Website Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Stain Stoppers LLC's Website, located at https://tamethestain.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Stain Stoppers if you do not agree to accept all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Stain Stoppers, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional cookies. There are some required cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Stain Stoppers LLC and/or its licensors own the intellectual property rights for all material on tamethestain.com. All intellectual property rights are reserved. You may access this from Stain Stoppers for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from Stain Stoppers LLC

  • Sell, rent, or sub-license material from Stain Stoppers LLC

  • Reproduce, duplicate or copy material from Stain Stoppers LLC

  • Redistribute content from Stain Stoppers LLC

This Agreement shall begin on the date hereof.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;

  • Dot.com community sites;

  • Associations or other groups representing charities;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law, and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Stain Stoppers LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Stain Stoppers LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1-2 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Stain Stoppers LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are raised on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Contractual Agreement for Protection Services:

Definitions:

Client: The individual or entity entering into an agreement with Stain Stoppers LLC for Protection Services.

Stain Stoppers LLC: The service provider responsible for providing Protection Services as outlined in the contract.

Owner: The term "Owner" refers to the individual or legal entity that holds the primary rights, control, and responsibilities over Stain Stoppers LLC, the business providing Protection Services as outlined in the contract.

Technician: The individual or individuals who perform Protection Services on behalf of Stain Stoppers LLC, whether it be the Owner of Stain Stoppers LLC or an individual employed by Stain Stoppers LLC.

Valuables: Any area, item, material, or surface within or nearby the Service Area, including but not limited to walls, wall trimmings, baseboards, floors, cabinets, counters, appliances, furniture, home siding, fabrics, leathers, materials, clothes, personal belongings, upholsteries, valuables, and breakables.

Protective Agents: Substances applied by Stain Stoppers LLC Technicians to assist in repelling moisture, aiding in stain protection, and reducing sun fading.

Protection Procedures: The methods and processes employed by Stain Stoppers LLC Technicians to protect an area, item, material, or surface against stains, moisture, or sun fading using Protective Agents.

Protection Services: The Protection Procedures employed by Stain Stoppers LLC using Protective Agents within the Premises.

Premises: The location where Stain Stoppers LLC is hired by the Client to perform Protection Procedures.

Service Area: The designated area within the Premises where Stain Stoppers LLC will provide Protection Services.

Service Limitations: Conditions which would prevent Protective Agents from being safely administered. This includes, but is not limited to, discovery that any area, item, material, or surface is unfit, unsafe, or incompatible for application of Protective Agents, as well as environmental conditions unsuitable for treatment.

Client Responsibilities: Duties and actions the Client shall perform before, during, and after the application of Protective Agents by a Technician.

Force Majeure: Events outside reasonable control of either the Client or Stain Stoppers LLC, including but not limited to severe weather, earthquakes, floods, war, acts of terrorism, and governmental restrictions, which may impede or prevent the timely execution of Protection Services.

Late Cancellation Fee: A fee of $50 that may be charged to the Client if a scheduled appointment is canceled less than 48 hours before the appointment time.

Late Rescheduling Fee: A fee of $25 that may be charged to the Client if a scheduled appointment is rescheduled less than 48 hours before the appointment time.

Complaint: Any concerns, issues, or expressions of dissatisfaction raised by the Client related to the Protection Services provided and/or the conduct/actions of a Technician.

Payment: The amount due for the Protection Services, payable promptly upon completion, and acceptable through various methods including check, cash, credit card, or debit card.

Dispute Resolution: The process through which a dispute regarding the contract, the interpretation of the contract, or a Complaint regarding the Client's satisfaction with the provided services are resolved.

Client, Stain Stoppers LLC, Owner, Technician, Valuables, Protection Procedures, Protective Agents, Premises, Service Area, Protection Services, Service Limitations, Client Responsibilities, Force Majeure, Late Cancellation Fee, Late Rescheduling Fee, Complaints, Payment, and Dispute Resolution: As previously defined.

When the Client hires Stain Stoppers LLC for Protection Services the Client agrees to the following:

Regarding Protection Effectiveness: Stain Stoppers LLC cannot guarantee the complete prevention of all stains, moisture, or sun fading. Protective Agents do not make areas, items, materials, or surfaces completely stain-proof, water-proof, or impervious to sun fading. Their purpose is to assist in repelling stains, moisture, and sun fading for a limited duration. Areas, items, materials, or surfaces that do not get cleaned, scrubbed, or machine washed regularly or at all—such as grout, driveways, carpets, car interiors, etc.—need Protection Services less often than those that are scrubbed or machine washed regularly. However, there is no guarantee that they will completely prevent liquid or other penetration into fibers or materials. The primary goal is to aid in stain prevention and moisture prevention and enhance the ease of cleaning in the future. It is essential to recognize that all Protective Agents will naturally wear out over time, diminishing in effectiveness. The Client should consider this.

