Terms and Conditions

§ Introduction

Welcome to Falls Poto Restoration. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of our website located at https://waterdamagerestorationpotomacmd.com/ ("Website"), as well as your engagement of our water damage restoration, mold remediation, fire damage restoration, basement flood cleanup, and related professional services (collectively, "Services") provided by Falls Poto Restoration, owned and operated by Jon Rales, located at 8501 Postoak Rd, Potomac, MD 20854, USA.

By accessing our Website, contacting us through any communication channel, requesting a service estimate, scheduling a service appointment, or engaging Falls Poto Restoration to perform any Services at your property, you ("Client," "Customer," "You") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions in their entirety.

These Terms constitute a legally binding agreement between you and Falls Poto Restoration under the laws of the State of Maryland and applicable federal laws of the United States of America.

1. Company Information

2. Acceptance of Terms

2.1 Agreement to Terms

Your use of this Website and engagement of our Services constitutes your full and unconditional acceptance of these Terms and Conditions. This acceptance is effective immediately upon your first access of the Website or first communication with Falls Poto Restoration through any channel, including but not limited to:

• Visiting or browsing https://waterdamagerestorationpotomacmd.com/
• Submitting a contact form, service request form, or estimate request
• Calling our business at +1 (227) 444-6360
• Sending an email to fallspotorestoration@gmail.com
• Engaging us through any social media platform
• Executing a written service agreement or authorization form
• Allowing our technicians access to your property to perform Services

2.2 Capacity to Contract

By accepting these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority and capacity to enter into a binding contract
• If acting on behalf of a business or organization, you have authority to bind that entity
• You are the property owner or an authorized representative for properties where Services are requested
• All information you provide to Falls Poto Restoration is accurate, complete, and current

2.3 Updates to Terms

Falls Poto Restoration reserves the right to modify, update, or revise these Terms and Conditions at any time without prior individual notice. Updated Terms will be posted on our Website at https://waterdamagerestorationpotomacmd.com/terms-conditions/ with a revised "Last Updated" date. Your continued use of our Website or Services following any update constitutes your acceptance of the revised Terms.

3. Services Provided

3.1 Description of Services

Falls Poto Restoration provides professional water damage restoration, mold remediation, and related property restoration services for residential and commercial properties throughout our service area. Our Services include but are not limited to:

3.2 Service Area

Falls Poto Restoration provides Services throughout Potomac, Maryland and the following surrounding communities:

3.3 Service Standards and Certifications

Falls Poto Restoration holds the following active industry certifications from the Institute of Inspection, Cleaning and Restoration Certification (IICRC):

3.4 Service Limitations

• Services are limited to properties located within our active service area
• Emergency response availability is subject to crew availability and active dispatch capacity at the time of request
• Falls Poto Restoration does not perform plumbing repairs, electrical repairs, HVAC repairs, or structural engineering as part of our restoration scope
• Falls Poto Restoration does not perform asbestos abatement, lead paint remediation, or other regulated environmental hazard removal
• Properties with active hazardous material contamination beyond standard restoration scope may require specialized contractors

4. Estimates, Pricing, and Payment Terms

4.1 Estimates and Proposals

Falls Poto Restoration provides written estimates or scope of work proposals based on conditions assessed at the time of our inspection. Estimates are based on visible and measurable damage conditions at the time of assessment and may be subject to revision as additional damage is discovered during the restoration process. All estimates and proposals are valid for 30 days from the date of issuance unless otherwise stated in writing.

4.2 Authorization to Proceed

Work will not commence until Falls Poto Restoration has received a signed written authorization or service agreement from the client or authorized property representative. In emergency situations where active water or fire damage requires immediate response, the client's permission for our team to enter and begin work constitutes authorization to proceed, followed by written confirmation at the earliest opportunity.

4.3 Payment Terms

4.4 Late Payment

Balances remaining unpaid beyond the terms specified in the service agreement are subject to late payment fees at the rate of 1.5% per month (18% annually) on the outstanding balance, or the maximum rate permitted by Maryland law, whichever is less. Falls Poto Restoration reserves the right to place a mechanic's lien on the property pursuant to applicable Maryland lien laws for unpaid balances.

