Terms of Use

Effective Date: November 3, 2025
Last Updated: November 3, 2025

1. Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Drain and Water Plumbing Services (“we,” “us,” “our,” or “Company”) regarding your access to and use of our website https://www.drainandwater.com/ (the “Site”) and our plumbing services.

By accessing or using our Site or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Site or services.

Contact Information:
Drain and Water Plumbing Services
1913 Stone Ave, San Jose, CA 95125
Phone: (408) 564-0580
Email: service@drainandwater.com

2. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. Changes will be effective immediately upon posting to the Site with a new “Last Updated” date. Your continued use of the Site or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to use our Site or services. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Information

When you request services or create an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your information
Maintain the confidentiality of any account credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

4. Services Description

4.1 Scope of Services

Drain and Water Plumbing Services provides specialized plumbing services including, but not limited to:

Trenchless plumbing services (TrenchFree™ technology)
Sewer and drain services
Water leak detection and repair
Gas line services
Commercial plumbing services
Emergency plumbing services (24/7 availability)

4.2 Service Limitations

We specialize exclusively in plumbing service work, drains, leaks, long-pipe solutions, and underground plumbing systems. We do not provide bathroom remodeling services or handle minor sink clogs.

4.3 Service Areas

Our services are available in Santa Clara County and San Mateo County, California, including but not limited to San Jose, Santa Clara, Campbell, Cupertino, Palo Alto, Menlo Park, Redwood City, and surrounding areas as listed on our Site.

4.4 No Guarantee of Availability

While we strive to provide 24/7 emergency services, we do not guarantee immediate availability. Service scheduling is subject to technician availability and other operational factors.

5. Estimates, Pricing, and Payment

5.1 Estimates

All estimates provided are approximate and subject to change based on actual conditions discovered during service
Estimates are valid for 30 days unless otherwise specified
We reserve the right to adjust pricing if the scope of work changes or unforeseen conditions are discovered

5.2 Pricing

Final pricing will be determined based on the actual work performed, materials used, and time required
Prices are subject to change without notice
Additional charges may apply for emergency services, after-hours work, or services outside our standard service area

5.3 Payment Terms

Payment is due upon completion of services unless other arrangements have been made in writing
We accept various payment methods as indicated on our Site or by our technicians
You are responsible for all costs of collection, including reasonable attorney’s fees, if payment is not received
Financing options may be available through third-party providers (Wisetack)

5.4 Cancellation and Rescheduling

Cancellations must be made at least 24 hours before the scheduled appointment
Late cancellations or no-shows may be subject to a cancellation fee
We reserve the right to reschedule appointments due to emergencies, weather conditions, or other unforeseen circumstances

6. Warranties and Guarantees

6.1 Service Warranty

We stand behind our work and offer warranties on certain services as specified in your service agreement. Warranty terms vary by service type and will be provided in writing at the time of service.

6.2 Limited Lifetime Warranties

Limited lifetime warranties are available on select services, subject to terms and conditions provided at the time of service.

6.3 Warranty Exclusions

Warranties do not cover:

Damage caused by misuse, neglect, or improper maintenance
Normal wear and tear
Damage caused by third parties or acts of nature
Pre-existing conditions not addressed in the original service
Work performed by other contractors after our service

6.4 Warranty Claims

To make a warranty claim, you must contact us promptly and provide reasonable access to the property for inspection and repair.

7. Limitation of Liability

7.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DRAIN AND WATER PLUMBING SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

Your use or inability to use our Site or services
Any unauthorized access to or use of our servers or your personal information
Any interruption or cessation of services
Any bugs, viruses, or other harmful code transmitted through our Site
Any errors or omissions in content or services
Any property damage beyond the direct scope of our services

7.3 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR $500, WHICHEVER IS GREATER.

