Terms of Service

Tybar Construction LLC (referred to as we, us, our, or the Company) welcomes you to our website at https://www.tybarconstruction.lat (the Site). By accessing or using the Site and any services offered through it, you agree to be bound by these Terms of Service (the Terms). Please read these Terms carefully. If you do not agree with any provision contained herein, you must immediately discontinue your use of the Site and its associated services.

These Terms constitute a legally binding agreement between you, whether acting as an individual or on behalf of an entity (referred to as you or User), and Tybar Construction LLC. The Terms govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site. The Company reserves the right to update, modify, or replace these Terms at any time without prior notice. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

By using the Site, you represent and warrant that you are at least eighteen years of age or that you are accessing the Site under the supervision of a parent or legal guardian. If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority or do not agree with any part of these Terms, you must not use the Site or any of its services.

The Company provides construction consulting, project management, and building services to clients throughout the United States. These Terms apply to all visitors, users, and others who access the Site or engage with the Company in any manner related to the services offered. The Terms also apply to any correspondence between you and the Company, including but not limited to email communications, telephone calls, and in-person consultations initiated through the Site.

These Terms are supplemented by our Privacy Policy, which can be found at https://www.tybarconstruction.lat/privacy. The Privacy Policy explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also agree to the practices described in the Privacy Policy. In the event of any conflict between the Terms and the Privacy Policy, the Terms shall control unless the Privacy Policy expressly states otherwise.

If you have any questions about these Terms or the practices described herein, you may contact us at the address, email, or phone number listed in the Contact Information section below. We make every effort to respond to inquiries promptly and thoroughly. Your use of the Site constitutes your acknowledgment that you have read, understood, and agreed to be bound by these Terms in their entirety.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTIONS 10 AND 12 CAREFULLY. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING.

1. Acceptance of Terms

By accessing or using the Site in any manner, including but not limited to browsing the Site, submitting inquiries, requesting quotes, engaging consulting services, or otherwise interacting with the Company through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms form a legally enforceable contract between you and Tybar Construction LLC. If you do not agree to these Terms, you must not access or use the Site.

Your acceptance of these Terms is ongoing and applies to each and every visit to the Site. The Company reserves the right to update, change, modify, or replace these Terms at any time, in its sole discretion and without prior notice to you. When changes are made, the effective date at the top of these Terms will be updated accordingly. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the new Terms.

The Company may, at its sole discretion, require you to affirmatively accept revised Terms before continuing to use the Site. Such acceptance may be obtained through a click-through mechanism, electronic signature, or other method deemed appropriate by the Company. If you do not accept the revised Terms, you must immediately cease using the Site and any services offered through it. The Company shall not be liable for any damages resulting from your failure to review updated Terms in a timely manner.

These Terms apply to all visitors, users, and others who access or use the Site. The Company may offer certain services or features that are subject to additional terms, conditions, or agreements. In the event of any conflict between these Terms and any additional terms, the additional terms shall control with respect to that specific service or feature, unless the additional terms expressly state otherwise. By using any such service or feature, you agree to be bound by the applicable additional terms as well.

These Terms may be assigned or transferred by the Company to a third party in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. In such event, these Terms shall remain in full force and effect and shall bind and inure to the benefit of the successor entity. You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment or transfer in violation of this provision shall be null and void.

The Company expressly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Such actions may be taken without prior notice and without liability to you or any third party. The Company also reserves the right to investigate suspected violations of these Terms and to cooperate with law enforcement authorities in prosecuting such violations. Nothing in these Terms shall be construed to create any obligation on the part of the Company to monitor or police user conduct.

The headings and titles used in these Terms are for convenience only and have no legal or contractual effect. Words used in the singular shall include the plural, and words used in the masculine gender shall include the feminine and neuter genders, as the context requires. References to sections, clauses, or provisions refer to sections, clauses, or provisions of these Terms unless otherwise indicated. The term including means including without limitation unless otherwise specified.

