HAWK CONSTRUCTION & MAINTENANCE, INC.

TERMS OF SERVICE

1. INTRODUCTION

Welcome to Built by Hawk (“we,” “our,” or “us”), the website and services operated by Hawk Construction & Maintenance, Inc. By accessing or using our website at https://builtbyhawk.com/ (the “Site”), requesting information, or engaging our construction and maintenance services, you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Hawk Construction & Maintenance, Inc. Please read these Terms carefully before using our Site or services. If you do not agree with any part of these Terms, you must not use our Site or services. By using our Site or services, you represent that you are at least 18 years of age or that you are accessing the Site under the supervision of a parent or legal guardian.

2. SERVICES DESCRIPTION

Hawk Construction & Maintenance, Inc. is a commercial exterior contractor based in Ventura, California, providing a range of exterior construction and maintenance services for both commercial and residential properties throughout Southern California. Our services include, but are not limited to:
  • Commercial roofing and envelope excellence
  • Residential exterior services
  • Exterior maintenance
  • Wildfire protection services
  • Advanced roofing systems
  • Roof coating and restoration systems
  • Building envelope integration Precision installation protocols
  • Proactive envelope management

    The specific details, scope, pricing, timeline, and other terms related to any services we provide will be set forth in a separate written agreement between you and Hawk Construction & Maintenance, Inc. These Terms govern your use of our Site and general relationship with us, while project-specific terms will be detailed in your service agreement.
  • 3. SITE USE AND RESTRICTIONS

    3.1 Permitted Use
    You may use our Site for lawful purposes and in accordance with these Terms. You may
    view information about our services, submit inquiries, request estimates, and otherwise
    engage with the content we provide.
    3.2 Prohibited Activities
    You agree not to:
    a) Use the Site in any way that violates applicable federal, state, local, or international
    law or regulation.
    b) Impersonate or attempt to impersonate Hawk Construction & Maintenance, Inc., a
    Hawk employee, another user, or any other person or entity.
    c) Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site,
    or which may harm Hawk Construction & Maintenance, Inc. or users of the Site.
    d) Use any robot, spider, or other automatic device, process, or means to access the Site
    for any purpose, including monitoring or copying any of the material on the Site.
    e) Use the Site in any manner that could disable, overburden, damage, or impair the Site
    or interfere with any other party’s use of the Site.
    f) Use any device, software, or routine that interferes with the proper working of the Site.
    g) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
    malicious or technologically harmful.
    h) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
    the Site, the server on which the Site is stored, or any server, computer, or database
    connected to the Site.

    4. INTELLECTUAL PROPERTY RIGHTS

    4.1 Ownership
    The Site and its entire contents, features, and functionality (including but not limited to
    all information, software, text, displays, images, video, and audio, and the design,
    selection, and arrangement thereof) are owned by Hawk Construction & Maintenance,
    Inc., 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.
    4.2 Limited License
    These Terms permit you to use the Site for your personal, non-commercial use only. You
    must not reproduce, distribute, modify, create derivative works of, publicly display,
    publicly perform, republish, download, store, or transmit any of the material on our Site,
    except as follows:
    a) Your computer may temporarily store copies of such materials in RAM incidental to
    your accessing and viewing those materials.
    b) You may store files that are automatically cached by your Web browser for display
    enhancement purposes.
    c) You may print or download one copy of a reasonable number of pages of the Site for
    your own personal, non-commercial use and not for further reproduction, publication,
    or distribution.
    d) If we provide social media features with certain content, you may take such actions as
    are enabled by such features.
    4.3 Trademarks
    The Hawk Construction & Maintenance, Inc. name, logo, and all related names, logos,
    product and service names, designs, and slogans are trademarks of Hawk Construction
    & Maintenance, Inc. or its affiliates or licensors. You must not use such marks without the
    prior written permission of Hawk Construction & Maintenance, Inc. All other names,
    logos, product and service names, designs, and slogans on this Site are the trademarks
    of their respective owners.

    5. USER INFORMATION AND PRIVACY

    5.1 Information Collection
    When you use our Site, we may collect certain information about you and your device as
    described in our Privacy Policy. By using our Site, you consent to such collection and
    processing as described in our Privacy Policy.
    5.2 Contact Forms and Estimate Requests
    When you submit information through our contact forms or request an estimate, you
    agree to provide accurate, current, and complete information. We may use this
    information to respond to your inquiry, provide requested services, and communicate
    with you about our services.
    5.3 Marketing Communications
    If you provide your contact information, you may receive marketing communications
    from us. You can opt out of these communications at any time by following the
    unsubscribe instructions included in each communication or by contacting us directly.

    6. THIRD-PARTY LINKS AND CONTENT

    6.1 Third-Party Links
    The Site may contain links to third-party websites or services that are not owned or
    controlled by Hawk Construction & Maintenance, Inc. We have no control over, and
    assume no responsibility for, the content, privacy policies, or practices of any third-party
    websites or services. You further acknowledge and agree that Hawk Construction &
    Maintenance, Inc. shall not be responsible or liable, directly or indirectly, for any damage
    or loss caused or alleged to be caused by or in connection with the use of or reliance on
    any such content, goods, or services available on or through any such websites or
    services.
    6.2 Google Analytics
    We use Google Analytics and Google Search Console to analyze the use of our Site.
    Google Analytics and Google Search Console gather information about website use by
    means of cookies. The information gathered is used to create reports about the use of
    our Site. Google’s privacy policy is available at: https://policies.google.com/privacy

    7. ESTIMATES AND SERVICE AGREEMENTS

    7.1 Estimates
    Any estimates provided through our Site or in response to your inquiry are non-binding
    and subject to change based on a detailed assessment of your specific project
    requirements. Estimates are provided for informational purposes only and do not
    constitute a contract or guarantee of service pricing.
    7.2 Service Agreements
    All construction and maintenance services provided by Hawk Construction &
    Maintenance, Inc. require a written service agreement signed by both parties. The
    service agreement will detail the specific scope of work, pricing, timeline, payment
    terms, warranties, and other terms specific to your project. These Terms do not replace
    or supersede the terms of any service agreement.
    7.3 Project Changes
    Any changes to the scope of work, materials, or other aspects of a project after a service
    agreement has been signed must be documented in writing and may result in price
    adjustments and timeline modifications.