Regarding Appearance or Texture Change: Due to the claim of the Protective Agent's manufacturer and the experience of Stain Stoppers LLC, Stain Stoppers LLC is confident that the Protective Agents used in the Advanced Protection Plan will not affect the appearance or texture of any material. However, any claim made by Stain Stoppers LLC, expressed either verbally or in writing, that certain Protective Agents will not affect the appearance or texture of an area, item, material, or surface should not be interpreted as offering absolute certainty. It is understood by the Client that, due to the diverse nature of materials and their unique characteristics, predicting the exact reaction of every surface to Protective Agents is categorically impossible. The Client assumes and accepts the risk that an area's, item's, material's, or surface's appearance and/or texture may be altered by Protective Agents.

Regarding Client Responsibilities: The Client shall fulfill Client Responsibilities. Before, during, and after the Technician commences Protection Procedures, the Client shall ensure the removal and/or protection of any persons, third-parties, animals, or Valuables the Client does not want to breathe in or come into contact with Protective Agents until it is safe to do so. The Client shall provide the Technician clear and safe access to the Premises and Service Area. This includes ensuring adequate ventilation of the Premises is possible and achieved. Failure of the Client to adequately perform Client Responsibilities may result in cancellation of services, rescheduling of services, and/or additional charges depending on the severity of incomplete Client Responsibilities. A Late Cancellation Fee or Late Rescheduling fee may be applied at the discretion of the Owner.

Regarding Serviceable Areas: The Client agrees that Technicians will be required to provide Protection Services to only those areas, items, materials, or surfaces that are easily accessible and can be attended to without the requirement for a Technician to move any furniture or items.

Regarding Refusal to Service:

  • Stain Stoppers LLC and its Technicians reserve the right refuse service at any point for any reason. Some reasons may include but are not limited to: incomplete Client Responsibilities; the inability of a Technician to access the Premises or reach the Service Area due to incomplete Client Responsibilities; Service Limitations; unsafe or hazardous conditions; the Technician determines that carrying out any service might jeopardize their health, property, or the property of Stain Stoppers LLC; inhospitable, unpleasant, or uncooperative behavior from the Client. Stain Stoppers LLC's refusal to provide or continue Protection Services will not affect the validity of this contract. The Client shall pay Stain Stoppers LLC commensurate to the amount of work completed. Stain Stoppers LLC retains the right to charge the Client with a Late Cancellation Fee or Late Rescheduling Fee at the Owner's discretion if the Owner determines the events leading up to the cancellation or rescheduling are the fault of the Client.

  • In the case of Service Limitations, Stain Stoppers LLC will consult with the Client to determine if any viable alternatives or adjustments to the Protection Services exist. Adjustments to the billing will reflect the Protection Services ultimately performed.

Regarding Rescheduling:

  • The Client shall give 48 hours or more of notice to reschedule an appointment or the Client will incur a Late Rescheduling Fee. The Owner retains the discretion to waive this fee.

  • Stain Stoppers LLC and its Technicians reserve the right to reschedule Protection Services at no additional cost to the Client due to Force Majeure. The Client will be notified and consulted to determine a time to reschedule Protection Services.

  • If a technical failure or equipment malfunction occurs, the Technician will either come up with an immediate solution or consult with the Client to reschedule the appointment, offering the Client a twenty-five-percent discount off the cost of the Protection Services initially agreed upon.

  • The Client agrees to not hold Stain Stoppers LLC liable for any business loss or other consequential events arising from the rescheduling of any appointment.


Regarding Cancellation:

  • The Client shall give more than 48 hours or more of notice to cancel an appointment or the Client will incur a Late Cancellation Fee. The Owner retains the discretion to waive this fee.

  • The Client agrees to not hold Stain Stoppers LLC liable for any business loss or other consequential events arising from the cancellation of any appointment.

Further Disclaimers:

  • Stain Stoppers LLC will not be held liable for the presence of any person, animal, or disturbance not caused by Stain Stoppers LLC on the Premises during or after Protection Services which disrupts Protective Agents and causes insufficient water-resistance, stain-resistance, and resistance to sun fading.

  • Stain Stoppers LLC will not be held liable for any disturbance or condition on the Premises before, during, or after Protection Services which disrupts the effectiveness of Protective Agents causing decreased water-resistance, stain-resistance, and resistance to sun fading so long as the disturbance or condition was not caused by a Technician.

  • The Client shall avoid touching or placing any items on any area, item, material, or surface which a Technician has applied Protective Agents to until it is safe to do so without endangering themselves or affecting the effectiveness of the Protective Agents. The Client shall also prevent anyone or anything else from touching or placing any items on any area, item, material, or surface which a Technician has applied Protective Agents to until it is safe to do so. Furthermore, placing wood, metal, or any other item or piece of furniture may result in the transfer of wood stain, metal rust, or other undesirable colors/materials onto the area, item, material, or surface. The Client agrees that Stain Stoppers LLC will not be held liable for any such damage to persons or property as a result of touching or placing any items on any area, item, material, or surface which a Technician has applied Protective Agents.