2. Description of Services

Tybar Construction LLC is a full-service construction consulting, project management, and building services firm. We provide a comprehensive range of professional services to residential, commercial, and industrial clients. Our services include but are not limited to construction consulting, project feasibility analysis, budget development, cost estimation, construction project management, general contracting, subcontractor coordination, quality assurance inspections, safety compliance audits, and post-construction warranty administration. Each service engagement is governed by a separate service agreement that incorporates these Terms by reference.

Our construction consulting services are designed to assist clients in making informed decisions about their construction projects. This may include site evaluation, design review, material selection, permit assistance, and regulatory compliance guidance. We provide expert advice based on industry best practices, applicable building codes, and our extensive experience in the construction industry. However, we do not guarantee that any particular outcome will be achieved, and clients are encouraged to independently verify critical information with licensed professionals in their jurisdiction.

Our project management services encompass the planning, coordination, and oversight of construction projects from inception to completion. We work closely with architects, engineers, subcontractors, suppliers, and regulatory authorities to ensure that projects are completed on time, within budget, and in accordance with specified quality standards. Our project managers serve as the primary point of contact for clients and provide regular progress reports, budget updates, and risk assessments. The scope of project management services will be defined in a written agreement specific to each project.

Our building services include direct construction work performed by our skilled workforce or by qualified subcontractors under our supervision. These services may include site preparation, foundation work, structural framing, roofing, exterior finishing, interior finishing, mechanical systems installation, electrical work, plumbing, and landscaping. All building services are performed in accordance with applicable building codes, industry standards, and safety regulations. The Company maintains appropriate licenses, permits, and insurance coverage as required by law in the jurisdictions where we operate.

The Company may offer additional professional services such as pre-purchase property inspections, construction defect analysis, expert witness testimony, litigation support, mediation, and arbitration services. These services are provided by qualified professionals with relevant experience and credentials. The specific terms governing these services, including fees, timelines, and deliverables, will be set forth in a separate engagement letter or service agreement executed by both parties.

All services provided by the Company are subject to availability. The Company reserves the right to accept or decline any service request in its sole discretion. Service start dates, estimated completion dates, and cost estimates provided by the Company are based on information available at the time of estimation and are subject to change due to factors beyond the Company's control, including but not limited to weather conditions, material availability, labor availability, regulatory changes, and unforeseen site conditions. Any such changes will be communicated to the client in a timely manner.

The Company may update, modify, suspend, or discontinue any aspect of its services at any time without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of any service. The Company makes no representation or warranty that its services will be uninterrupted, error-free, or available at any particular time or location. The Company reserves the right to impose limits on certain services or restrict access to parts or all of the services without notice or liability.

All service agreements must be in writing and signed by an authorized representative of the Company to be binding. Verbal agreements, understandings, or representations made by employees, agents, or representatives of the Company are not binding unless confirmed in writing. Any changes to a service agreement must be made in writing and signed by both parties. The Company's acceptance of any service request is expressly conditioned on your acceptance of these Terms and any applicable service agreement.

3. User Responsibilities

As a user of the Site, you agree to use the Site and its associated services only for lawful purposes and in compliance with all applicable federal, state, and local laws, regulations, and ordinances. You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site's operation or interfere with any other party's use of the Site. You shall not attempt to gain unauthorized access to any part of the Site, its servers, or any systems or networks connected to the Site through hacking, password mining, or any other means.

If the Site requires you to create an account or provide personal information, you agree to provide accurate, current, and complete information and to update such information promptly as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of any account credentials, including usernames and passwords, and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

You agree not to use the Site for any purpose that is prohibited by these Terms or applicable law. Prohibited activities include but are not limited to: transmitting any viruses, worms, malware, or other malicious code; engaging in any form of data mining, scraping, or automated data collection; sending unsolicited commercial communications or spam; impersonating any person or entity; misrepresenting your affiliation with any person or entity; forging headers or otherwise manipulating identifiers to disguise the origin of any content; and engaging in any activity that could subject the Company to criminal or civil liability.