7.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Drain and Water Plumbing Services, its officers, directors, employees, agents, affiliates, and contractors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

Your use of our Site or services
Your violation of these Terms
Your violation of any rights of another party
Your provision of false or misleading information
Your failure to provide safe and reasonable access to your property
Any hazardous conditions on your property not disclosed to us

9. Property Access and Safety

9.1 Access Requirements

You agree to:

Provide safe, clear, and reasonable access to all areas requiring service
Disclose any known hazards, including but not limited to asbestos, lead, mold, structural issues, or aggressive animals
Ensure that the work area is accessible and free from obstructions
Secure pets and ensure a safe working environment for our technicians

9.2 Right to Refuse Service

We reserve the right to refuse or discontinue service if:

Working conditions are unsafe
Access to the work area is inadequate
Hazardous materials are present and not properly disclosed
You engage in abusive, threatening, or inappropriate behavior toward our employees
Payment disputes exist from previous services

9.3 Property Damage

While we take reasonable precautions to protect your property, you acknowledge that:

Some minimal disruption may occur during service
We are not responsible for damage to landscaping, structures, or property beyond the immediate work area unless caused by our gross negligence
Pre-existing damage or conditions may be discovered during service
You are responsible for protecting personal belongings in the work area

10. Intellectual Property Rights

10.1 Ownership

All content on our Site, including but not limited to text, graphics, logos, images, videos, software, and trademarks (including “TrenchFree™”), is the property of Drain and Water Plumbing Services or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial purposes. You may not:

Modify, copy, distribute, transmit, display, reproduce, or create derivative works from our Site content
Use our Site content for commercial purposes without our written permission
Remove or alter any copyright, trademark, or other proprietary notices
Use any automated systems (bots, scrapers) to access our Site
Reverse engineer or attempt to extract source code from our Site

10.3 Trademarks

“Drain and Water Plumbing Services,” “TrenchFree™,” our logo, and other marks are trademarks of our Company. You may not use these marks without our prior written consent.

10.4 User-Generated Content

If you submit reviews, testimonials, photos, or other content to us:

You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display such content
You represent that you own or have rights to the content and that it does not violate any third-party rights
We reserve the right to remove any content at our discretion

11. Prohibited Uses

You agree not to use our Site or services to:

Violate any local, state, federal, or international law
Infringe upon the intellectual property rights of others
Transmit any harmful code, viruses, or malicious software
Engage in any fraudulent, deceptive, or misleading activity
Harass, abuse, threaten, or intimidate our employees or other users
Impersonate any person or entity
Interfere with or disrupt our Site or servers
Collect or harvest information about other users
Use our Site for any unauthorized commercial purpose
Post false or defamatory reviews or content

12. Third-Party Links and Services

12.1 External Links

Our Site may contain links to third-party websites, including social media platforms, financing partners (Wisetack), and review sites (Yelp, Google). We do not control and are not responsible for the content, privacy policies, or practices of any third-party sites.

12.2 Third-Party Services

We may use third-party service providers for payment processing, financing, analytics, and other services. Your use of these services is subject to their respective terms and conditions.

12.3 No Endorsement

Links to third-party sites do not constitute an endorsement by us of those sites or their content.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Santa Clara County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at service@drainandwater.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 30 days.

13.4 Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Santa Clara County, California.

ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

13.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

13.6 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.7 Time Limitation

Any claim or cause of action arising out of or relating to these Terms or our services must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.

14. Emergency Services Disclaimer

While we offer 24/7 emergency plumbing services, you acknowledge that:

Response times may vary based on location, weather, and technician availability
In life-threatening emergencies involving gas leaks, flooding, or electrical hazards, you should contact 911 or your local emergency services immediately
We are not liable for delays in response or damages that occur before our arrival
Emergency service rates may be higher than standard rates

15. Insurance and Licensing

Drain and Water Plumbing Services maintains appropriate licensing and insurance as required by California law. Proof of insurance and licensing information is available upon request.

16. Privacy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Drain and Water Plumbing Services.

19. Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and Drain and Water Plumbing Services regarding your use of our Site and services, and supersede all prior agreements and understandings.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice to you.

21. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

22. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, or utility failures.

23. California-Specific Provisions

23.1 California Civil Code Section 1542

You hereby waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

23.2 Contractor’s License

Drain and Water Plumbing Services operates under appropriate California contractor’s licenses as required by law.

24. Contact Information

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

Drain and Water Plumbing Services
1913 Stone Ave, San Jose, CA 95125
Phone: (408) 564-0580
Email: service@drainandwater.com
Website: https://www.drainandwater.com/

25. Acknowledgment

BY USING OUR SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.