Terms of Use - MasterCraft North Bay

1. Acceptance of Terms

These Terms of Use govern your access to and use of the website operated by Mastercraft Landscapers Inc., doing business as MasterCraft Landscaping North Bay ("MasterCraft," "we," "us," or "our"). By accessing or using this website, submitting a Request a Quote form, contacting us through the website, or otherwise using website features, you agree to these Terms of Use and our Privacy Policy. If you do not agree, please do not use the website.

2. Website Purpose

This website provides general information about MasterCraft, our services, previous or representative work, and ways to contact us or request information about a potential project. Website content is provided for general informational and business purposes and does not constitute a binding proposal, estimate, contract, warranty, engineering opinion, architectural opinion, legal advice, or other professional advice.

3. Requesting an Estimate or Quote

Submitting a Request a Quote form, contacting MasterCraft, requesting an estimate, sending photographs or project information, or discussing a potential project does not create a contract and does not obligate MasterCraft to accept, schedule, price, or perform any project. Any preliminary information regarding pricing, timing, materials, scope, availability, or project feasibility may be subject to further inspection, measurements, site conditions, plans, specifications, material availability, permitting requirements, customer selections, subcontractor or supplier availability, and other relevant circumstances. A project becomes subject to binding contractual obligations only through an applicable written agreement, proposal, contract, change order, or other document accepted or executed as required by MasterCraft and applicable law.

4. Estimates, Pricing and Project Information

Unless expressly stated otherwise in a written agreement, information displayed or communicated through the website regarding pricing, costs, project duration, materials, availability, or services is general or preliminary information only. Actual project pricing and scope may vary based on site conditions, measurements, access, labor, materials, permits, engineering requirements, design changes, customer requests, unforeseen conditions, and other project-specific circumstances. Website content does not supersede the terms of an executed project contract, proposal, change order, or other written agreement.

5. No Guarantee of Project Acceptance

MasterCraft reserves the right, subject to applicable law, to determine whether to pursue or accept a potential project. Submitting information through the website does not guarantee an appointment, estimate, proposal, start date, completion date, service availability, or acceptance of the project.

6. Accuracy of Information Submitted by Users

When submitting an inquiry or requesting an estimate, you agree to provide information that is reasonably accurate and not intentionally false, misleading, fraudulent, unlawful, or infringing upon the rights of another person. You are responsible for ensuring that you have the right or authorization to provide any photographs, plans, drawings, documents, measurements, property information, or other materials submitted to MasterCraft.

7. Communications

If you voluntarily provide your telephone number, mobile number, email address, or other contact information, MasterCraft may use that information to respond to your inquiry and communicate regarding estimates, appointments, scheduling, projects, requested services, customer service, and related business matters. Depending on the information you provide and the circumstances, communications may occur by telephone call, text message (SMS), or email. Consent requirements applicable to promotional or automated marketing communications will be handled separately when required by applicable law.

8. Website Content

MasterCraft attempts to provide useful and reasonably accurate information. However, website content may contain errors, omissions, outdated information, or information that does not apply to a particular property or project. MasterCraft may modify, update, remove, suspend, or replace website content or features at any time, subject to applicable law.

9. Photographs and Examples of Work

Photographs, project descriptions, renderings, illustrations, examples, and other materials appearing on the website are provided for informational and illustrative purposes. Past projects or examples do not guarantee that another project will have identical appearance, pricing, materials, dimensions, conditions, performance, timing, or results. Natural materials, manufactured products, landscaping, plants, wood, stone, pavers, finishes, colors, and other materials may vary in appearance and characteristics.

10. Intellectual Property

Unless otherwise indicated, the website and its original content, including text, graphics, branding, logos, photographs owned by MasterCraft, designs, layouts, and other materials, are owned by or licensed to MasterCraft and are protected by applicable intellectual-property laws. You may view the website for legitimate personal or business purposes related to evaluating or obtaining MasterCraft's services. You may not copy, reproduce, republish, distribute, sell, exploit, modify, misrepresent, or use MasterCraft's protected website content or branding for unauthorized commercial purposes without appropriate permission.

