Terms of Service

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

2.2 License to Use Website

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. This license does not include any right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website
• Use the Website for any commercial purpose without our express written consent
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website
• Remove any copyright, trademark, or other proprietary notices from any portion of the Website
• Frame or mirror any part of the Website without our express written consent
• Create a database by downloading and storing Website content
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website

2.3 Prohibited Uses

You agree not to use the Website:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To interfere with or circumvent the security features of the Website
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website

2.4 Account Security

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.1 Website Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Coulston Construction, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Trademarks

The Coulston Construction name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Coulston Construction or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

3.3 User Content

By submitting content to our Website (including reviews, comments, photos, or other materials), you grant Coulston Construction a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or control all rights to the content you submit and that the content does not violate these Terms or any applicable laws.

4.1 Service Agreements

All construction services require a separate written contract ("Service Agreement") that details the specific scope of work, timeline, payment terms, and other project-specific terms. These Terms supplement but do not replace individual Service Agreements. In case of conflict between these Terms and a Service Agreement, the Service Agreement prevails for matters directly related to the specific project.

4.2 Estimates and Proposals

Estimates and proposals provided through the Website or otherwise are preliminary and subject to change based on site evaluation, material costs, permit requirements, and other factors. Estimates are valid for 30 days unless otherwise specified. Estimates do not constitute an offer or contract and are subject to acceptance by Coulston Construction.

4.3 Licensing and Permits

Coulston Construction maintains all required licenses and permits for our operations. However, specific project permits are the responsibility of the property owner unless otherwise agreed in writing. We will assist with permit applications as specified in the Service Agreement.

4.4 Change Orders

Any changes to the agreed scope of work must be documented in a written change order signed by both parties. Change orders may affect project cost and timeline. Work on change orders will not commence until the change order is approved and any required additional payment is received.

5.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

5.2 Cookies

We use cookies and similar tracking technologies to track activity on our Website and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

5.3 Communications

By providing your contact information, you consent to receive communications from us regarding your inquiries, our Services, and promotional materials. You may opt out of promotional communications at any time by following the unsubscribe instructions in such communications.

6.1 Third-Party Websites

Our Website may contain links to third-party websites that are not owned or controlled by Coulston Construction. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any such content or services.

6.2 Third-Party Services

We may use third-party service providers for various aspects of our Services, including payment processing, analytics, and communications. Your use of such third-party services may be subject to additional terms and conditions imposed by those third parties.

6.3 Social Media

Our Website includes social media features. These features may collect information about your IP address and which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing them.

7.1 Disclaimer of Warranties

7.2 Limitation of Liability

7.3 Construction Services Liability

For construction services, our liability is governed by the specific Service Agreement and applicable law. The limitations in this section apply only to use of the Website and do not limit our obligations under construction contracts or applicable construction law.

9.1 Termination by Us

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

9.2 Effect of Termination

Upon termination, your right to use the Website will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Website shall be resolved through the following process:

1. Informal Resolution: The parties shall first attempt to resolve any dispute informally through good faith negotiations.
2. Mediation: If informal resolution fails, the parties agree to participate in mediation administered by a mutually agreed mediator in Kansas City, Missouri.
3. Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
4. Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Coulston Construction regarding the use of the Website and supersede all prior agreements and understandings, whether written or oral.

11.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the intent of the original provision.

11.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

11.5 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and diligently attempts to remedy the situation.

11.6 Notices

Any notices or other communications provided by Coulston Construction under these Terms, including those regarding modifications to these Terms, will be given by posting to the Website and/or through other electronic communication. You agree to receive all notices and communications electronically.