TERMS OF SERVICE
Callie Enterprises, LLC
d/b/a DryMedic
Effective Date: February 23, 2025
1. ACCEPTANCE OF TERMS
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “User,” “Customer,” or “Client”) and Callie Enterprises, LLC, doing business as DryMedic (“Company,” “we,” “us,” or “our”). By accessing or using our websites, mobile applications, social media pages, requesting or receiving services, subscribing to our SMS/text messaging program, communicating with us by any means, or otherwise engaging or interacting with the Company in any capacity, whether online, offline, in person, by phone, by text, by email, or through any other medium now known or hereafter developed (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference and available at callieenterprises.com/privacy-policy.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. YOUR CONTINUED USE OF OR INTERACTION WITH THE SERVICES CONSTITUTES YOUR ONGOING ACCEPTANCE OF THESE TERMS, INCLUDING ANY MODIFICATIONS.
2. AGE RESTRICTION
The Services, including our SMS/text messaging program, are intended solely for individuals who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into binding agreements, and are not barred from using the Services under any applicable law. If you are under 18 years of age, you may not use the Services, including subscribing to or receiving SMS/text messages from the Company. If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. MODIFICATIONS
The Company reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and for any reason, without prior notice. All changes become effective immediately upon posting to our website or upon other notification. Your continued use of or interaction with the Services after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services.
4. DESCRIPTION OF SERVICES
The Company provides water damage restoration, fire and smoke damage restoration, mold remediation, emergency services, reconstruction, and related services (collectively, “Restoration Services”), as well as related communication services including SMS/text messaging, marketing, customer support, and any other services the Company may offer from time to time. The specific scope of any Restoration Services will be outlined in a separate service agreement, work authorization, estimate, or scope of work provided at the time of service. These Terms apply in addition to any such documents.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.
5. SMS/TEXT MESSAGING PROGRAM
By opting in to our SMS/text messaging program, you agree to the following terms:
5.1 Description of SMS Use Cases
The Company may send you the following types of SMS/text messages:
• Appointment Reminders: Notifications about upcoming service appointments, scheduling changes, and time-sensitive service information
• Service Confirmations: Confirmation of bookings, estimates, service completions, and other transactional communications related to your restoration services
• Marketing Messages: Promotional offers, special discounts, seasonal tips, and other marketing communications (only if you have separately opted in to receive marketing messages)
Message frequency varies. You may receive recurring messages based on your interactions with us, the status of your service, and your communication preferences.
5.2 Opt-Out Instructions
You may opt out of receiving SMS/text messages at any time by replying STOP to any message you receive from us. Upon receiving your STOP request, we will send you a one-time confirmation message to confirm that you have been unsubscribed. No further messages will be sent unless you re-subscribe to the program. Please note that opting out of SMS messages does not opt you out of other forms of communication such as email or phone calls.
5.3 Message and Data Rates
Standard message and data rates may apply to all SMS/text messages sent to and received from the Company, depending on your mobile carrier and wireless plan. The Company is not responsible for any messaging or data charges imposed by your wireless carrier. Please contact your carrier for details about your specific plan and pricing.
5.4 Carrier Liability Disclaimer
Mobile carriers, including but not limited to AT&T, T-Mobile, Verizon, and all other wireless carriers, are not liable for delayed or undelivered messages. The Company is not responsible for any delays, failures, or errors in the delivery of any SMS/text messages, regardless of the cause. Delivery of messages is subject to effective transmission by your mobile carrier and network conditions beyond our control.
5.5 Consent
Consent to receive SMS/text messages is not a condition of purchasing any goods or services from the Company. You may choose not to opt in to our SMS program and still receive services from us.
6. CUSTOMER SUPPORT
For questions, concerns, or assistance regarding our SMS/text messaging program or any of our Services, please contact:
Denice Conley
Email: [email protected]
Phone: 317-506-2349
You may also reply HELP to any SMS/text message to receive assistance and contact information.
7. PRIVACY POLICY
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, store, share, and protect your personal information, including information collected through our SMS/text messaging program. Our Privacy Policy is available at callieenterprises.com/privacy-policy and is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and agree to the Privacy Policy.
8. SERVICE AUTHORIZATION AND ACCESS
By requesting Restoration Services, you authorize the Company and its agents, employees, contractors, and subcontractors to enter the property at the designated address and perform all work reasonably necessary to complete the agreed-upon services. You represent and warrant that you have the legal authority to authorize such entry and work, whether as the property owner, authorized agent, tenant with appropriate rights, or other authorized party. You agree to provide and maintain reasonable access to the property throughout the duration of the project.