You are responsible for ensuring that any information, materials, or content you submit to the Site or provide to the Company does not violate any applicable law or the rights of any third party. You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to provide such information, materials, or content, and that such provision does not infringe upon the copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property or proprietary rights of any third party. You agree to indemnify and hold the Company harmless from any claims arising out of your violation of this provision.

The Company reserves the right, but does not assume the obligation, to monitor all interactions on the Site and to investigate any suspected violation of these Terms. The Company may, in its sole discretion and without prior notice, remove or disable access to any content or user account that it believes violates these Terms or applicable law. The Company may also report any suspected illegal activity to appropriate law enforcement authorities and cooperate fully in any investigation or prosecution. The Company shall have no liability for any action taken under this provision.

You agree not to use any automated device, software, or manual process to monitor, copy, or reproduce the content on the Site without the express prior written consent of the Company. You agree not to use any device, software, or routine that interferes with the proper functioning of the Site or imposes an unreasonable or disproportionately large load on the Company's infrastructure. You agree not to use the Site in any manner that could harm minors or that involves the transmission of any obscene, indecent, or offensive material.

You acknowledge that the Company is not responsible for the conduct of any user on the Site or for any content posted by users. The Company does not endorse, verify, or warrant the accuracy, completeness, or reliability of any user-generated content. Any reliance on user-generated content is at your own risk. The Company encourages users to exercise common sense and good judgment when interacting with others on the Site and to report any inappropriate or suspicious behavior to the Company immediately.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICES OFFERED THROUGH IT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST BUSINESS, LOST DATA, OR INTERRUPTION OF BUSINESS.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, designs, graphics, logos, icons, page layouts, color schemes, and the selection and arrangement thereof, are owned by Tybar Construction LLC, 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 or proprietary rights laws. No part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution without the express prior written consent of the Company.

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes only. This license does not include any right to: modify, adapt, or create derivative works based on the Site or any content contained therein; use the Site for any commercial purpose without a separate written agreement with the Company; decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of the Site; remove, alter, or obscure any copyright, trademark, or other proprietary notices contained on the Site; or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any unauthorized use of the Site automatically terminates this license forthwith.

The Company's name, logo, taglines, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Tybar Construction LLC or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the Company or the third-party owner of the trademark.

You retain all ownership rights in any content, information, or materials you submit to the Site. However, by submitting, posting, or displaying any content on or through the Site, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in any media now known or later developed, for any purpose related to the operation of the Site or the Company's business. You represent and warrant that you have the right to grant this license and that your submission does not violate any third-party rights or applicable law.

The Company respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that any content on the Site infringes your copyright, you may submit a notification to the Company's designated copyright agent in accordance with the Digital Millennium Copyright Act (DMCA). The notification must include a description of the copyrighted work claimed to have been infringed, a description of the infringing material and its location on the Site, your contact information, a statement that you have a good faith belief that the use is not authorized, and a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Upon receipt of a valid DMCA notification, the Company will promptly remove or disable access to the allegedly infringing material and will take reasonable steps to notify the user who posted the material. The Company will terminate the accounts of repeat infringers in appropriate circumstances. If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the Company's designated copyright agent. The counter-notification must include identification of the material removed, your contact information, a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification, and consent to the jurisdiction of the federal district court in your location.

Any unauthorized use of the Site or its content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law. The Company reserves the right to seek injunctive relief, damages, attorneys' fees, and any other remedies available under applicable law. You agree that money damages alone would be an inadequate remedy for violations of this section and that the Company shall be entitled to seek equitable relief, including injunctive relief, without the necessity of posting bond.

5. Confidentiality

Confidential information means any non-public information disclosed by one party (the Disclosing Party) to the other party (the Receiving Party) in connection with the services provided under these Terms or any related service agreement. Confidential information includes but is not limited to business plans, financial data, customer information, project plans, architectural drawings, specifications, cost estimates, trade secrets, technical data, software, know-how, inventions, processes, methodologies, and any other information that the Disclosing Party designates as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

The Receiving Party agrees to hold all confidential information in strict confidence and to use the same degree of care to protect the confidentiality of such information as it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable standard of care. The Receiving Party shall not disclose, reproduce, distribute, or otherwise make available any confidential information to any third party without the prior written consent of the Disclosing Party. The Receiving Party shall limit access to confidential information to those of its employees, agents, contractors, and advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those set forth in these Terms.

