Terms of Service

Last Updated: October 1, 2026

Introduction and Acceptance of Terms

Thank you for visiting and its associated content, tools, and features (collectively, the “Website”), provided by Ivan Ware & Son, LLC d/b/a WARE (“WARE”, “we,” “us,” or “our”).

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the Website. By accessing or using the Website or otherwise engaging with the Website, you agree to be bound by these Terms and any additional policies or terms incorporated into them by reference.

Please read these Terms carefully before using the Website. If you do not agree to these Terms, you should not use the Website.

Your use of the Website is also subject to our Privacy Notice, which describes how we collect, use, disclose, and otherwise process Personal Information and is incorporated into these Terms by reference.

Scope. These Terms govern only your access to and use of the Website and the informational content and online features available through it. They do not govern the sale, rental, lease, installation, service, repair, or engineering of any equipment or any other commercial transaction with WARE, including any training programs. All such transactions are governed exclusively by a separate written agreement, quotation, or WARE's standard terms and conditions accepted through WARE's contracting process. Nothing on the Website — including any specification, price, availability, quote request, or configuration — constitutes an offer, and no order is binding on WARE until accepted in writing by an authorized representative. In the event of any conflict or inconsistency between these Terms and a separate written agreement between you and WARE, the separate written agreement controls as to the subject matter it addresses. Any dispute arising out of a transaction governed by a separate written agreement is subject to the dispute resolution provisions of that agreement and is not subject to the Arbitration Agreement in these Terms.

Eligibility and Authority. By using the Website, you represent that you have the legal capacity to enter into this Agreement. If you access or use the Website on behalf of a business, employer, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

Use of the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You must be at least 18 years old to use the Website. You are responsible for your use of the Website and for complying with all laws and regulations applicable to your activities.

You may not:

• use the Website for any unlawful, fraudulent, or unauthorized purpose;
• violate the intellectual property, privacy, publicity, or other rights of WARE or any third party;
• interfere with or disrupt the operation, security, or functionality of the Website;
• introduce viruses, malware, malicious code, or other harmful technology;
• circumvent or attempt to circumvent security or technological protection measures;
• use automated means to scrape, extract, reproduce, or collect content or data from the Website except as expressly permitted by WARE; or
• reproduce, republish, distribute, sell, resell, or commercially exploit the Website or its content without WARE's prior written permission.

Intellectual Property Rights. The Website and all content made available through it, including text, graphics, photographs, videos, illustrations, diagrams, articles, downloadable materials, logos, trademarks, service marks, software, and the selection and arrangement of such content, are owned by WARE or its licensors and are protected by applicable intellectual property laws. Except as expressly authorized by WARE in writing, you may not copy, reproduce, modify, distribute, publicly display, publicly perform, publish, create derivative works from, sell, license, or otherwise exploit any portion of the Website or WARE's content. WARE grants you a limited, nonexclusive, nontransferable, revocable right to access and use the Website for its intended purposes and in accordance with these Terms.

SMS and Text Messaging. WARE may make SMS or other text-message communications available. By voluntarily providing your mobile telephone number or using an SMS feature made available by WARE, you authorize WARE and its communications service providers to send messages necessary to provide the requested communication or service. Message and data rates may apply depending on your mobile carrier and plan. WARE does not guarantee that text-message services will be uninterrupted, timely, or error-free. WARE does not share mobile information with third parties for marketing or promotional purposes. Mobile information may be disclosed to service providers, including communications providers such as Twilio, solely as necessary to provide messaging services on WARE's behalf or as otherwise permitted or required by law.

Email Communications. If you elect to receive marketing communications from WARE, WARE may send you information concerning its products, services, training programs, events, and other offerings. You may opt out of marketing emails at any time by following the unsubscribe instructions included in the communication. Opting out of marketing communications does not prevent WARE from sending transactional, administrative, or service-related communications where necessary.

Third Party Services and Links. The Website may contain links to, integrate with, or make use of websites, applications, tools, or services provided by third parties. WARE does not own or control third-party services and is not responsible for their content, availability, security, terms, or privacy practices. Your use of a third-party service may be governed by that third party's own terms and policies.

Privacy. WARE's collection, use, and disclosure of Personal Information is described in our Privacy Notice, which is incorporated into these Terms by reference.

Accuracy of Website Information; Errors and Omissions. WARE attempts to provide accurate and current information through the Website, but information may occasionally contain errors, inaccuracies, or omissions. WARE reserves the right to correct errors, update information, and modify or discontinue content, products, services, pricing, or availability at any time, subject to applicable law. Information provided through the Website is made available for general informational purposes and should not be relied upon as a substitute for information specifically applicable to a particular product, installation, maintenance procedure, safety requirement, or technical circumstance.

Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WARE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPLETELY ACCURATE OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF WARE AND THE PARTIES IDENTIFIED ABOVE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE WEBSITE, EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification. To the extent permitted by law, you agree to indemnify, defend, and hold harmless WARE and its officers, directors, employees, agents, affiliates, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, misuse of the Website, violation of applicable law, or infringement of the rights of a third party.

Suspension and Termination. WARE may suspend or terminate your access to all or any portion of the Website if WARE reasonably believes that you have violated these Terms, misused the Website, engaged in unlawful or fraudulent conduct, or created a security or operational risk. Provisions that by their nature should survive termination—including intellectual property, disclaimers, limitations of liability, indemnification, the Arbitration Agreement, the Class Action Waiver, and the jury trial waiver—will survive termination.

