RUWBI INC · Terms of Service

1. Acceptance of These Terms

By accessing our website or using our services you confirm that you have read these Terms of Service and that you agree to be bound by them. If you use the website or our services on behalf of a company, a trust, a partnership or another person, you confirm that you have authority to bind that party to these terms.

These terms apply together with any written work order, schedule or agreement we sign with you. If there is a conflict between these terms and a signed agreement, the signed agreement controls for the work it covers.

We may update these terms from time to time as described in section nineteen. When you continue to use the website or our services after a change takes effect, you accept the changed terms. Reading these terms once is not enough to keep you current, so we encourage you to check this page when a new season begins.

2. Who We Are and What We Do

RUWBI INC operates shared irrigation headgates, flumes and turn schedules for small farms and acreage owners from a working shed at 2024 W Bonneville Ln, Kaysville - 84037-6859, United States (US). Our work includes operating and repairing headgates, setting up flumes with measuring boards and gauge plates, building seasonal turn schedules, running siphon pipe programs, clearing ditches and helping owners assemble water right filings.

We are a water scheduling and irrigation services organization. We are not a law firm, we are not a water rights attorney and we are not a government water agency. Where a matter requires legal advice or a regulatory filing that only a licensed professional may make, we will tell you and you should seek that help.

Because we work on shared ditches, our services often involve several owners at once. A single repair at a diversion can change the flow for everyone below, and a single change to the roster can move the water for an entire line. We take that responsibility seriously, which is why we insist on written records, clear communication and cooperation among the parties on a ditch.

3. Eligibility

You must be at least eighteen years of age and legally able to enter into a contract to use our website or engage our services. By using the website, you confirm that you meet these requirements.

If you are using the website only to read about irrigation and water scheduling, no account is required. If you ask us to schedule turns or work on a ditch, you confirm that you own or manage the property involved or that you have authority from the owner to arrange the work.

If a business or an association engages us, the person who signs the work order confirms that the business or association has the legal capacity to enter the agreement and that the person is authorized to bind it.

4. Services Provided

We provide six principal services: headgate operation and repair, flume and measuring board setup, seasonal turn scheduling, siphon pipe programs, ditch clearing crews and water right filings help. The exact scope of any job is set out in the work order we prepare with you, and the description of our services on this website is a summary rather than a binding promise about a particular property.

Ditches vary widely in age, condition and layout. We will inspect the relevant headgate, flume or siphon rank before we promise a result, and we may recommend a different approach than the one you first described if the ditch calls for it.

Each service is described in more detail on the services page of this website. That page is a guide, not a contract. The work order is the contract, and it will name the scope, the fee and the timing we have agreed for your particular ditch.

5. Estimates, Schedules and Turn Assignments

Any estimate we give is based on the conditions we can see when we prepare it. If we discover hidden damage, buried structures, unusual silt or other conditions that change the work, we will tell you and adjust the estimate before continuing.

A turn schedule is a written roster of who takes water, on which day, for how many hours and through which gate. We build the roster with the shareholders and we try to hold it, but a roster is not a guarantee of a fixed volume of water at a fixed time. The order may be adjusted for weather, repair or a shortage of supply, and we will notify affected parties before a change takes effect.

An estimate is not a fixed price unless we say so in writing. Where a job reveals conditions we could not see, such as a collapsed culvert or a root-bound gate, we will pause, explain what we found and get your approval before we continue.

6. Fees, Invoices and Payment

Fees for our services are stated in the work order or invoice we provide. Unless we agree otherwise in writing, invoices are due within the period stated on the invoice. We may charge for travel, materials and equipment where the work requires it, and those charges will be itemized.

Amounts that remain unpaid after the due date may be subject to a late charge where the law allows. If an account remains unpaid, we may pause non emergency work until the balance is resolved. We will always give you notice before pausing work, except where a gate poses an immediate safety or flooding risk.

We will provide a written invoice that describes the work performed. If you believe an invoice is incorrect, please contact the shed promptly so that we can review it together. We would rather resolve a billing question in a phone call than let it become a dispute later.

7. Your Responsibilities

You agree to give us accurate information about your property, your headgate, your flume and your water right. You agree to tell us about any hazard on the property, including unstable banks, buried lines, livestock, locked gates or anything else that could affect the safety of our crew.

You agree to use the website lawfully and to refrain from interfering with its operation. You agree to pay the fees we agree for the work performed and to keep your contact details current so that we can send scheduling notices during the season.

You also agree to keep livestock and equipment clear of the work area while our crew is present, and to tell us about any animal or machine that could be startled or damaged by the noise and movement of the work.

8. Access to Property and Headgates

To perform the work, our riders need safe access to the headgate, flume, measuring board, siphon ranks and the ditch itself. You agree to provide that access during the agreed hours and to unlock any gate or remove any obstruction that would prevent the crew from reaching the work.

If access is not available when the crew arrives, we may need to reschedule and may charge for the trip. We will treat your property with care and leave it in the condition we found it, apart from the changes the work requires, such as a cleared channel or a rebuilt flume.