You acknowledge that restoration work may require access to areas beyond the immediately affected zone, may involve the removal or relocation of personal property, and may cause incidental disruption, noise, dust, or temporary inconvenience.
9. ESTIMATES, PRICING, AND PAYMENT
Unless otherwise agreed in writing, all estimates, quotes, and proposals provided by the Company are non-binding and subject to change based on actual conditions encountered during the course of work. The Company reserves the right to adjust pricing based on additional damage discovered, changes in scope, material costs, labor requirements, code compliance requirements, and any other factors that affect the cost of services.
Payment is due upon completion of services unless other arrangements are made in writing. If insurance is involved, you remain ultimately responsible for all charges, including any amounts not covered by your insurance policy such as deductibles, depreciation, code upgrades, and non-covered items. You agree to assign insurance benefits to the Company as needed to facilitate direct payment from your insurer, and you authorize the Company to communicate directly with your insurance company regarding the claim.
Any outstanding balance not paid within thirty (30) days of invoice shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. You agree to pay all costs of collection, including reasonable attorney fees and court costs.
10. WARRANTY AND DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, the Company makes no warranty or guarantee that: (a) the Services will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) any results obtained from the Services will be accurate, reliable, or complete; (d) any defects or errors will be corrected; or (e) the Services, including SMS/text messages, will be delivered without delay or interruption.
To the extent the Company provides any express warranty on workmanship or materials, such warranty is limited to the specific terms stated in the applicable service agreement and shall not exceed the duration required by applicable law.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) FIVE THOUSAND DOLLARS ($5,000.00).
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising out of or in connection with: (a) your use of or interaction with the Services; (b) your breach of these Terms or any representation or warranty herein; (c) your violation of any law, regulation, or third-party right; (d) any inaccuracy in information you provide to the Company; (e) any property damage, personal injury, or other harm arising from conditions at the service location that you failed to disclose; and (f) any dispute between you and any third party, including your insurance company, regarding the Services.
13. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and the Company (collectively, “Disputes”) shall first be submitted to good faith mediation. If mediation does not resolve the Dispute within thirty (30) days, or if either party declines mediation, the Dispute shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, unless you and the Company mutually agree otherwise in writing.
YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. All Disputes must be brought in the parties’ individual capacities and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
The arbitration shall be conducted in the State of Indiana, and the arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
14. INTELLECTUAL PROPERTY
All content, materials, trademarks, service marks, trade names, logos, designs, text, graphics, photographs, software, and other intellectual property displayed on or through the Services are the property of the Company, its licensors, or the respective DryMedic franchisor, and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any such intellectual property without the prior written consent of the owner.
15. RECORDING AND MONITORING
You acknowledge and consent that the Company may record, monitor, and store phone calls, text messages, emails, chat conversations, and any other communications with you for quality assurance, training, compliance, dispute resolution, and any other lawful business purpose. By communicating with the Company, you consent to such recording and monitoring.
16. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, fire, flood, power outages, internet or telecommunications failures, supply chain disruptions, carrier network outages, labor disputes, or any other force majeure event.
17. INDEPENDENT CONTRACTOR STATUS
The Company is an independently owned and operated DryMedic franchise. The Company is not an agent, partner, joint venturer, or employee of the DryMedic franchisor, and the DryMedic franchisor shall not be liable for any acts or omissions of the Company. Any obligations or liabilities under these Terms are solely those of Callie Enterprises, LLC.
18. ASSUMPTION OF RISK
You acknowledge that restoration services involve inherent risks, including but not limited to risks associated with water, fire, mold, structural damage, hazardous materials, and construction activities. You voluntarily assume all risks associated with the Services, whether known or unknown, to the fullest extent permitted by law.
19. LIMITATION ON CLAIMS
Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action arises, or it shall be permanently barred. This limitation applies to the fullest extent permitted by applicable law.
20. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law provisions. To the extent any matter is not subject to arbitration as set forth herein, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Indiana.
21. SEVERABILITY
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
22. WAIVER
The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time. Any waiver must be in writing and signed by an authorized representative of the Company.
23. ASSIGNMENT
The Company may assign, transfer, or delegate its rights and obligations under these Terms at any time without notice or consent. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company.
24. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy (available at callieenterprises.com/privacy-policy) and any applicable service agreements, work authorizations, or other documents executed in connection with specific Services, constitute the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions, agreements, representations, and understandings, whether written or oral.
25. CONTACT INFORMATION
If you have questions or concerns regarding these Terms, please contact us at:
Callie Enterprises, LLC d/b/a DryMedic
Contact: Denice Conley
Email: [email protected]
Phone: 317-506-2349
Website: callieenterprises.com