Confidential information does not include information that: is or becomes publicly available through no fault of the Receiving Party; was rightfully in the Receiving Party's possession prior to disclosure by the Disclosing Party, as evidenced by written records; is independently developed by the Receiving Party without use of or reference to the Disclosing Party's confidential information; or is rightfully obtained by the Receiving Party from a third party who has the right to disclose it without confidentiality obligations. The Receiving Party shall bear the burden of proving that any information falls within these exclusions.

If the Receiving Party is required by law, regulation, or court order to disclose any confidential information, the Receiving Party shall promptly notify the Disclosing Party of such requirement to the extent permitted by law and shall cooperate with the Disclosing Party in obtaining a protective order or other appropriate remedy. If such protective order is not obtained, the Receiving Party may disclose only that portion of the confidential information that is legally required and shall use all reasonable efforts to obtain confidential treatment for the disclosed information. The Receiving Party shall not oppose any action taken by the Disclosing Party to protect the confidentiality of its information.

The confidentiality obligations set forth in this section shall survive the termination of these Terms and any related service agreement for a period of five years from the date of disclosure, or indefinitely for trade secrets as defined under applicable law. Upon termination of these Terms or any related service agreement, or upon the request of the Disclosing Party, the Receiving Party shall promptly return or destroy all confidential information in its possession, including all copies, notes, and derivatives thereof, and shall certify in writing that such return or destruction has been completed. The Receiving Party may retain one copy of confidential information solely for the purpose of complying with legal or regulatory obligations.

Both parties acknowledge that a breach of the confidentiality obligations contained in this section could cause irreparable harm to the Disclosing Party for which monetary damages alone would be inadequate. Accordingly, the Disclosing Party shall be entitled to seek equitable relief, including injunctive relief and specific performance, without the necessity of posting bond or proving actual damages. Such equitable relief shall be in addition to, and not in lieu of, any other remedies available at law or in equity.

The obligations set forth in this section apply to all information disclosed during the term of these Terms and for the survival period specified above, regardless of whether the information is ultimately determined to be protectable as a trade secret or confidential information under applicable law. The Receiving Party acknowledges that the confidential information constitutes valuable, special, and unique property of the Disclosing Party and agrees to take all reasonable steps to prevent unauthorized use or disclosure. The Receiving Party shall promptly notify the Disclosing Party of any known or suspected unauthorized use or disclosure of confidential information.

The Company may disclose your confidential information to its employees, subcontractors, and consultants who are performing services for you and who have a legitimate need to know such information. The Company shall ensure that any such third parties are bound by confidentiality obligations no less restrictive than those contained in these Terms. The Company shall not be liable for any unauthorized disclosure of confidential information by a third party to whom disclosure was made with your consent or as authorized by these Terms.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYBAR CONSTRUCTION LLC, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, OR ANY CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS ($50.00) OR THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP ON LIABILITY IS CUMULATIVE AND SHALL APPLY TO ALL CLAIMS, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE FEES, IF ANY, CHARGED BY THE COMPANY REFLECT THIS ALLOCATION OF RISK. WITHOUT THESE LIMITATIONS, THE COMPANY WOULD NOT BE ABLE TO OFFER THE SITE OR ITS SERVICES ON THE TERMS SET FORTH HEREIN.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS. THE PARTIES ACKNOWLEDGE THAT MONEY DAMAGES ALONE WOULD BE AN INADEQUATE REMEDY FOR A BREACH OF SECTIONS 4 AND 5 AND AGREE THAT INJUNCTIVE RELIEF MAY BE SOUGHT IN ADDITION TO MONETARY DAMAGES.

The limitations of liability set forth in this section do not apply to: death or personal injury caused by the Company's negligence; fraud or fraudulent misrepresentation; willful misconduct or gross negligence; violations of applicable laws or regulations; or any other liability that cannot lawfully be excluded or limited under applicable law. In such cases, the Company's liability shall be limited to the maximum extent permitted by applicable law.

