these Terms shall not affect any rights or obligations that accrued prior to the effective date of termination, and all remedies available to the Company at law or in equity shall survive termination.
You may terminate these Terms by ceasing all use of the website and providing written notice to the Company of your intent to terminate, provided that such termination shall not relieve you of any obligations that accrued prior to the effective date of termination, including any payment obligations, and shall not affect any ongoing service engagements that have been scheduled or commenced prior to the date of your termination notice with respect to which the Company is entitled to complete the Services and receive payment in full. The Company may, at its discretion, require that you complete a termination request form and verify your identity before processing your termination request. After termination, the Company may retain certain information about you as required by applicable law or as permitted under the Company's Privacy Policy.
The Company's decision to not exercise or enforce any right or provision of these Terms upon any particular occasion or with respect to any particular party shall not constitute a waiver of such right or provision with respect to any other occasion or party. No waiver of any term or condition shall be effective unless in writing and signed by an authorized representative of the Company. The Company may assign these Terms, in whole or in part, at any time without notice to you; you may not assign these Terms or any of your rights or obligations hereunder without the Company's prior written consent, and any attempted assignment in violation of this restriction shall be null and void.
12. Governing Law and Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the Services — whether based on contract, tort (including negligence), statute, fraud, misrepresentation, or any other legal theory — shall be governed by and construed in accordance with the laws of the state of Utah, without giving effect to any conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. This choice of law applies to all substantive and procedural matters, including but not limited to statutes of limitations, burdens of proof, standards of review, available remedies, and rules of evidence. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transaction conducted through or in connection with the website or the Services.
Before initiating any formal legal proceeding, you and the Company agree to attempt to resolve any dispute informally through good-faith negotiations. The party seeking to initiate informal resolution shall provide written notice to the other party describing the nature and basis of the dispute, the specific relief sought, and any relevant supporting documentation. The receiving party shall have thirty days from receipt of such notice to respond in writing. If the dispute is not resolved through informal negotiations within sixty days after the initial notice was provided, either party may proceed to initiate formal dispute resolution in accordance with the remainder of this section. This informal dispute resolution procedure is a mandatory precondition to the filing of any lawsuit, arbitration demand, or other formal proceeding, and any complaint filed without first complying with this procedure shall be subject to dismissal without prejudice.
Any dispute, claim, or controversy arising out of or relating to these Terms that is not resolved through the informal negotiation process described above shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except as otherwise provided in this section. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or, if the parties cannot agree, appointed by the American Arbitration Association. The arbitration shall take place in Utah County, Utah, unless the parties mutually agree in writing to a different location or to conduct the arbitration remotely via videoconference. The arbitrator shall have the authority to award any remedies that would be available in a court of law, including monetary damages and injunctive relief, but shall not have the authority to award punitive or exemplary damages except as expressly provided by the governing statute under which the claim is brought. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
To the fullest extent permitted by applicable law, you and the Company agree that any dispute resolution proceeding — whether in arbitration or in court — shall be conducted only on an individual basis and not as a class, collective, consolidated, coordinated, representative, or private attorney general action. You expressly waive any right to participate as a class representative or class member in any class action against the Company, and you agree that the arbitrator shall have no authority to consolidate claims, join parties, or conduct class-wide proceedings. If this class action waiver is found to be invalid or unenforceable with respect to any particular claim, that claim shall be severed from the arbitration and litigated in court, while the remaining claims shall proceed in arbitration. You may opt out of this arbitration and class action waiver provision by providing written notice to the Company within thirty days of your first acceptance of these Terms, specifying your name, address, and your intent to opt out; such opt-out shall not affect any other provision of these Terms.
Notwithstanding the arbitration provisions set forth above, either party may seek injunctive relief, specific performance, or other equitable remedies in a court of competent jurisdiction in Utah County, Utah, to prevent irreparable harm, to protect intellectual property rights, or to enforce the confidentiality or non-disclosure obligations set forth in these Terms. You and the Company hereby irrevocably consent to the exclusive personal jurisdiction of and venue in the state and federal courts located in Utah County, Utah, for any such actions seeking equitable relief, and you waive any objection to such jurisdiction or venue based on forum non conveniens or any other grounds. Additionally, either party may bring an individual action in small claims court in Utah County, Utah, for disputes that fall within the jurisdictional limits of such court, provided that the action is brought on an individual basis and not as part of a class or representative action.
