Terms of use

1. Acceptance of these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and Industrial Maintenance Solutions(“IMS,” “we,” “us,” “our”) governing your access to and use of the website at https://www.imsbelzona.com(the “Site”). By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.

2. Definitions

“Content” means all text, data, images, technical documents, video, code, and other materials available on the Site. “Belzona” refers to Belzona Polymerics Limited and its authorized product range. “Submission” means any information, inquiry, or material you send to us through the Site. Other capitalized terms have the meanings given where they first appear.

3. About us

Industrial Maintenance Solutions is the authorized Belzona distributor for Virginia, Maryland, Washington, D.C., and most of West Virginia. We supply Belzona industrial protective coatings and polymer repair composites and support their application. The Site is informational and is a means for you to learn about products and request assistance; it is not an online store, and no prices, orders, or contracts of sale are formed through it.

4. Eligibility

The Site is intended for business and professional users who are at least 18 years old and able to form a binding contract. It is not directed to children, and you may not use the Site if you are barred from doing so under applicable law.

5. Use of the Site and acceptable-use rules

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal, informational, and procurement- evaluation purposes. You may browse the Site, download publicly offered documents (Technical Data Sheets, Instructions for Use), and submit inquiries. You agree not to:

• use the Site for any unlawful, infringing, or fraudulent purpose;
• attempt to gain unauthorized access to the Site, its servers, or any connected system or network;
• interfere with or disrupt the Site’s operation, integrity, or security;
• scrape, crawl, harvest, or use automated means to extract data from the Site, or use the Site or its Content to develop, train, or improve any machine-learning or AI model, without our prior written permission;
• upload or transmit viruses, malware, or other harmful code;
• circumvent or disable any security or access-control feature, or remove any proprietary notice; or
• impersonate any person or entity or misrepresent your affiliation with any person or entity.

We may suspend or terminate your access at any time, without notice, for conduct we reasonably believe violates these Terms or harms the Site, us, or others.

6. Your submissions and their accuracy

You are responsible for the accuracy of any information you submit and agree to provide true, current, and complete information. Do not submit confidential, proprietary, or sensitive personal information through the Site (see our Privacy Policy, Section 2.4). You represent that you have the right to share any information you submit and that it does not violate any third party’s rights or any law.

7. Intellectual property

The Site’s design, original text, layout, graphics, and code are owned by Industrial Maintenance Solutions or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license in Section 5, no rights are granted to you. You may not reproduce, distribute, modify, publicly display, or create derivative works from the Content without our prior written permission, except that you may view and print individual pages for your internal evaluation use.

8. Trademarks

“Belzona” and Belzona product names and logos are trademarks of Belzona Polymerics Limited, used by us under authorization as an authorized distributor. Product imagery, technical data, and application photography are used under that authorization. All other trademarks are the property of their respective owners. Nothing on the Site grants you any license to use any trademark.

9. Feedback

If you send us suggestions, ideas, or feedback about the Site or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you. Please do not send us ideas you consider confidential.

10. Product information and accuracy

Product specifications, technical data, and application guidance on the Site are derived from manufacturer data and are provided for general reference only. While we make reasonable efforts to keep information accurate:

• product data is subject to change by the manufacturer without notice;
• application suitability depends on site-specific conditions, always consult our technical team before specifying or applying a system;
• certifications and approvals shown are based on manufacturer records; verify current status for critical or regulated applications.

Nothing on the Site is a warranty or guarantee of product performance. Product warranties, if any, are governed solely by the manufacturer’s written warranty terms or a separate written agreement with you.

11. Case studies and illustrative results

Case studies and project descriptions on the Site illustrate completed work under specific conditions. Results are not typical, not guaranteed, and not a prediction of outcomes for any other application. Always consult our technical team for your specific situation.

12. No professional or engineering advice

The Site’s Content is general information and is not engineering, safety, regulatory, or other professional advice, and creates no professional relationship. Do not rely on the Site as a substitute for a qualified assessment of your equipment, materials, and conditions. You are responsible for determining the suitability of any product or method for your intended use and for complying with applicable codes, safety requirements, and manufacturer instructions.

13. Third-party links and services

The Site may link to third-party sites and services (for example, Belzona.com, Belzona Connect, and YouTube). We do not control and are not responsible for their content, policies, or availability. Your use of third-party sites is governed by their own terms and policies.

14. Privacy

Our Privacy Policy describes how we collect, use, share, and protect information, our opt-in cookie-consent model, and your rights. By using the Site, you acknowledge those practices.

15. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Industrial Maintenance Solutions AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US $100.00). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

17. Indemnification

You agree to indemnify, defend, and hold harmless Industrial Maintenance Solutionsand its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your Submissions, your violation of these Terms, or your violation of any law or third-party right.

18. Dispute resolution; binding arbitration; waivers

18.1 Informal resolution first. Before starting any proceeding, you agree to contact us (Section 27) and work in good faith to resolve the dispute informally for at least thirty (30) days.

18.2 Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding individual arbitrationadministered by the American Arbitration Association (AAA) under its Consumer or Commercial rules, as applicable. The arbitration shall be conducted by a single arbitrator, seated in Shenandoah County, Virginia (or by remote/video hearing at the arbitrator’s discretion). The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class-action and jury-trial waiver. Disputes will be conducted only on an individual basis and not as a class, consolidated, collective, or representative action. You and IMS waive any right to a jury trial. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court under Section 19, and the remainder of this Section 18 stays in effect for all other claims.

18.4 Small-claims and equitable relief. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or prevent unauthorized access or irreparable harm, without first arbitrating.

18.5 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to the address in Section 27 within 30 days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other provision of these Terms.

18.6 Time limit. Any claim must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

19. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. For any matter not subject to arbitration under Section 18, you consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Shenandoah County, Virginia, and waive any objection to that venue.

20. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, utility or network failures, cyberattacks, governmental action, or supplier failures.

21. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.

22. No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing to be effective.

23. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary (or, if it cannot be, severed), and the remaining provisions will continue in full force and effect. If the class-action waiver in Section 18.3 is found unenforceable as to a particular claim, the arbitration agreement will not apply to that claim, which will proceed in court subject to Section 19.

24. Electronic communications

When you use the Site or contact us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

25. Entire agreement

These Terms, together with our Privacy Policy, are the entire agreement between you and Industrial Maintenance Solutions regarding the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written. These Terms do not govern the separate written agreements, quotes, or warranties that may apply to the purchase of products or services.

26. Changes to these Terms

We may update these Terms from time to time. The effective date above reflects the most recent revision, and material changes will be noted on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

27. Contact

Questions about these Terms, or arbitration opt-out notices, may be sent to: Legal Notices, Industrial Maintenance Solutions, Inc., 317 Tisinger Road, Mount Jackson, VA 22842; by phone at (540) 984-8162; by fax at (540) 984-8231; or through our contact form.