4.5 Collection Costs

In the event that Falls Poto Restoration must pursue collection of unpaid balances through legal action or collection proceedings, the client agrees to reimburse Falls Poto Restoration for all reasonable costs of collection including court filing fees, attorney fees, and collection agency fees to the extent permitted by applicable Maryland law.

4.6 Price Revisions

If conditions discovered during the restoration process require work beyond the original scope of the estimate, Falls Poto Restoration will provide a written change order or supplemental estimate prior to performing the additional work where time and access conditions allow. Emergency conditions may require immediate action to prevent further damage, with notification to the client as promptly as reasonably possible.

5. Insurance Claims and Coordination

5.1 Insurance Assistance

Falls Poto Restoration regularly works with major homeowners insurance carriers and commercial property insurance carriers serving Montgomery County, Maryland and the greater Washington, D.C. metropolitan region. We provide comprehensive damage documentation to support your insurance claim, including moisture mapping reports, photographic evidence, psychrometric data logs, scope of work documents, and drying logs.

5.2 Client Responsibilities in Insurance Claims

• Notify your insurance carrier of the loss and initiate a claim in a timely manner as required by your policy
• Provide Falls Poto Restoration with accurate insurance policy information, claim numbers, and adjuster contact information
• Cooperate fully with your insurance carrier's investigation and adjustment process
• Understand the terms, conditions, exclusions, and deductible requirements of your own insurance policy

5.3 Assignment of Benefits

If the client executes an Assignment of Benefits (AOB) agreement with Falls Poto Restoration, the client assigns their right to receive insurance benefits for covered restoration work to Falls Poto Restoration. The client remains responsible for any deductible amounts, non-covered services, or costs exceeding the insurance carrier's approved scope. The client retains the right to revoke an AOB assignment within the timeframe permitted by applicable law.

5.4 NFIP and Flood Insurance

Falls Poto Restoration has experience working with National Flood Insurance Program (NFIP) claims for properties in FEMA Special Flood Hazard Areas, particularly in communities along the Potomac River corridor including Cabin John, Maryland. Standard homeowners insurance policies do not cover flood damage caused by external creek or river overflow — this requires a separate NFIP flood insurance policy.

6. Property Access and Client Responsibilities

6.1 Property Access Authorization

By requesting Services and allowing our technicians to enter your property, you represent that you are the property owner or an authorized representative with authority to grant access. You authorize Falls Poto Restoration technicians to access all areas of the property necessary to perform the agreed Services, including access to utilities such as water, electricity, and HVAC systems.

6.2 Utility Access

The client agrees to ensure that electrical power is available at the property for operation of restoration equipment (drying systems, dehumidifiers, air movers) throughout the drying period, which may span multiple days. Power consumption by drying equipment may be significant during the structural drying phase. The client is responsible for associated utility costs incurred at the property during the restoration period.

6.3 Pre-Existing Conditions

Falls Poto Restoration is not responsible for pre-existing damage, defects, or conditions at the property that existed prior to the water, fire, or mold damage event being remediated. Our technicians will make reasonable efforts to identify and document pre-existing conditions prior to commencing work. The client is encouraged to inform our team of any known pre-existing conditions prior to work commencement.

6.4 Content and Personal Property

While Falls Poto Restoration will make reasonable efforts to protect, relocate, or preserve the client's personal property, furnishings, and contents during the restoration process, the client is advised to:

• Remove or identify irreplaceable personal items, documents, medications, and valuables prior to work commencement where possible
• Understand that some content movement is necessary and unavoidable during the restoration process
• Maintain appropriate insurance coverage for personal property and contents

6.5 Hazardous Materials

The client is responsible for disclosing to Falls Poto Restoration prior to commencement of work any known or suspected presence of asbestos-containing materials, lead-based paint, or any other regulated hazardous materials. If hazardous materials are discovered during the restoration process, work in the affected area may be suspended until appropriate testing and abatement is completed by a qualified licensed contractor. The client is responsible for costs associated with hazardous material testing, abatement, and disposal.

7. Warranties and Workmanship Guarantee

7.1 Workmanship Warranty

Falls Poto Restoration warrants that all restoration work performed will be completed in a professional manner consistent with applicable IICRC standards and industry best practices. This workmanship warranty covers defects in the quality of our restoration work directly attributable to our performance for a period of one (1) year from the date of project completion, unless a different warranty period is specified in the written service agreement.