13. Changes to Terms
Byron Peay Drain Cleaning LLC reserves the right, at its sole and absolute discretion, to modify, amend, supplement, restate, or replace any provision of these Terms at any time, with or without prior notice to you, by posting the updated Terms on the website and updating the Effective Date at the top of this page. The Company may also, but is not obligated to, provide additional notice of material changes through one or more of the following methods: displaying a notice banner on the website, sending a notification to the email address associated with your account, including a notice with your service invoice or billing statement, or communicating the changes through the Company's customer portal or mobile application. The form of notice provided, if any, shall be at the Company's sole discretion, and the Company's posting of the updated Terms on the website shall constitute sufficient notice regardless of whether any additional notification methods are employed.
It is your sole responsibility to review these Terms periodically to stay informed of any updates, modifications, or changes. Your continued use of the website or your continued scheduling or receipt of Services after the posting of revised Terms constitutes your acknowledgment and acceptance of the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to cease using the website, cancel any pending service appointments in accordance with the cancellation policy set forth in these Terms, and notify the Company in writing that you do not agree to the revised Terms and wish to terminate your relationship with the Company. The Company shall not be liable to you or to any third party for any modification, amendment, suspension, or discontinuance of the Terms, the website, or the Services.
Material changes to these Terms that affect your rights or obligations — including but not limited to changes to the limitation of liability, disclaimer of warranties, indemnification, governing law, or dispute resolution provisions — shall not apply retroactively to any dispute that arose prior to the effective date of the change. For any dispute that arose prior to the effective date of a material change, the version of the Terms in effect at the time the dispute arose shall govern, provided that with respect to any claim that has not yet been filed as of the effective date of the material change, you may elect to be bound by the new Terms in their entirety by proceeding with dispute resolution under the revised Terms. The Company will maintain an archive of prior versions of the Terms, which will be made available to you upon written request.
The Company may, from time to time, offer new services, features, or products that are not covered by the current version of these Terms. In such cases, the Company may publish supplemental terms that apply specifically to the new service, feature, or product. Such supplemental terms shall be incorporated into and form a part of these Terms, and in the event of any conflict between the supplemental terms and the general provisions of these Terms, the supplemental terms shall govern with respect to the specific service, feature, or product to which they apply. The Company may also publish policies, guidelines, or rules applicable to specific aspects of the website or Services — including but not limited to a comment policy, a review policy, or a service area policy — and such policies, guidelines, and rules shall be deemed incorporated into these Terms by reference.
14. Contact Information
Byron Peay Drain Cleaning LLC welcomes your questions, comments, concerns, and feedback regarding these Terms of Service. If you need to contact the Company for any reason related to these Terms — including but not limited to requests for clarification of specific provisions, reports of violations of the Terms, inquiries about modifications or waivers, notifications of disputes, or any other communication that these Terms require or permit you to make to the Company — you may do so using any of the contact methods listed below. The Company endeavors to respond to all legitimate inquiries within a reasonable timeframe, typically within two to five business days, though response times may vary depending upon the volume of inquiries received and the complexity of the issue raised.
Byron Peay Drain Cleaning LLC
870 N 300 E
Pleasant Grove, Utah 84062-1708
United States of America
Phone: +1 (262) 429-8996
Email: chat@byronpeay.buzz
Website: byronpeay.buzz
Formal legal notices — including notices of dispute under Section 12, notices of termination under Section 11, and any other notice that these Terms require to be delivered in writing — must be sent by certified mail, return receipt requested, or by a nationally recognized overnight courier service with delivery confirmation, to the physical address set forth above, marked to the attention of Legal Notice. Notices sent by electronic mail shall not constitute valid formal legal notice unless the Company expressly acknowledges receipt of such electronic notice in a responsive communication. Any notice you send shall be effective upon the Company's actual receipt thereof. The Company may send notices to you through any of the following methods: by email to the email address you have provided, by SMS to the telephone number you have provided, by posting on the website, by inclusion with an invoice or service confirmation, or by any other method reasonably calculated to provide you with actual notice.