11. Prohibited Uses

You may not use the website to engage in unlawful, fraudulent, abusive, malicious, or unauthorized activity. You may not intentionally interfere with website operation or security; attempt unauthorized access to systems or data; transmit malicious software or harmful code; impersonate another person or entity; submit fraudulent inquiries; scrape or systematically extract website content in violation of applicable law or enforceable restrictions; or use the website in a manner intended to damage MasterCraft or other users.

12. Third-Party Websites and Services

The website may contain links to or integrations with third-party websites, maps, social-media platforms, analytics providers, advertising services, payment services, or other third-party technologies. MasterCraft does not control independent third parties and is not responsible for their content, availability, security, privacy practices, or separate terms. Use of third-party services may be governed by the terms and privacy policies of those third parties.

13. Privacy

Use of personal information collected through the website is addressed in MasterCraft's Privacy Policy and any applicable notice presented at or before the point where information is collected. The Privacy Policy is incorporated into these Terms of Use by reference to the extent applicable.

14. Website Availability and Security

MasterCraft does not guarantee that the website will always be available, uninterrupted, error-free, secure, or free from harmful components. The website may occasionally be unavailable due to maintenance, technical problems, third-party services, Internet conditions, security measures, updates, or circumstances outside MasterCraft's reasonable control.

15. Disclaimer of Website Warranties

To the fullest extent permitted by applicable law, the website and its general informational content are provided on an "as is" and "as available" basis. MasterCraft disclaims warranties concerning the website to the extent such warranties may lawfully be disclaimed. Nothing in these Terms is intended to disclaim or limit warranties, obligations, or consumer rights that cannot legally be waived or limited.

16. Limitation of Liability

To the fullest extent permitted by applicable law, MasterCraft will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from the use of, or inability to use, this website. Any limitation in these Terms applies only to the extent permitted by applicable law. These website Terms do not replace, modify, or override liability provisions, warranties, rights, responsibilities, or remedies contained in an executed project contract or required by applicable law.

17. Actual Construction and Landscaping Services

These Terms primarily govern use of the website. Actual landscaping, construction, improvement, repair, installation, or related services performed by MasterCraft may be governed by separate proposals, contracts, change orders, warranties, plans, specifications, disclosures, notices, and other project documents. If a provision of these website Terms conflicts with an executed project agreement concerning the actual project, the applicable project agreement will govern that project to the extent legally permitted.

18. Permits, Approvals and Site Conditions

Project requirements may vary according to location, scope, property conditions, building codes, zoning requirements, HOA requirements, permit requirements, engineering requirements, utility conditions, environmental conditions, and other factors. Information appearing on the website should not be interpreted as a representation that a particular project can be performed without permits, approvals, engineering, inspections, or other requirements. Applicable responsibilities will be addressed as appropriate in project-specific documentation.

19. Changes to These Terms

MasterCraft may update these Terms of Use periodically to reflect changes to the website, services, technologies, business practices, or applicable requirements. When appropriate, the "Last Updated" date will be revised. Continued use of the website following an effective update is subject to the updated Terms to the extent permitted by applicable law.

20. Governing Law

These Terms of Use are governed by applicable laws of the State of California and applicable federal law, without attempting to waive any rights or protections that cannot lawfully be waived. Any dispute concerning an actual construction or landscaping project may also be subject to the terms of the applicable project contract and any mandatory legal requirements.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the extent legally permissible, and the remaining provisions will continue in effect to the extent permitted by law.

22. No Waiver

A failure by MasterCraft to enforce a provision of these Terms does not necessarily constitute a waiver of that provision or of MasterCraft's right to enforce it later.

23. Contact Information

Questions concerning these Terms of Use may be directed to: Mastercraft Landscapers Inc. DBA MasterCraft Landscaping North Bay CSLB License #1161969 Phone: (415) 208-9194 Email: [email protected]