Each locked gate is a small delay, and a string of small delays can cost a share of the day. If you cannot be present, please arrange for the latch to be opened or provide us with a key or code for the day of the work. If a dog or livestock is on the property, please tell us in advance and secure the animal for the safety of the crew and the animal alike.

9. Shared Ditches and Other Shareholders

Most ditches we serve are shared. A change at one headgate affects the flow at every flume below it, so our work often depends on cooperation among several owners. You agree to work with us and with the other shareholders in good faith and to respect the turn order that has been written for the ditch.

We may share the roster, the flow ledger and measurement readings with other shareholders to the extent needed to operate the ditch fairly. We will not disclose confidential information beyond what the shared operation of the ditch requires.

If a dispute arises among shareholders about the turn order, we will provide the records that show what was scheduled and what was delivered, and we will help the parties understand the roster. We cannot settle ownership questions or legal disputes among shareholders, and we will say so plainly when that is the case.

10. Weather, Water Supply and Force of Nature

Irrigation depends on nature. Drought, flood, late frost, early snow, a washout, a broken diversion or a shortage of supply can interrupt a turn schedule or prevent work entirely. We are not responsible for delays or losses caused by conditions beyond our reasonable control.

Where such conditions occur, we will communicate with you promptly and will adjust the schedule or the work to protect the ditch and the water supply as far as we reasonably can.

We cannot make it rain. We cannot promise that a spring runoff will be large or that a dry summer will be short. What we can promise is that we will measure honestly, schedule fairly and tell you the truth about what the ditch can carry.

11. Water Rights and Legal Compliance

You are responsible for the water rights that attach to your property and for complying with the laws and regulations that govern the use of water in your area. We help you assemble filings and records, but the legal right remains yours, and any decision about how to exercise that right remains yours.

We will not knowingly take any action that violates a water right or a lawful order of a water agency. If we believe a request would do so, we will decline the request and explain our concern.

12. Intellectual Property

The content of this website, including the text, the layout, the graphics and the code, belongs to RUWBI INC or to the developer who created it and is protected by applicable law. You may view and print pages for your own use, but you may not copy, republish or distribute the content for commercial purposes without our written permission.

The names RUWBI INC and the associated marks belong to us. Nothing in these terms grants you a license to use our marks without our written consent.

13. Acceptable Use of the Website

You agree not to misuse the website. You agree not to attempt to gain unauthorized access to any part of it, not to introduce malicious code, not to scrape it in a way that burdens our hosting, and not to use it to send spam or unlawful content.

We may suspend or restrict access to the website if we detect misuse, and we may report unlawful activity to the appropriate authorities.

14. Disclaimer of Warranties

The website and the information on it are provided as they are and as they are available. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose and non infringement.

We work carefully and to the standards of our trade, but we do not warrant that the website will be uninterrupted or error free, or that any general information on the website applies to your particular ditch. Your own situation should be reviewed with us directly.

15. Limitation of Liability

To the fullest extent permitted by law, RUWBI INC is not liable for indirect, incidental, special, consequential or punitive damages, or for any loss of profits, crops, water or goodwill, arising out of or related to your use of the website or our services.

Where liability cannot be excluded, our total liability for any claim is limited to the amount you paid us for the specific service that gave rise to the claim. This limitation does not apply where the law does not allow it, including in cases of gross negligence or willful misconduct.

16. Indemnification

You agree to indemnify and hold harmless RUWBI INC and its team from any claim, loss, liability or expense, including reasonable legal fees, arising from your use of the website, your breach of these terms, or your failure to disclose a hazard or a legal restriction on your property.

This obligation survives the end of our relationship to the extent a claim relates to events that occurred while we were working together.

17. Suspension and Termination

You may stop using the website at any time and may end our services by notifying the shed in writing. We may suspend or end our services if an account is unpaid, if a request would violate the law or a water right, or if continuing the work would create a safety risk.

When our relationship ends, you remain responsible for amounts due for work already performed, and we will return or retain records as the law and our Privacy Policy require.

18. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. If a dispute arises, we ask that you contact us first at mail@ruwbi.mom or +14066458713 so that we can try to resolve it directly and quickly.

If a dispute cannot be resolved through discussion, it will be handled in the courts located in the State of Utah, and both parties consent to the jurisdiction of those courts.

19. Changes to These Terms

We may update these terms from time to time. When we make a material change, we will update the date of the terms and post the revised version on this page. Your continued use of the website or our services after a change takes effect means that you accept the updated terms.

We encourage you to review this page periodically so that you remain aware of the terms that apply to you.

20. How to Contact Us

If you have a question about these terms, please contact RUWBI INC at 2024 W Bonneville Ln, Kaysville - 84037-6859, United States (US). You can email mail@ruwbi.mom or call +14066458713. A member of our team will be glad to help.

Thank you for reading these terms and for trusting the shed with your ditch.