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Terms of Use

The license and rules for this website and the invite-only client portal.

Last updated September 27, 2026

Agreement

These Terms of Use (the “Terms”) are the license between you and Pro-Tank Water Solutions LLC, a Florida limited liability company (“Pro-Tank,” “we,” “us”). They are the rules for protankwater.com, the client portal, and related emails. We publish them to set those rules and to protect both parties.

You agree to these Terms by checking the acceptance box when you set a password, by signing in, or by using the site. An estimate request is not acceptance of these Terms and is not a contract for work. If you use the portal for an organization, you represent that you are 18 or older and have actual authority to bind that organization. If you lack that authority, do not use the portal.

Field work is also governed by the quote, proposal packet, and any written contract for that job (the “Job Documents”). Order of precedence: (1) a signed written contract for that job; (2) the issued quote and attached proposal; (3) these Terms for the website and portal only. Job Documents control scope, price, schedule, payment terms for the work, warranty, and field-work liability. These Terms control the website, portal, accounts, and electronic records. The Privacy Policy describes our privacy practices and is part of these Terms.

What this is not

These Terms are a software and website license. They are not a construction contract, not a contract for professional engineering services, and not an agreement to perform field work. Nothing here is intended to be an indemnity or risk-transfer clause under Florida Statutes § 725.06. Field-work indemnity, insurance, and limitation of liability, if any, appear only in the Job Documents.

We are an independent contractor. These Terms do not create a partnership, joint venture, employment, or agency relationship with you or with any hosting, payment, or bookkeeping provider.

Website content

Public-site text, photos, and service descriptions are general information. They are not an offer, a bid, a specification, or a guarantee. An estimate request is an invitation for us to contact you. Only a quote we issue, or a Job Document, is an offer. We may correct typographical or pricing errors. We may withdraw or expire a quote as it states. Approving a quote after it has expired is not acceptance unless we confirm in writing.

License

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the public website and, if we invite you, the portal, solely for your organization’s business with Pro-Tank. We and our licensors own the software, design, trademarks, and documentation. We do not sell you a copy of the portal. You may not copy, scrape, reverse engineer, frame, resell, or build a competing service from it, except to the extent the law forbids that restriction. You may not remove proprietary notices.

Accounts and security

Portal accounts are created by invitation only. There is no public registration. You must provide accurate information, keep credentials confidential, and complete multi-factor authentication if you are staff or admin. Do not share a login. You and your organization are responsible for all activity under your accounts until you notify us at info@protankwater.com that a credential is lost or misused. We may rely on actions taken with those credentials.

We may deactivate unused invitations, inactive logins, or accounts that violate these Terms. We may also deactivate a login if invoices remain unpaid or if we suspect abuse. That is a manual step, not an automatic lockout. Your organization is responsible for who it asks us to invite and for telling us when someone should no longer have access.

Acceptable use

  • Use the portal only for service requests, quotes, jobs, billing, and document exchange with us.
  • Do not upload malware or files you lack the right to share. Allowed types are PDF, JPEG, PNG, WEBP, DWG, and DXF, subject to the size limit shown in the portal.
  • Do not upload classified information, export-controlled technical data, protected health information, or other data the law forbids you to share with a contractor through a commercial website.
  • Do not access another organization’s data or probe, scrape, or bypass security controls.
  • Do not interfere with the service or use it to send unsolicited bulk email.
  • Do not use the service if you are under 18 or for any unlawful purpose.
  • Comply with applicable law and with our payment and bookkeeping providers’ terms when those services are used.

Your content and our materials

You retain ownership of files and text you submit. You grant Pro-Tank a worldwide, royalty-free license to host, display, copy, and use that content to perform the work, operate the portal, keep records, and meet legal duties. The license survives so we can retain records we are legally required to keep. You represent that you have the rights needed to grant that license and that your content does not infringe others’ rights. We may remove content that violates these Terms or the law.

Quotes, proposals, drawings, reports, and other materials we prepare remain Pro-Tank’s intellectual property except as a Job Document says otherwise. You may use them for the project they were issued for and may not reuse them on other projects without our written consent. If you send feedback about the portal, you assign to us all right, title, and interest in that feedback, and we may use it without restriction or obligation to you.