The Company performs its services in compliance with industry standards and applicable building codes. However, the Company does not guarantee that its services will prevent all defects, issues, or problems that may arise during or after construction. The Company's liability for any construction defects shall be governed by the applicable service agreement and by state law. In no event shall the Company be responsible for defects caused by: (a) materials supplied by others; (b) work performed by others; (c) improper use or maintenance by the client; (d) normal wear and tear; (e) acts of God or force majeure events; or (f) modifications or alterations made without the Company's authorization.

THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (C) ANY STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALWARE THAT MAY BE TRANSMITTED THROUGH THE SITE; AND (F) ANY ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT ON THE SITE.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND SERVICES AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

The Company does not warrant that the Site will be compatible with all hardware and software configurations. The Company may make improvements or changes to the Site at any time without notice. The Company disclaims any responsibility for any harm resulting from your use of the Site, including but not limited to harm caused by viruses, worms, malware, or other destructive or disruptive components. You are responsible for implementing adequate procedures and checkpoints to satisfy your particular requirements for data security and error recovery.

Any material downloaded or otherwise obtained through the Site is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. The Company does not represent or warrant that the Site will be available at any particular time or location, that any defects or errors will be corrected, or that the Site is free of viruses or other harmful components. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

The Company makes no representations or warranties regarding the accuracy, completeness, or timeliness of any information, data, or content provided through the Site or by any third-party sources. The Company does not guarantee that the results that may be obtained from the use of the Site or services will be effective, reliable, or accurate. The Company is not responsible for any errors or omissions in any content or for the results obtained from the use of such content. The Company makes no commitment to update any content or to maintain the availability of any content on the Site.

The Company provides its construction consulting, project management, and building services in a professional manner consistent with industry standards. HOWEVER, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE RESULTS OF ANY CONSTRUCTION PROJECT, INCLUDING BUT NOT LIMITED TO THE QUALITY, DURABILITY, OR LONGEVITY OF ANY CONSTRUCTION WORK. THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT ITS SERVICES WILL COMPLY WITH ANY PARTICULAR BUILDING CODE, REGULATION, OR STANDARD, EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN SERVICE AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S WARRANTIES AND LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tybar Construction LLC, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to: (a) your use of or access to the Site or services; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or ordinance; (d) your violation of any third-party right, including but not limited to any intellectual property, privacy, or publicity right; (e) any content or information you submit, post, transmit, or otherwise make available through the Site; (f) any breach of your representations and warranties set forth in these Terms; or (g) any negligent or wrongful act or omission by you or any of your employees, agents, contractors, or representatives.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate fully with the Company in asserting any available defenses and shall not settle any such matter without the prior written consent of the Company. You shall not settle any claim subject to indemnification without the prior written consent of the Company, which consent shall not be unreasonably withheld or delayed. If the Company assumes defense of a claim, you shall reimburse the Company for all costs and expenses incurred in defending such claim.

Your indemnification obligations under this section shall survive the termination of these Terms and any related service agreement. These obligations are independent of any other obligations you may have under these Terms and shall not be limited by any limitation of liability or disclaimer of warranties provisions contained in these Terms. The Company reserves the right to participate in the defense of any claim at its own expense and with counsel of its own choosing.

In the event of a claim covered by this indemnification section, the Company shall provide you with prompt written notice of such claim. The Company's failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent that such failure materially prejudices your ability to defend the claim. You shall keep the Company informed of the status of any claim and shall not admit any liability, make any admission, or take any action that could prejudice the defense of the claim without the Company's prior written consent.

This indemnification section does not apply to claims arising solely from the Company's gross negligence or willful misconduct, as determined by a court of competent jurisdiction. In such case, the Company shall indemnify you to the extent provided by applicable law. However, nothing in this section shall limit or exclude the Company's liability to the extent that such limitation or exclusion is prohibited by applicable law.

