Terms & Conditions

Terms of Use

We provide access to and use of our website, services, applications, and related content (collectively, the “Services”) subject to these Terms of Use (“Terms”). Please read them carefully.

1. Acceptance of Terms

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Services.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into binding agreements. By using the Services, you represent and warrant that you meet these requirements.

3. Account Registration

1. Account Creation
   • You may be required to create an account to access certain features.
   • Provide accurate, current, and complete information.
2. Account Security
   • You are responsible for safeguarding your username, password, and any activity under your account.
   • Notify us immediately of any unauthorized access or other security breach.

4. User Conduct

When using the Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights.
• Post or transmit any content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable.
• Engage in spamming, phishing, or other forms of unsolicited marketing.
• Reverse-engineer, decompile, or otherwise attempt to extract source code or trade secrets.
• Interfere with the integrity or performance of the Services or disable features.

5. Content

1. Your Content
   • You retain all rights to the content you submit (“User Content”).
   • You grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your User Content in connection with operating and promoting the Services.
2. Company Content
   • All content provided by the Company, including text, graphics, logos, and software, is owned or licensed by us and protected by intellectual property laws.
   • Except as expressly permitted, you may not copy, distribute, or create derivative works from Company Content.

6. Intellectual Property

• The Company and its licensors own all intellectual property rights in the Services.
• Trademarks, service marks, and logos used in connection with the Services are the property of their respective owners.

7. Fees and Payment

• Certain features may require payment of fees.
• You agree to pay all fees in accordance with the payment terms presented when you purchase a subscription or other paid offering.
• All fees are non-refundable unless otherwise specified.

8. Termination

1. By You
   • You may terminate your account at any time via your account settings.
2. By Us
   • We may suspend or terminate your access for violation of these Terms or for any other reason, with or without notice.
3. Effect of Termination
   • Upon termination, your right to use the Services ceases immediately.
   • Sections that by their nature should survive termination (e.g., Ownership, Disclaimer, Limitation of Liability, Indemnification, Governing Law) will continue in effect.

9. Disclaimers

• The Services are provided “AS IS” and “AS AVAILABLE,” without warranty of any kind.
• To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

• To the maximum extent permitted by law, the Company and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
• Our aggregate liability for any claim arising under these Terms will not exceed the amount you paid us in the six months prior to the claim, or, if no payment was made, one hundred dollars (USD 100).

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services;
• Your User Content;
• Your breach of these Terms;
• Your violation of any law or the rights of a third party.

12. Governing Law and Dispute Resolution

• These Terms are governed by the laws of [State/Country], without regard to conflict of laws principles.
• Any dispute will be resolved in the state or federal courts located in [City, State].
• You and the Company each consent to personal jurisdiction in these courts.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or by posting a notice on our site. Your continued use after the effective date constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.

15. Waiver

No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other policies posted on the Services, constitute the entire agreement between you and the Company regarding your use of the Services.

CONTACT US
If you have any questions about this Privacy Policy, you can contact us:
Call us at 707.562.0537
Email us at info@earthtoneconstruction.com
Write us at Earthtone Construction, 7775 Healdsburg Avenue Sebastopol, California 95472