Terms of Service

TERMS OF USE & SERVICE AGREEMENT


Effective Date: July 2, 2026

Company Name: Drainage Technology Solutions LLC

DBA: KISKI Drainage & Siteworks

This Terms of Use & Service Agreement (the "Agreement") is made and entered into by and between you and KISKI Drainage & Siteworks (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to our website, scheduling portals, online forms, and any products, materials, or drainage contractor services provided by or through us (collectively, the "Services").


1. Acceptance & Eligibility

1.1 Acceptance Through Use

By accessing or using the Services (or by clicking "accept" or "agree" to this Agreement when prompted on our web forms), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity that you represent. If you do not agree, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements

To use our Website or any other Services, you must be at least 18 years old. By accessing or using the Services, you represent and warrant that you meet all eligibility requirements and possess the legal authority to enter into this Agreement.

1.3 Changes to this Agreement

The Company reserves the right to modify this Agreement from time to time at its sole discretion. All changes will apply to your use of and access to the Services from the date the changes become effective. Your continued use of the Services following any changes constitutes acknowledgment and agreement to be bound by the updated terms.

2. Access to the Services & Account Responsibilities

2.1 Modifications to Services

The Company reserves the right to modify, withdraw, or discontinue the Services or website features, in whole or in part, at any time without notice. You agree that the Company shall have no liability for any losses or damages caused by the unavailability of the Services.

2.2 Account Creation & Registration

You may be required to provide certain information about yourself (such as name, address, email, and phone number) to book appointments or access certain features. You promise to provide accurate, complete, and updated information. All information provided is governed by our Privacy Policy.

2.3 Account and Booking Security

If you are issued login credentials or a private scheduling portal link, you are entirely responsible for maintaining its confidentiality. You agree to notify us immediately at Pete@KiskiWorks.com of any actual or suspected unauthorized use or security breach.

3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to engage in any prohibited activities, including but not limited to:

  • Violating any local, state, federal, or international laws or regulations.
  • Impersonating others or misrepresenting your identity or affiliation.
  • Using any automated system (robots, spiders, scrapers) to mine data from the Website.
  • Uploading or transmitting viruses, Trojan horses, or worms intended to damage or alter the property of others.
  • Attempting to gain unauthorized access to our servers, networks, or databases.

4. Terms and Conditions of Sale & Bookings

4.1 Scheduling and Purchasing Process

Any steps taken from selecting a service to submitting a booking form constitute part of our scheduling process. By submitting an order or booking an appointment, you agree to pay the specified rates, fees, and applicable taxes for the requested drainage contractor services.

4.2 Methods of Payment

All payments are independently processed through secure third-party merchant providers. The Website does not directly store credit card details but receives a verification notification once payment is processed. If payment fails or is refused, the Company is under no obligation to fulfill or hold the scheduled appointment or service.

5. Intellectual Property Rights

5.1 Ownership of Material

You acknowledge that all intellectual property rights, including copyrights, trademarks, service marks, and trade secrets in the Services and its contents (including text, graphics, logos, and website code), are owned by the Company or its licensors. Neither this Agreement nor your access to the Services transfers any title or proprietary interest to you.

5.2 Limited License to You

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access the materials available on the Site solely for your personal, non-commercial use. You may download or print one copy of individual pages for your personal records, provided you keep all copyright notices intact. You may not copy, reproduce, republish, modify, or distribute any material without explicit written consent.

5.3 Your License to Us

By submitting or uploading any material (including reviews, comments, project feedback, or job-site photos) to us, you grant the Company a royalty-free, perpetual, irrevocable, worldwide license to use, modify, distribute, display, and create derivative works from such content for marketing and business improvement purposes, subject to our Privacy Policy.

6. Disclaimers, Warranty, and Limitation of Liability

6.1 Service Disclaimers

The information, materials, and services offered on or through the Site are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

6.2 Limitation of Liability

To the fullest extent allowed by law, in no event shall the Company, its affiliates, officers, directors, employees, or agents be liable for any consequential, incidental, indirect, exemplary, special, or punitive damages arising out of or in connection with your use or inability to use the Services.