You agree that the Company shall have no liability for any claim arising out of or relating to: (a) any modification of the Site or services by anyone other than the Company; (b) your use of the Site or services in combination with any hardware, software, or service not provided or approved by the Company; (c) any third-party product, service, or website accessed through the Site; or (d) any failure by you to implement necessary security measures or to comply with the Company's instructions. In such cases, you shall indemnify the Company as set forth in this section.

The indemnification obligations set forth in this section are in addition to any other remedies available to the Company at law or in equity. The Company reserves the right to seek injunctive relief, specific performance, and any other equitable remedy to enforce the indemnification obligations contained herein. You acknowledge that your indemnification obligations are reasonable and necessary to protect the Company's legitimate business interests and that the Company would not enter into these Terms without such protections.

9. Termination

These Terms shall remain in full force and effect while you use the Site or services. The Company may terminate or suspend your access to the Site or services at any time, with or without cause, with or without prior notice, and without liability to you or any third party. Upon termination, your right to use the Site and services shall immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, confidentiality obligations, limitation of liability, disclaimer of warranties, indemnification, governing law, and dispute resolution provisions.

The Company may terminate these Terms and any related service agreement immediately upon written notice to you if: (a) you breach any material term or condition of these Terms or any related service agreement; (b) you fail to make any payment when due; (c) you engage in any conduct that the Company, in its sole discretion, considers to be harmful to the Company's business, reputation, or other users; (d) you violate any applicable law or regulation; (e) you attempt to access or use the Site or services in an unauthorized manner; or (f) the Company is required to do so by applicable law or regulatory authority.

You may terminate these Terms at any time by discontinuing your use of the Site and services and providing written notice to the Company. If you have a separate service agreement with the Company, termination of that service agreement shall also constitute termination of these Terms with respect to that specific engagement. However, termination of these Terms shall not automatically terminate any service agreement then in effect, and the terms of such service agreement shall continue to govern the parties' relationship with respect to that specific engagement unless otherwise agreed in writing.

Upon termination of these Terms for any reason: (a) all rights and licenses granted to you under these Terms shall immediately cease; (b) you shall immediately cease all use of the Site and services; (c) you shall return or destroy all confidential information of the Company in your possession; (d) any outstanding amounts owed by you to the Company shall become immediately due and payable; (e) any amounts owed by the Company to you shall be paid within thirty days of termination, less any amounts you owe to the Company; and (f) each party shall return or destroy any property belonging to the other party. Neither party shall be liable to the other for any damages resulting solely from the termination of these Terms as permitted herein.

The following provisions shall survive any termination of these Terms: Sections 4 (Intellectual Property Rights), 5 (Confidentiality), 6 (Limitation of Liability), 7 (Disclaimer of Warranties), 8 (Indemnification), 10 (Governing Law), 11 (General Provisions), and 12 (Contact Information). Survival of these provisions is necessary to protect the legitimate business interests of the parties and to provide certainty regarding post-termination rights and obligations. The parties acknowledge and agree that the survival of these provisions is a material part of the bargain under these Terms.

The Company may, in its sole discretion, offer you the opportunity to cure any breach of these Terms prior to termination. If the Company offers such cure opportunity, you must cure the breach within the time period specified by the Company. If you fail to cure the breach within the specified period, the Company may terminate these Terms immediately without further notice. The Company's decision to offer a cure opportunity in one instance does not obligate the Company to offer a cure opportunity in any future instance, and the Company reserves the right to terminate these Terms immediately without cure for any subsequent breach.

The Company shall not be liable to you or any third party for any termination of your access to the Site or services. The Company may modify, suspend, or discontinue the Site or any services at any time without notice and without liability. The Company shall have no obligation to maintain or provide access to any data, content, or information that you may have stored or transmitted through the Site or services after termination. You are responsible for backing up any data, content, or information that you wish to retain.

Termination does not relieve you of any obligations that accrued prior to the effective date of termination. You remain liable for all amounts due and payable through the date of termination. The Company reserves the right to pursue any and all legal and equitable remedies available to collect amounts owed by you. In the event the Company must take legal action to collect amounts owed, you agree to pay the Company's reasonable attorneys' fees, court costs, and collection costs.