Assignment. WARE may assign these Terms, in whole or in part, without notice or consent. You may not assign or transfer these Terms without WARE's prior written consent, and any attempted assignment in violation of this provision is void.

Governing Law; Dispute Resolution; Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND WARE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.

Governing Law. These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or your access to or use of the Website, whether sounding in contract, tort, statute, or otherwise (each, a “Dispute”), are governed by the laws of the State of Indiana, without regard to its conflict of laws principles or any rule that would result in the application of the laws of another jurisdiction. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Scope. This Arbitration Agreement applies only to Disputes arising out of or relating to your access to or use of the Website and these Terms. It does not apply to any dispute arising out of or relating to the sale, rental, lease, installation, service, repair, or engineering of equipment, to any training program, or to any other commercial transaction with WARE, each of which is governed exclusively by the dispute resolution provisions of the applicable separate written agreement.

Informal Resolution. Before initiating arbitration or any other proceeding, the party raising a Dispute must first send the other party a written Notice of Dispute. A Notice of Dispute from you must be sent to WARE at the address in the Contact Information section and must be personally signed by you, state your full name, mailing address, and email address, describe the nature and basis of the Dispute in sufficient detail to permit evaluation, state the specific relief sought and the basis for calculating it, and, if you are represented by counsel, be signed by counsel as well. A Notice of Dispute signed only by counsel, or submitted on behalf of multiple claimants, does not satisfy this requirement. The parties will attempt in good faith to resolve the Dispute for sixty (60) days after the Notice of Dispute is received. Either party may request an individualized telephone settlement conference during that period, and both parties will participate. Completion of this process is a condition precedent to initiating arbitration, and any applicable limitations period is tolled during the sixty-day period.

Agreement to Arbitrate. If the Dispute is not resolved through the informal process above, you and WARE agree to resolve it exclusively through final and binding individual arbitration, except as expressly provided below. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect at the time the arbitration is commenced. The arbitrator has exclusive authority to resolve any Dispute, including any question of the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that a court has exclusive authority to determine the enforceability of the Class Action Waiver below. Arbitration will be conducted by telephone, videoconference, or on written submissions unless the arbitrator determines an in-person hearing is necessary, in which case the hearing will take place in Floyd County, Indiana or, at your election, in the county of your residence. The arbitrator’s award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual action in small claims court if it qualifies and remains in that court. Nothing in this Arbitration Agreement limits WARE’s right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, or to prevent unauthorized access to or use of the Website.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this Class Action Waiver is found to be void or unenforceable as to any Dispute or any request for particular relief, then this entire Arbitration Agreement is void as to that Dispute, and that Dispute shall be resolved in the courts identified below. The Class Action Waiver is not severable from the remainder of this Arbitration Agreement.

Coordinated Filings. If twenty-five (25) or more Notices of Dispute or demands for arbitration raising substantially similar claims are filed by or with the assistance of the same or coordinated counsel or organizations, the parties agree that the AAA Mass Arbitration Supplementary Rules apply and that the demands will be administered in sequential batches of no more than fifty (50). The parties will select an equal number of bellwether cases from each batch, which will proceed first, and the remaining demands in that batch will be stayed pending their resolution. Any applicable limitations period is tolled for demands held in abeyance. Following each batch, the parties will engage in a global mediation before proceeding to the next batch.

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, IF ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY.

Judicial Forum for Excluded Disputes. Any Dispute that is not subject to arbitration under this section, and any action to compel arbitration or to enforce an arbitration award, will be brought exclusively in the state courts located Floyd County, Indiana, or in the United States District Court for the Southern District of Indiana. Each party irrevocably consents to the personal jurisdiction of those courts, waives any objection to venue in those courts, and waives any defense of inconvenient forum.

Your Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice to WARE at the address in the Contact Information section within thirty (30) days after you first accept these Terms. The notice must include your full name, mailing address, and email address and must state your intent to opt out of arbitration. Opting out does not affect any other provision of these Terms, and it will not affect your use of the Website. If you opt out, Disputes will be resolved in the courts identified above.

Survival. This Arbitration Agreement, including the Class Action Waiver, survives termination of these Terms and any termination of your access to the Website.

Attorneys' Fees. In any action or proceeding to enforce or arising out of these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees, and costs, including fees and costs incurred on appeal and in any collection or enforcement of a judgment, in addition to any other relief to which it may be entitled. This section does not apply in arbitration, where the allocation of attorneys’ fees and costs is governed by the applicable AAA rules and applicable law.

Force Majeure. WARE will not be responsible for a delay, cancellation, interruption, or failure to perform caused by circumstances beyond its reasonable control, including severe weather, natural disasters, acts of government, labor disruptions, utility or telecommunications failures, epidemics or pandemics, transportation interruptions, or similar events.

Severability; Waiver; Entire Agreement. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect. WARE's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other right. These Terms, together with any policies or additional terms expressly incorporated by reference, constitute the agreement governing your use of the Website, except to the extent you and WARE have entered into a separate written agreement governing a particular transaction or service.

Changes to These Terms. WARE may update these Terms from time to time. When we do, we will post the revised Terms through the Website and update the “Last Updated” date above. Where required by applicable law, we may provide additional notice of material changes. Any material change to the Arbitration Agreement will not apply to a Dispute for which a Notice of Dispute was submitted before the change was posted.

Contact Information. Questions concerning these Terms may be directed to:

Ivan Ware & Son, LLC d/b/a WARE

5300 Grant Line Rd.

New Albany, IN 47150