If you believe that any content on the website infringes upon your intellectual property rights, please contact the Company promptly using the contact information provided above and include a detailed description of the alleged infringement, identification of the copyrighted work or other intellectual property you claim has been infringed, identification of the material you claim is infringing with sufficient information to permit the Company to locate it, your contact information, a statement that you have a good-faith belief that use of the material is not authorized, and a statement under penalty of perjury that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner. The Company takes intellectual property infringement seriously and will promptly investigate and respond to properly submitted notices.
For general inquiries, service questions, billing inquiries, scheduling requests, or any other non-legal communication, you may use any of the contact methods listed above. The Company's regular business hours are Monday through Friday from 7:00 AM to 5:00 PM Mountain Time, excluding major holidays. Telephone inquiries received outside of regular business hours may be routed to voicemail, and the Company will make reasonable efforts to return such calls on the next business day. For urgent after-hours service requests, please use the telephone number listed above and follow the prompts for emergency dispatch, which will connect you to the on-call technician or dispatcher. Please note that the Company's office located at 870 N 300 E in Pleasant Grove is not a retail showroom and is not open to the public for walk-in visits; all in-person meetings are by appointment only.
15. Service Area and Jurisdictional Limitations
Byron Peay Drain Cleaning LLC maintains its primary service area within Utah County, Utah, encompassing the cities and communities of Pleasant Grove, American Fork, Lehi, Lindon, Orem, Provo, Vineyard, Saratoga Springs, Eagle Mountain, Highland, Alpine, Cedar Hills, Spanish Fork, Springville, Mapleton, Payson, Salem, and Santaquin. The Company extends secondary coverage into northern Utah County and southern Salt Lake County, including the communities of Draper, Sandy, Riverton, Herriman, Bluffdale, and South Jordan. Services beyond these defined service areas may be available on a case-by-case basis, subject to technician availability, travel distance, and the Company's agreement to accept the engagement. The Company may, at its discretion, apply a travel surcharge or minimum service charge for Services performed outside its primary service area to offset the additional time and expense associated with travel, and such surcharge will be disclosed to you prior to the scheduling of the appointment.
The Company's digital platforms and website are accessible globally through the internet, but such accessibility does not constitute an offer to provide Services outside the defined service areas described above, nor does it constitute an acknowledgment that the Company is subject to the jurisdiction of any court or regulatory authority outside the state of Utah with respect to matters arising from the use of the website by persons located outside the Company's service area. If you access the website from a jurisdiction outside the United States, you do so on your own initiative and are solely responsible for compliance with the applicable laws of that jurisdiction. The Company makes no representation that the website or its content is appropriate, lawful, or available for use in jurisdictions outside the United States, and the Company reserves the right to limit the availability of the website or the Services to any person, geographic area, or jurisdiction at any time in its sole discretion.
All Services are performed in accordance with the plumbing codes, building codes, health regulations, and occupational safety standards applicable in the state of Utah and the specific local jurisdiction where the Services are performed. The Company does not represent or warrant that the methods, materials, or techniques used in the performance of Services comply with the codes and standards of any jurisdiction other than the jurisdiction in which the Services are performed, and you agree that the Company shall not be liable for any non-compliance with codes or standards of any other jurisdiction. If you intend to apply for permits, inspections, or approvals from a jurisdiction other than the one in which the Services were performed, you are solely responsible for determining whether the Services meet the requirements of that jurisdiction and for any modifications or additional work necessary to bring the Services into compliance.
16. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, fire, flood, earthquake, hurricane, tornado, severe weather, natural disaster, epidemic, pandemic, public health emergency, war, terrorism, civil unrest, insurrection, riot, labor dispute, strike, lockout, shortage of materials, supply chain disruption, equipment failure, fuel shortage, utility failure, telecommunications failure, internet outage, cyberattack, ransomware attack, distributed denial-of-service attack, government action, executive order, legislation, regulation, ordinance, curfew, quarantine, embargo, or any other event, circumstance, or condition that is unforeseeable, unavoidable, and beyond the reasonable control of the party claiming force majeure. In the event of a force majeure condition, the Company shall be excused from performance for the duration of the force majeure condition, and the time for performance of the affected obligations shall be extended for a period equal to the duration of the force majeure condition plus a reasonable period for the Company to resume normal operations.