10. Governing Law

These Terms and any related service agreements shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any related service agreement. The parties expressly agree that any dispute arising out of or relating to these Terms or the services provided hereunder shall be resolved in accordance with the dispute resolution procedures set forth in this section.

The parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the services through good faith negotiations. If the dispute cannot be resolved through negotiations within thirty days after one party delivers written notice to the other party describing the dispute in reasonable detail, then the dispute shall be resolved through binding arbitration as set forth below. The parties shall continue to perform their respective obligations under these Terms during the pendency of any dispute resolution proceedings unless otherwise agreed in writing.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in English by a single arbitrator who is knowledgeable in construction law and commercial disputes. The arbitration shall be held in St. George, Utah, unless the parties mutually agree in writing to a different location.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator shall have the power to award any relief that would be available in a court of law, including injunctive relief and specific performance. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction. The parties waive any right to appeal the arbitrator's decision except as provided under the Federal Arbitration Act.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING AGAINST THE COMPANY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE IN ANY RESPECT, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, to enforce its confidentiality obligations, or to prevent irreparable harm. Such relief may be sought without the necessity of posting bond and without first attempting negotiation or arbitration. The filing of such an action shall not waive either party's right to compel arbitration of any other dispute not covered by this exception.

Each party shall bear its own costs and expenses in any arbitration or legal proceeding, including attorneys' fees, unless the arbitrator or court determines that a party has substantially prevailed on the merits of the dispute. In such case, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. The arbitrator or court shall determine the amount of such fees and costs. This fee-shifting provision shall not apply to the extent prohibited by applicable law.

THE COMPANY AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS SHORTENED STATUTE OF LIMITATIONS PERIOD IS A MATERIAL TERM OF THESE TERMS AND THE PARTIES SPECIFICALLY AGREE TO ITS APPLICATION.

11. General Provisions

Entire Agreement. These Terms, together with any service agreements, the Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire and exclusive agreement between you and Tybar Construction LLC regarding your use of the Site and services. These Terms supersede and replace all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof. In entering into these Terms, neither party has relied upon any statement, representation, warranty, or understanding other than those expressly set forth in these Terms.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the original intent of the parties. If such replacement is not possible, the provision shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Waiver. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or of the right to enforce such provision at any later time. The exercise by either party of any right or remedy under these Terms shall not preclude the exercise of any other right or remedy available at law or in equity. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent or other breach.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether voluntarily, by operation of law, or otherwise, without the prior written consent of the Company. Any attempted assignment or transfer in violation of this provision shall be null and void and of no force or effect. The Company may assign or transfer these Terms without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, strikes, lockouts, shortages of materials or supplies, failure of suppliers or subcontractors, governmental actions or regulations, pandemics, epidemics, public health emergencies, fires, floods, earthquakes, hurricanes, tornadoes, storms, power outages, internet or telecommunications failures, cyberattacks, or any other event that is beyond the reasonable control of the affected party. The affected party shall promptly notify the other party of the force majeure event and shall use all reasonable efforts to mitigate its effects and resume performance as soon as practicable.

Relationship of the Parties. These Terms do not create any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and the Company. You and the Company are independent contractors. Neither party has the power or authority to bind the other party or to incur any obligation on behalf of the other party. Neither party shall represent to any third party that it has any authority to act on behalf of the other party. Nothing in these Terms shall be construed to create any third-party beneficiary rights in any person or entity not a party to these Terms.

Notices. All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when: (a) delivered personally; (b) sent by reputable overnight courier service with tracking capability; (c) sent by certified or registered mail, postage prepaid, return receipt requested; or (d) sent by email to the address provided by the receiving party, with confirmation of receipt. Notices to the Company shall be sent to the address set forth in the Contact Information section below. Notices to you shall be sent to the email address or physical address you provide when using the Site or engaging the Company's services.

Electronic Communications. By using the Site or services, you consent to receive electronic communications from the Company, including but not limited to emails, text messages, and notifications through the Site. You agree that all notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications at any time, but such withdrawal may affect your ability to use certain features of the Site or services. The Company reserves the right to require written communications in certain circumstances.