Quotes, work, and invoices

Approving a quote in the portal — including checking that you accept the quote and its terms — is an electronic signature and an acceptance by your organization of the scope, price, and terms shown on that quote and any attached proposal. It is intended to be valid under the federal ESIGN Act, 15 U.S.C. § 7001 et seq., and Florida’s Uniform Electronic Transactions Act, Fla. Stat. § 668.50. We keep a record of the decision (account, time, and security log). You agree that record is evidence of the act.

Scheduling after approval still depends on site access, permits, and weather as the quote states. The portal does not offer approval after the valid-until date or after a revision replaces the quote. An expired quote is not an offer. Invoices are due as printed. A portal display is a convenience; the issued PDF and the Job Documents control if something conflicts. Taxes are as stated on the invoice or Job Documents. Unpaid amounts may result in deactivation of a login; they do not excuse amounts already owed.

Payments

You can pay an invoice by ACH credit, domestic wire, or check. Put the invoice number in the memo. Mail checks to the address shown under Check on the invoice and on your account page. Incoming bank transfers are applied to the first open invoice named in the memo, or to the only open invoice that matches the amount exactly. We do not pick among several invoices. Unmatched transfers are applied by our staff; the payment processor may return them after 75 days if they stay unmatched.

When online bank debit is enabled, you may pay a remaining balance at or under the limit shown in the portal through the payment processor’s checkout. You authorize that debit there, not by entering bank login details on our site. Use a business deposit account you are authorized to debit. There is no portal fee for that debit. It usually takes up to four business days to clear. Larger balances, or invoices while debit is off or a payment is already processing, are paid by ACH credit, wire, or check.

Portal payments are commercial transactions. They are not consumer credit and are not intended to be consumer electronic-fund transfers under Regulation E. Remittance details, when shown, are processor-issued virtual-account instructions unique to your organization, not a representation that we are a bank or money transmitter. The processor’s terms apply to that checkout. Failed, returned, or disputed payments may delay work and may incur your bank’s fees. Refunds, if any, follow the Job Documents and our ledger. Currency is United States dollars.

Bookkeeping

If a Pro-Tank admin connects our bookkeeping system, the portal sends customers, invoices, and payments into Pro-Tank’s books. It does not connect to your bookkeeping company.

A Pro-Tank admin may disconnect the integration at any time from Admin → Integrations. Disconnecting revokes our tokens and stops new access. Records already written to our books remain there. The bookkeeping provider may require us to suspend the connection if we do not meet its platform rules.

Third-party services

Hosting, authentication, email, payments, and bookkeeping rely on third-party providers. Their outages, changes, or terms are outside our control. Those providers are not our partners in the field work and do not sponsor Pro-Tank. We do not promise a specific uptime for the portal unless a written contract says otherwise. We may change or discontinue portal features with notice to admins where practical.

Confidentiality and public records

Treat non-public portal documents as confidential and share them only with people who need them for the project, as required by law, or as we permit. You are responsible for how you classify what you upload (including critical-infrastructure details). If you are a public agency, information in the portal may be a public record of your agency under Florida Chapter 119 or similar laws. Nothing in these Terms requires you to withhold a record you must release, and nothing prevents us from disclosing records we are legally required to disclose.

No professional or safety advice

Portal files are not sealed engineering unless a licensed professional’s seal appears on that file. Information in the portal does not replace your site-specific safety plan, permits, lockout/tagout, or confined-space program. You remain responsible for conditions at your facility.

Disclaimer

THE WEBSITE AND PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant uninterrupted, secure, or error-free access, or that files will be free of harmful code. Warranties for field work, if any, are only those in the Job Documents.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO-TANK AND ITS MEMBERS, MANAGERS, AND PERSONNEL ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM THE WEBSITE OR PORTAL, EVEN IF ADVISED OF THE POSSIBILITY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. This limit applies to contract, tort (including negligence), strict liability, and statute, to the extent the law allows.