If a force majeure condition prevents the Company from performing Services that have been scheduled, the Company shall make reasonable efforts to notify you of the situation and to reschedule the Services at the earliest practicable date. In the event that a force majeure condition persists for more than thirty days and the Company is unable to perform the scheduled Services, either party may terminate the affected service engagement without liability to the other party, provided that: (a) you shall remain obligated to pay for any Services already performed prior to the onset of the force majeure condition; (b) the Company shall refund any prepaid amounts for Services that were not performed due to the force majeure condition, less any non-refundable expenses already incurred by the Company in preparation for the performance of the Services; and (c) the termination shall not affect any rights or obligations that accrued prior to the effective date of termination.
The Company shall not be required to settle any labor dispute, litigate any governmental action, or incur any extraordinary expense to avoid or mitigate a force majeure condition. The Company may, at its sole discretion, implement alternative work arrangements, remote diagnostic services, or modified service procedures to mitigate the impact of a force majeure condition, and you agree to cooperate reasonably with any such alternative arrangements. The Company's inability to perform Services due to a force majeure condition shall not constitute a breach of contract, a default, or a basis for any claim for damages, refunds, credits, or other remedies against the Company, except as expressly provided in this section.
17. Severability and Waiver
If any provision of these Terms is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason — whether in whole or in part — such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving as nearly as possible the original intent and economic effect of the provision. If such modification is not possible, the invalid, illegal, void, or unenforceable provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if the severed provision had never been included. The severability of any provision shall not affect the validity or enforceability of the remainder of these Terms, and the parties agree that the court or tribunal shall enforce the remainder of these Terms as written. Furthermore, the parties agree that the court or tribunal shall have the authority to reform the invalid, illegal, void, or unenforceable provision to the minimum extent necessary to render it valid, legal, and enforceable, consistent with the manifest intent of the parties as expressed in these Terms.
The failure of the Company to exercise or enforce any right, power, or privilege under these Terms shall not constitute a waiver of such right, power, or privilege. A waiver by the Company of any breach of any provision of these Terms shall not be deemed a waiver of any subsequent breach of the same provision or of any other provision. No waiver shall be effective unless made in writing and signed by a duly authorized representative of the Company. The Company's course of dealing with you, any trade practice, or any course of performance shall not be deemed to modify, amend, or waive any provision of these Terms. The rights and remedies provided in these Terms are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law or in equity.
18. Entire Agreement
These Terms, together with the Privacy Policy, any service order confirmation, statement of work, written estimate, invoice, service agreement, or maintenance contract that has been executed by both parties, and any other documents expressly incorporated herein by reference, constitute the entire agreement between you and Byron Peay Drain Cleaning LLC with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, express or implied, with respect to such subject matter. No oral statements, representations, or negotiations shall modify or supplement these Terms, and you agree that you have not relied upon any representation, warranty, or statement that is not expressly set forth in these Terms. Any ambiguity in these Terms shall not be construed against the drafting party, regardless of which party drafted the provision in question, and the rule of construction that a document is to be construed against the drafting party shall not apply to the interpretation of these Terms.
Any additional or different terms proposed by you in any purchase order, request for proposal, service requisition, or other document shall be deemed material alterations and are hereby expressly rejected by the Company, and the Company's performance of Services shall not constitute acceptance of any such additional or different terms. These Terms may only be modified, amended, or supplemented by an agreement in writing signed by both you and a duly authorized representative of the Company, except that the Company may unilaterally modify these Terms as provided in Section 13 above. The headings and section titles used in these Terms are for convenience of reference only and shall not be used to construe or interpret the meaning, intent, or scope of any provision.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any person or entity other than the parties hereto and their respective permitted successors and assigns any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. You agree that no joint venture, partnership, employment, franchise, or agency relationship exists between you and the Company as a result of these Terms or your use of the website or the Services.
The original version of these Terms was drafted in the English language, and any translation into another language is provided for convenience only. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail. All communications between you and the Company regarding these Terms shall be conducted in English unless the Company, at its sole discretion, agrees to communicate in another language.
Developer Byron Peay has applied the same engineering rigor and attention to detail in the design and maintenance of this website and its underlying infrastructure as he applies to every drain cleaning job and every line of code he writes. The Company's commitment to excellence spans both the physical and digital domains, and these Terms reflect that commitment by establishing a clear, comprehensive, and enforceable framework for the relationship between the Company and those it serves.
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