Language. These Terms are drafted in English, and English shall be the governing language for all purposes. Any translation of these Terms into another language is provided for convenience only and shall not be binding or affect the interpretation of these Terms. In the event of any conflict or inconsistency between the English version of these Terms and any translated version, the English version shall control. All communications, notices, and proceedings under these Terms shall be conducted in English unless the parties mutually agree otherwise in writing.

Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations of the United States Department of Commerce and the sanctions programs administered by the Office of Foreign Assets Control of the United States Department of the Treasury. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions or that is designated as a state sponsor of terrorism. You agree not to use the Site or services for any purpose prohibited by U.S. export laws.

No Waiver of Consumer Rights. Nothing in these Terms is intended to limit or exclude any rights you may have as a consumer under applicable law that cannot be lawfully limited or excluded. If you are a consumer in a jurisdiction that provides mandatory consumer protection rights that cannot be waived, those rights shall prevail over any conflicting provisions in these Terms to the extent of the conflict. The Company will fully comply with all applicable consumer protection laws in its dealings with you.

Construction. These Terms shall be construed fairly as a whole and according to their plain meaning. No presumption or rule of construction against the drafter shall apply to the interpretation of these Terms. The headings and titles used in these Terms are for convenience only and shall not be considered in interpreting the provisions they precede. The term including as used in these Terms shall mean including without limitation unless expressly stated otherwise. Any reference to a statute or regulation refers to that statute or regulation as amended from time to time.

12. Contact Information

If you have any questions, concerns, comments, or complaints regarding these Terms, the Site, or the services provided by Tybar Construction LLC, you may contact us using the information set forth below. We encourage you to reach out to us with any inquiries, and we will make every effort to respond to your communication in a timely and thorough manner. All legal notices, demands, or other formal communications should be sent to the Company's physical address by certified mail, return receipt requested.

For legal notices and formal correspondence, please direct all communications to the physical address listed above, marked to the attention of the Legal Department or General Counsel. Legal notices sent by email shall not be deemed effective unless acknowledged in writing by an authorized representative of the Company. The Company shall not be deemed to have received any legal notice sent to any address other than the one specified above.

If you have questions about billing, invoices, or payments related to construction services provided by the Company, please contact our accounts receivable department via email at reply@tybarconstruction.lat. Please include your project name or reference number in all billing correspondence to ensure prompt processing. The Company aims to respond to all billing inquiries within two business days.

For inquiries regarding ongoing construction projects, project management services, or scheduling, please contact your designated project manager directly or reach out to our main office using the phone number listed above. Our office hours are Monday through Friday from 8:00 AM to 5:00 PM Mountain Time, excluding federal holidays. Messages received outside of business hours will be returned on the next business day.

If you believe that any action taken by the Company violates your rights or these Terms, please notify us in writing at the address above before taking any legal action. We are committed to resolving disputes amicably and efficiently. Many concerns can be addressed through direct communication, and we encourage you to contact us first before pursuing any formal dispute resolution process.

We welcome your feedback, suggestions, and ideas for improving the Site and our services. However, please note that the Company shall have no obligation to keep any such feedback confidential and shall be free to use, implement, and commercialize any feedback or suggestions received without any compensation or attribution to you. By submitting feedback, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use such feedback for any purpose.

This Contact Information section is intended to facilitate communication between you and the Company. However, contacting the Company through any of the means listed above does not create a contractual or professional services relationship unless and until a separate written service agreement is executed by both parties. General inquiries and informational requests do not constitute engagement of the Company's services and do not create any duty or obligation on the part of the Company.

If you are a resident of a jurisdiction that requires specific contact information for consumer complaints or regulatory filings, the Company designates its address in La Verkin, Utah as its primary contact address for all such purposes. The Company will cooperate fully with all applicable regulatory authorities in the resolution of any consumer complaints or inquiries.

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By using the Site or services of Tybar Construction LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and Tybar Construction LLC.