Our aggregate liability arising from the website or portal will not exceed the fees you paid us for the project giving rise to the claim in the twelve months before the claim, or one hundred dollars if there were no such fees. This does not limit: (a) liability the law does not allow us to limit; (b) our fraud or willful misconduct; (c) field-work liability, which is only as stated in the Job Documents; or (d) amounts you owe us.

Indemnity

This section applies only to the website and portal. It does not apply to field work and is not an indemnity under Florida Statutes § 725.06.

You will defend and indemnify Pro-Tank and its members, managers, and personnel against third-party claims, damages, and reasonable legal fees arising from (a) content you upload, (b) your misuse of the portal, or (c) your violation of these Terms or third-party rights, in each case only to the extent caused by you or your users, and not to the extent caused by our negligence, gross negligence, or willful misconduct.

If you are a federal, state, or local government entity, this obligation applies only to the extent permitted by law. Nothing here waives sovereign immunity. If a court treats these Terms as part of a public-agency construction contract, indemnity is only to the extent caused by your negligence, recklessness, or intentional misconduct, as Florida Statutes § 725.06(2) allows, and any broader duty is void.

Term and termination

These Terms last while you use the site or portal. We may deactivate a login if you violate them, if an invitation lapses, if invoices remain unpaid, if the business relationship ends, or if a platform provider requires it. You may stop using the portal at any time and ask us to deactivate your login. Sections that by nature should survive (including license restrictions, payment, confidentiality, intellectual property, disclaimers, liability limits, indemnity, claims, and governing law) survive.

Electronic notices and records

You agree that we may send notices, invitations, password links, quotes, invoices, and payment messages by email to the address on your account, and that electronic records (including quote approvals and checkbox acceptances) satisfy any writing or signature requirement. Legal notices to us must go to info@protankwater.com and 1200 Brickell Ave., Suite 1950 PMB 70511, Miami, FL 33131. Informal project email is not notice under these Terms unless we confirm it.

Force majeure

Neither party is responsible for delay or failure caused by events beyond reasonable control, including outages of hosting, email, payment, or bookkeeping providers, cyber incident, utility failure, weather, labor dispute, epidemic, or government action. This does not excuse payment of amounts already owed.

Export and sanctioned parties

You represent that you are not on a U.S. sanctions or denied-party list and will not use the site in a sanctioned jurisdiction. You will not use the portal to export or re-export technical data in violation of U.S. export-control law.

Claims and governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules that would apply another state’s law. Exclusive venue for disputes arising from the website or portal is the state or federal courts in Miami-Dade County, Florida, and you consent to that jurisdiction. Job-Document dispute clauses, if any, control for that job. If you are a government entity and a statute requires a different venue or law, that statute controls to the extent it must.

Florida Statutes § 95.03 forbids shortening the time to sue. These Terms do not shorten any statute of limitations. The time to bring a claim is the period Florida law provides.

IF YOU ARE NOT A GOVERNMENT ENTITY, YOU AND WE WAIVE A JURY TRIAL FOR DISPUTES ARISING FROM THE WEBSITE OR PORTAL, AND YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION, TO THE EXTENT THE LAW ALLOWS. Government entities are not asked to waive a jury or class procedure.

The prevailing party in an action to enforce these Terms (not the Job Documents) may recover reasonable attorneys’ fees and costs, to the extent the law allows — including, for a government entity, only if a statute permits it. We may seek injunctive relief to stop misuse of the portal or our intellectual property without proving actual damages, to the extent a court will grant that relief. Remedies are cumulative.

General

These Terms are the entire agreement for the website and portal and supersede prior terms for that subject. They are not construed against the drafter. If a provision is unenforceable, a court may modify it to the minimum extent needed, and the rest remains in effect. We may update these Terms by posting a new version and changing the date above; material changes apply going forward. We may assign these Terms in connection with a sale or reorganization; you may not assign them without our consent. A waiver must be in a writing signed by the party waiving it. There are no third-party beneficiaries except that our members, managers, and personnel may rely on the liability and indemnity provisions. Headings are for convenience only. The official language is English. If you need an accessibility accommodation to use the site, email info@protankwater.com.

Contact

Pro-Tank Water Solutions LLC
1200 Brickell Ave., Suite 1950 PMB 70511, Miami, FL 33131
info@protankwater.com