7.2 Warranty Exclusions

This warranty does not cover:

• Damage arising from new or subsequent water intrusion events after project completion
• Mold growth resulting from new moisture sources not addressed during our remediation scope
• Material defects in manufacturer-supplied materials or equipment installed during restoration
• Damage caused by the client's failure to maintain the property or address ongoing moisture sources
• Work performed by third-party contractors not directly engaged by Falls Poto Restoration
• Pre-existing conditions or damage not included in the scope of the restoration work

8. Limitation of Liability

8.3 Third-Party Claims

Falls Poto Restoration shall not be liable for claims arising from the acts or omissions of third-party contractors, insurance carriers, or other parties not directly employed by Falls Poto Restoration.

8.4 Force Majeure

Falls Poto Restoration shall not be liable for any delay or failure to perform Services resulting from causes beyond our reasonable control, including but not limited to: acts of God, severe weather events, natural disasters, government actions, power outages, labor disputes, pandemics, road closures, or access restrictions preventing access to the client's property.

9. Intellectual Property

9.1 Website Content Ownership

All content on the Falls Poto Restoration website at https://waterdamagerestorationpotomacmd.com/ — including text, photographs, graphics, logos, videos, icons, and the overall compilation and arrangement of the Website — is the exclusive intellectual property of Falls Poto Restoration or its licensed content providers and is protected by applicable United States copyright, trademark, and other intellectual property laws.

9.2 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website content for your personal, non-commercial use of evaluating or engaging our Services. This license does not include the right to download, reproduce, copy, distribute, modify, or create derivative works based on Website content without prior written consent from Falls Poto Restoration.

9.3 Trademarks

"Falls Poto Restoration" and associated logos and service marks are trademarks of Falls Poto Restoration. You may not use these marks without prior written permission.

9.4 User-Submitted Content

If you submit any photographs, reviews, comments, or other content to Falls Poto Restoration through any channel, you grant Falls Poto Restoration a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, and display such content in connection with our business and marketing activities.

10. Website Use and Conduct

10.1 Permitted Use

You agree to use the Falls Poto Restoration website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any manner that violates applicable federal, Maryland state, Montgomery County, or local laws or regulations
• Transmit any unsolicited commercial communications or spam
• Introduce viruses, malware, ransomware, or other harmful code into our systems
• Attempt unauthorized access to any portion of the Website, our servers, or systems
• Impersonate Falls Poto Restoration, our employees, or any other person or entity
• Engage in any conduct that interferes with the proper functioning of the Website

10.2 Accuracy of Information

While Falls Poto Restoration makes reasonable efforts to ensure that information on our Website is accurate and current, we do not warrant the completeness, accuracy, timeliness, or reliability of any information on the Website. Always contact us directly at +1 (227) 444-6360 or fallspotorestoration@gmail.com to confirm current information relevant to your specific service needs.

10.3 Third-Party Links

Our Website may contain links to third-party websites provided for convenience and informational purposes only. Falls Poto Restoration does not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party websites. Your access to and use of third-party websites is governed solely by the terms and conditions of those websites.

11. Privacy and Data Protection

11.1 Privacy Policy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

11.2 Personal Information Collection

In the course of providing our Services and operating our Website, Falls Poto Restoration may collect personal information including your name, address, telephone number, email address, property information, insurance information, and payment information. This information is used solely for the purposes of providing Services, communicating with you about your project, processing payments, supporting insurance claims, and improving our services.

11.3 Communications Consent

By providing your phone number and email address, you consent to receive communications from Falls Poto Restoration related to your service requests, appointments, project updates, and relevant promotional communications. You may opt out of promotional communications at any time by contacting us at fallspotorestoration@gmail.com.

12. Dispute Resolution

12.1 Good Faith Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, any service agreement, or the Services provided by Falls Poto Restoration, the parties agree to first attempt to resolve the dispute through good faith direct negotiation. The party asserting a dispute shall provide written notice, and the parties shall have 30 days from such notice to attempt resolution through direct communication.

12.2 Mediation

If direct negotiation fails to resolve the dispute within 30 days, the parties agree to submit the dispute to non-binding mediation through a mutually agreed mediator in Montgomery County, Maryland before pursuing any other legal remedy. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

12.3 Governing Law and Jurisdiction

12.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES PROVIDED BY FALLS POTO RESTORATION.

