Last updated: June 12, 2026
Terms of Service
These Terms of Service ("Terms") govern access to and use of the Kirby Pro Inc. website, online forms, content, and related website features (collectively, the "Site"). By using the Site, submitting a form, uploading materials, or contacting Kirby Pro through the Site, you agree to these Terms.
These Terms apply to website use and online inquiries. They do not by themselves create a construction contract, installation agreement, purchase order, subcontract, warranty, credit agreement, or obligation for Kirby Pro to perform work. Any actual flooring project, proposal, change order, payment term, warranty, schedule, or scope of work must be addressed in a separate written agreement or written project document accepted by Kirby Pro.
1. About the Site
The Site provides general information about commercial flooring services, flooring systems, industries served, resources, contact options, and bid-request workflows. Site content is for business information only. It is not legal, engineering, architectural, safety, code, insurance, tax, or project-specific professional advice.
2. Eligibility and Authority
You may use the Site only if you can enter into a binding agreement and comply with these Terms. If you submit information on behalf of a company, property, owner, contractor, association, public entity, or other organization, you represent that you have authority to provide that information and communicate with Kirby Pro about the requested matter.
3. Bid Requests, Estimates, and Project Communications
Submitting a form, sending plans, calling, emailing, scheduling a site walk, or requesting a proposal does not guarantee that Kirby Pro will accept the project, provide a proposal, hold pricing, reserve labor, meet a requested schedule, or perform work. Kirby Pro may decline, delay, or request additional information for any inquiry.
Any pricing, budget range, schedule discussion, product discussion, or preliminary recommendation provided through website follow-up is informational unless stated in a separate written proposal or agreement accepted by Kirby Pro. Flooring work often depends on site conditions, substrate condition, moisture, demolition needs, access, phasing, product availability, change orders, code or building requirements, and other conditions that may not be known from a website submission.
4. Separate Project Terms Control
If Kirby Pro and a customer enter into a proposal, contract, purchase order, subcontract, change order, or other written project document, that project document controls the specific work, scope, pricing, schedule, payment terms, warranty, exclusions, insurance requirements, safety requirements, dispute process, and other project obligations. If these website Terms conflict with signed project terms, the signed project terms control for that project.
5. User Submissions and Uploaded Materials
You are responsible for the information and files you submit. By submitting plans, photos, drawings, specifications, messages, or other materials, you represent that you have the right to provide them and that they do not violate another person's or company's rights. You grant Kirby Pro a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, review, and share those materials as reasonably necessary to evaluate, respond to, estimate, document, or perform the requested project or communication.
Do not upload malicious files, unlawful content, confidential materials you are not authorized to share, sensitive personal information not needed for the project, protected health information, financial account credentials, or content that infringes intellectual property rights. Kirby Pro may remove, ignore, or delete submissions that appear incomplete, unsafe, unlawful, irrelevant, or inconsistent with these Terms.
6. Communications Consent
When you provide contact information, you authorize Kirby Pro and its service providers to contact you by phone, email, voicemail, text message, or other reasonable methods about your inquiry, requested services, scheduling, proposals, project coordination, and related business matters. Message and data rates may apply for texts. You can ask us to stop nonessential marketing communications, but we may still send service, project, legal, or transactional communications.
7. Acceptable Use
You agree not to misuse the Site. Prohibited conduct includes:
- submitting false, misleading, unauthorized, unlawful, or infringing information;
- using the Site to send spam, malware, automated scraping, attacks, excessive requests, or harmful code;
- attempting to bypass security, access nonpublic systems, or interfere with the Site;
- copying, framing, reselling, or exploiting Site content except as allowed by law or written permission;
- using the Site to harass, threaten, impersonate, defame, or violate another party's rights;
- using forms or contact channels for unrelated solicitations, recruiting, lead resale, or abusive messages.
8. Intellectual Property
The Site, including text, layout, graphics, logos, service descriptions, resources, photographs, code, and design elements, is owned by Kirby Pro or its licensors and is protected by intellectual property laws. You may view and print reasonable portions of the Site for your own internal business evaluation of Kirby Pro services. No other license is granted unless Kirby Pro gives written permission.
9. Third-Party Services and Links
The Site may include links, embedded features, maps, forms, analytics tools, social links, manufacturer references, or other third-party resources. Kirby Pro does not control third-party websites or services and is not responsible for their content, availability, security, terms, or privacy practices. Your use of third-party services is at your own risk and may be governed by their terms.
10. No Guarantee of Site Availability or Accuracy
Kirby Pro works to keep Site information useful, but flooring services, product availability, codes, manufacturer requirements, service areas, pricing factors, and project conditions can change. Site content may contain errors, omissions, outdated information, or typographical issues. Kirby Pro may update, remove, or change Site content at any time without notice.
11. Disclaimers
To the maximum extent permitted by law, the Site and all Site content are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Kirby Pro disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation.
Any project-specific warranty, if offered, must be stated in a separate written project document. Website statements, resource pages, service descriptions, photos, or examples do not create a warranty for a specific project.
12. Limitation of Liability
To the maximum extent permitted by law, Kirby Pro and its owners, officers, employees, contractors, service providers, and agents will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising from or related to the Site, even if advised of the possibility of such damages. To the maximum extent permitted by law, Kirby Pro's total liability for claims arising from Site use will not exceed one hundred U.S. dollars or the amount you paid Kirby Pro specifically for Site access, whichever is greater.
These limitations do not limit liability that cannot be limited under applicable law and do not replace any liability terms in a separate signed project agreement.
13. Indemnification
You agree to defend, indemnify, and hold harmless Kirby Pro and its owners, officers, employees, contractors, service providers, and agents from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from your Site use, your submissions, your violation of these Terms, or your violation of another party's rights.
14. Privacy
Our collection and use of information through the Site is described in the Privacy Policy. By using the Site, you acknowledge that website and inquiry information may be handled as described there.
15. Suspension and Termination
Kirby Pro may restrict, suspend, block, or terminate access to the Site or any form feature at any time if we believe a user violated these Terms, created a security or legal risk, submitted abusive content, or used the Site in a way that interferes with normal operations.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Unless a separate written agreement states otherwise, any dispute arising from or related to the Site or these Terms will be brought in the state or federal courts located in Orange County, Florida, and each party consents to personal jurisdiction and venue there.
17. Changes to These Terms
Kirby Pro may update these Terms from time to time. The updated version will be posted on this page with a new Last Updated date. Continued use of the Site after changes are posted means you accept the updated Terms.
18. Severability and No Waiver
If any part of these Terms is found unenforceable, the remaining parts will remain in effect. Kirby Pro's failure to enforce a provision does not waive the right to enforce it later.
19. Contact Kirby Pro
Questions about these Terms can be sent to Kirby Pro Inc., 6000 Metrowest Blvd. Suite 200, Orlando, FL 32835, by phone at 888-814-8128, or by email at contact@kirbyproinc.com. For project inquiries, use the request a bid page or the contact page.