  • If the Client is requesting that Protective Agents be applied to leather, the Client shall ensure the leather is non-absorbent/top-coated before Protection Procedures begin. The Technician will assume the Client has already ensured the leather is non-absorbent/top-coated and may possibly not ask before beginning Protection Procedures. The Client agrees that Stain Stoppers LLC will not be held liable for any damage resulting from the misidentification of leather.

  • Stain Stoppers LLC explicitly disclaims any responsibility for a specific Protective Agent's performance so long as the Technician has properly applied the Protective Agent in accordance with the manufacturer's specifications. In the event of the Client having a Complaint or issue regarding one of the Protective Agents, the Client shall contact the manufacturer directly. The Client is encouraged to reach out to Stain Stoppers LLC before contacting the manufacturer to help determine if the issue is due to the Protective Agent or the Protection Service conducted by the Technician.

  • Stain Stoppers LLC will not be held liable for any cost associated with cleaning stains or moisture damage or replacing Valuables if Protective Agents fail to prevent any stain, moisture, or sun fading. Protective Agents are never guaranteed to perfectly prevent stains, moisture, or sun fading in every case.

  • Stain Stoppers LLC will not be held liable for costs incurred from cleaning or replacing valuables due to stains, moisture damage, or sun fading, should the Protective Agents fail. Stain Stoppers LLC does not guarantee that the Protective Agents will prevent such damage in all circumstances.

  • The Client shall at all times provide a safe environment for the Technician to execute Protection Procedures. Therefore, the Client agrees that Stain Stoppers LLC and its Technicians will not be held liable for any damages or loss incurred to any persons, third-parties, animals, property, possessions, or Valuables on the Premises at any stage, including but not limited to before, during, or after the provision of Protection Services as a result of Client Responsibilities being incomplete. For example, walking on a wet carpet and moving onto a hard surface can create a slip hazard. This precautionary measure ensures that Technicians can perform their duties safely and efficiently without risk to the Client's Valuables or loved ones.

Regarding Complaints: The Client shall formally report any Complaint to Stain Stoppers LLC by phone or email within 48 hours of the completion of Protection Services. Any claims made after this time frame will not be accepted.

Dispute Resolution:

Stain Stoppers LLC and the Client both agree that the process through which disputes regarding the contract, the interpretation of the contract, or a Complaint are resolved follows a tiered approach:

  1. Direct Resolution: Upon the emergence of any dispute or Complaint by the Client, the Client and Stain Stoppers LLC agree to first attempt to resolve the issue amicably through direct discussions in person, by phone, or by email. Each party will make a good faith effort to resolve the dispute informally by providing notice of the dispute to the other party, and mutually engaging in a dialogue with the aim of reaching an early resolution.

  2. Mediation: If the parties are unable to resolve the dispute through direct resolution within 30 days from the notice of dispute, the dispute shall then be submitted to mediation. Both parties agree to participate in mediation facilitated by a neutral third-party mediator agreed upon by both parties. The Client agrees that any dispute arising out of this contract shall be heard in Milwaukee County, construed according to Wisconsin law.

  3. Binding Arbitration: If mediation fails to resolve the dispute, the matter will then be resolved through binding arbitration. The arbitration will be conducted under the rules of a recognized arbitration body agreed upon by the parties at the time of the dispute.

• If the Client does not provide Payment, Stain Stoppers LLC and its Owner reserve the right to abstain from this Dispute Resolution approach and instead send payment reminders, send a debt collection letter, or take legal action in the form they see fit.

Regarding Permission to Enter Premises: The Client hereby grants permission for a Technician to access the Client's Premises at any time, including before, during, and after the provision of any service by Stain Stoppers LLC, for the purpose of fulfilling any service requested by the Client. If the Technician enters the Client's Premises before or after the administration of Protection Services, Technicians will obtain the Client's permission, either in writing or verbally. Technicians have the right to enter and exit the premises until the completion of the Protection Services. In the event that the Client cannot be contacted or fails to respond within one hour before the scheduled appointment, the Technician reserves the right to cancel the appointment. In such cases, Stain Stoppers LLC may charge the Client a Late Cancellation Fee of $50, which may be waived at the discretion of the Owner.

Regarding Payment: The Client shall provide Payment promptly upon the completion of any Protection Services. Payment may be made through various methods including check, cash, credit card, or debit card. In the event of a returned check, a minimum charge of $50 will be applied in addition to the original amount.

The Client hereby agrees to the terms and conditions set forth in this contract and engages Stain Stoppers LLC to provide Protection Services at the specified time, ______________, on the specified date, ______________, at the following location: ________________________.

Client Signature: ________________________________________ Date: _______________

Return