12.5 Statute of Limitations

Any claim arising out of or relating to these Terms or the Services provided must be filed within two (2) years from the date the claim first arose. Any claim not filed within this period shall be permanently barred.

13. Indemnification

You agree to defend, indemnify, and hold harmless Falls Poto Restoration, its owner Jon Rales, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your breach of these Terms and Conditions
• Your misrepresentation of your authority to authorize Services at a property
• Your failure to disclose known hazardous materials at the property
• Your failure to maintain adequate insurance coverage
• Any third-party claims arising from your actions or omissions in connection with the Services
• Any inaccurate or incomplete information you provided to Falls Poto Restoration
• Your violation of any applicable law, regulation, or third-party right

14. Subcontractors and Third Parties

Falls Poto Restoration may engage qualified subcontractors to perform certain portions of the Services, including specialized trades such as drywall installation, flooring installation, painting, and other reconstruction activities. When subcontractors are engaged:

• Falls Poto Restoration remains the primary point of contact for the client throughout the project
• Subcontractors engaged by Falls Poto Restoration are required to maintain appropriate licensing and insurance
• Falls Poto Restoration is responsible for coordinating subcontractor work within the scope of the agreed service

15. Emergency Services Terms

15.1 24/7 Emergency Response

Falls Poto Restoration offers 24-hour emergency response services seven days a week, every day of the year. Emergency response availability is subject to crew capacity and active dispatch conditions at the time of the request. Contact our emergency line at +1 (227) 444-6360 at any time.

15.2 Emergency Access Authorization

In water damage or fire damage emergency situations, you expressly authorize Falls Poto Restoration technicians to take immediate reasonable actions necessary to prevent further damage to the property and protect occupant safety, including water extraction and containment measures, removal of unsalvageable water-saturated materials necessary for structural drying, ventilation and air quality measures, and utility isolation coordination.

15.3 Emergency Service Rates

Emergency services performed outside standard business hours, including late-night, weekend, and holiday response, may be subject to emergency service rates in addition to standard service rates. Emergency rates will be disclosed to the client at the time of dispatch confirmation or included in the scope of work documentation provided following emergency stabilization.

16. Certifications, Licenses, and Compliance

16.1 Professional Certifications

Falls Poto Restoration maintains active IICRC certifications and relevant state and local licenses required for the performance of our Services in Maryland and Virginia. Our team has earned the following industry recognitions:

16.2 Regulatory Compliance

Falls Poto Restoration operates in compliance with applicable Maryland state regulations, Montgomery County ordinances, Virginia state regulations where applicable, EPA guidelines for mold remediation and hazardous waste handling, and OSHA occupational safety requirements.

16.3 Insurance Coverage

Falls Poto Restoration maintains general liability insurance and workers' compensation insurance as required by applicable Maryland and Virginia law. Evidence of insurance coverage is available upon written request.

17. Social Media and Online Presence

Falls Poto Restoration maintains official business profiles on the following platforms. Interactions on these platforms are also subject to these Terms and Conditions as applicable:

18. Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, unenforceable, or void, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any single provision.

19. Entire Agreement

These Terms and Conditions, together with any signed service agreement, scope of work document, change order, and our Privacy Policy and Disclaimer, constitute the entire agreement between you and Falls Poto Restoration with respect to the subject matter hereof and supersede all prior communications, representations, understandings, or agreements, whether written or oral, relating to such subject matter.

20. Waiver

The failure of Falls Poto Restoration to enforce any right, provision, or condition of these Terms shall not constitute a waiver of that right, provision, or condition. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms and Conditions.

21. Assignment

Falls Poto Restoration may assign, transfer, or delegate any or all of its rights and obligations under these Terms without notice to or consent from you. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Falls Poto Restoration. Any attempted assignment in violation of this provision is null and void.

22. Notices

All formal notices required or permitted under these Terms shall be made in writing and delivered by:

• Email: fallspotorestoration@gmail.com (for non-emergency correspondence)
• Mail: 8501 Postoak Rd, Potomac, MD 20854, USA
• Phone: +1 (227) 444-6360 (for emergency and urgent matters)