The Company’s total aggregate liability to you for all damages or causes of action shall not exceed the greater of (a) the amount paid by you to the Company in the six (6) months prior to the event giving rise to liability, or (b) One Hundred Dollars ($100.00).

6.3 Indemnification

You agree to indemnify, defend, and hold harmless KISKI Drainage & Siteworks and its officers, directors, employees, and agents from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement, misuse of the Services, or violation of third-party rights.

7. Dispute Resolution & Mandatory Arbitration

MANDATORY ARBITRATION & CLASS ACTION WAIVER

BY PURCHASING, BOOKING, OR USING ANY OF OUR SERVICES, YOU EXPRESSLY AGREE THAT YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY IN A COURT OF LAW.

7.1 Governing Law

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State in which the Company operates, without giving effect to conflict of law principles.

7.2 Arbitration Process

Any dispute, claim, or controversy arising out of or relating to this Agreement, its breach, or the use of the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall proceed on an individual basis. You explicitly waive the right to assert or participate in any class action lawsuit, class arbitration, or joint/consolidated legal proceedings.

7.3 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action arose; otherwise, such claim is permanently barred and waived.

8. SMS / Text Messaging Compliance Policy

8.1 SMS Program Description

Our SMS messaging program sends appointment confirmations, booking receipts, scheduling updates, text notifications, and customer support alerts to customers who have booked an appointment with KISKI Drainage & Siteworks through our website, scheduling forms, or digital portals.

8.2 Explicit Opt-In Collection

SMS notifications are sent exclusively to individuals who have explicitly opted in to receive communications from us. Opt-in is collected via our web-based contact and scheduling forms through a dedicated, un-checked checkbox indicating consent to receive text messages. Agreement to receive SMS messages is strictly voluntary and is not a requirement or condition of purchasing any services or goods from us.

8.3 Opting Out / Cancellation Instructions

You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, or text "START" to resume receiving notifications.

8.4 Help and Support

If you experience issues with our messaging program, reply directly with the keyword "HELP" for more assistance, call us at (855) 938-9000, or email Pete@KiskiWorks.com.

8.5 Carrier Liability

Wireless carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages.

8.6 Message and Data Rates

Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies depending on your service usage, scheduling requirements, and ongoing project status. For questions about your text plan or data plan, contact your wireless provider.

8.7 Prohibited Content

Our SMS program will never contain:

  • Phishing attempts, smishing, or social engineering designed to manipulate or extract private data.
  • Unlawful content or materials that violate state or federal laws.
  • SHAFT content (Sex, Hate, Alcohol, Firearms, and Tobacco).

8.8 SMS Opt-In Data Protection & Privacy Clause

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes under any circumstances.

8.9 Privacy Policy Integration

For full details regarding how we collect, handle, and secure your personal data, please refer to our complete online Privacy Policy at: https://www.KiskiWorks.comprivacy-policy.

9. Additional Protections & Liability Waivers

9.1 Waiver of Right to Sue

By booking or using our drainage contractor services, you explicitly acknowledge and agree that you waive any right to sue the Company in court or participate in a class-action lawsuit. All disputes must be handled through the binding arbitration process outlined in Section 7.

9.2 Protection Against Vexatious Litigation

You agree not to bring, participate in, or support any vexatious, frivolous, or predatory legal actions against the Company. Any attempt to circumvent the mandatory arbitration provisions through such litigation shall entitle the Company to recover all legal costs, attorneys' fees, and defensive expenses associated with the action, regardless of the outcome.

9.3 Covenant Not to Sue

You covenant and agree that you will not file any lawsuit, claim, or legal proceeding against the Company or its employees, officers, directors, or affiliates in any jurisdiction for claims arising out of or connected to the use of our Services, Website, or products.

10. Contact Information

For technical support, feedback, general inquiries, or questions regarding these Terms of Service, please reach out to us at:


Company Name: KISKI Drainage & Siteworks

Phone: (855) 938-9000

Email: Pete@KiskiWorks.com

Website Portal: www.KiskiWorks.com