    8. PAYMENT TERMS

    8.1 General Payment Terms
    Payment terms for our services will be specified in your service agreement. Unless
    otherwise stated in the service agreement, invoices are due upon receipt.
    8.2 Late Payments
    Late payments may be subject to interest charges as permitted by law. We reserve the
    right to suspend or terminate services for non-payment.
    8.3 Payment Methods
    We accept various payment methods as specified in your service agreement or invoice.
    Payment processing services may be provided by third-party payment processors, and
    your use of such services is subject to their terms and conditions.

    9. WARRANTIES AND REPRESENTATIONS

    9.1 Service Warranties
    Warranties for construction and maintenance services provided by Hawk Construction &
    Maintenance, Inc. will be specified in your service agreement. Different services may
    carry different warranty terms.
    9.2 Materials Warranties
    Warranties for materials used in your project may be provided by the manufacturers of
    those materials. Hawk Construction & Maintenance, Inc. will pass through any
    manufacturer warranties to you but does not independently warrant materials beyond
    the terms provided by manufacturers.
    9.3 Site “As Is”
    THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
    WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAWK CONSTRUCTION &
    MAINTENANCE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
    BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    9.4 No Guarantee of Results
    Hawk Construction & Maintenance, Inc. does not guarantee that the services provided
    will achieve any specific results. The performance of exterior construction and
    maintenance services is subject to various factors, including but not limited to weather
    conditions, property conditions, and material performance.

    10. LIMITATION OF LIABILITY

    10.1 Limitation of Liability
    IN NO EVENT SHALL HAWK CONSTRUCTION & MAINTENANCE, INC., ITS AFFILIATES, OR
    THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
    DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
    OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY
    WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES,
    INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
    PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
    SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
    BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
    AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
    OTHERWISE, EVEN IF FORESEEABLE.
    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
    LIMITED UNDER APPLICABLE LAW, NOR DOES IT AFFECT THE LIABILITY THAT MAY ARISE
    UNDER THE TERMS OF ANY SERVICE AGREEMENT BETWEEN YOU AND HAWK
    CONSTRUCTION & MAINTENANCE, INC.

    10.2 Exclusive Remedy
    Your exclusive remedy for dissatisfaction with the Site is to stop using the Site. Your
    exclusive remedy for dissatisfaction with services provided by Hawk Construction &
    Maintenance, Inc. shall be as set forth in your service agreement.

    11. INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless Hawk Construction & Maintenance, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content other than as expressly authorized in these Terms.

    12. GOVERNING LAW AND JURISDICTION

    12.1 Governing Law
    These Terms and any dispute or claim arising out of or related to them, their subject
    matter, or their formation (in each case, including non-contractual disputes or claims)
    shall be governed by and construed in accordance with the laws of the State of
    California, without giving effect to any choice or conflict of law provision or rule.
    12.2 Jurisdiction
    Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site
    shall be instituted exclusively in the federal courts of the United States or the courts of
    the State of California, in each case located in Ventura County. You waive any and all
    objections to the exercise of jurisdiction over you by such courts and to venue in such
    courts.

    13. ARBITRATION

    13.1 Mandatory Arbitration
    At our sole discretion, we may require you to submit any disputes arising from these
    Terms or use of the Site, including disputes arising from or concerning their
    interpretation, violation, invalidity, non-performance, or termination, to final and
    binding arbitration under the Rules of Arbitration of the American Arbitration
    Association applying California law.
    13.2 Exceptions
    Notwithstanding the above, you acknowledge that unauthorized use of our intellectual
    property may cause irreparable harm for which monetary damages would be
    inadequate, and we may seek injunctive or other equitable relief in any state or federal
    court in Ventura County, California.

    14. WAIVER AND SEVERABILITY

    14.1 Waiver
    No waiver by Hawk Construction & Maintenance, Inc. of any term or condition set out in
    these Terms shall be deemed a further or continuing waiver of such term or condition or
    a waiver of any other term or condition, and any failure of Hawk Construction &
    Maintenance, Inc. to assert a right or provision under these Terms shall not constitute a
    waiver of such right or provision.
    14.2 Severability
    If any provision of these Terms is held by a court or other tribunal of competent
    jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
    eliminated or limited to the minimum extent such that the remaining provisions of the
    Terms will continue in full force and effect.

    15. ENTIRE AGREEMENT

    These Terms, our Privacy Policy, and any service agreement constitute the sole and
    entire agreement between you and Hawk Construction & Maintenance, Inc. regarding
    the Site and services and supersede all prior and contemporaneous understandings,
    agreements, representations, and warranties, both written and oral, regarding the Site.

    16. CHANGES TO TERMS OF SERVICE

    We may revise and update these Terms from time to time in our sole discretion. All
    changes are effective immediately when we post them, and apply to all access to and
    use of the Site thereafter. Your continued use of the Site following the posting of revised
    Terms means that you accept and agree to the changes.

    17. A2P 10DLC COMPLIANCE

    Hawk Construction & Maintenance, Inc. complies with all Application-to-Person (A2P)
    10-Digit Long Code (10DLC) messaging regulations. By providing your phone number to
    us, you consent to receive text messages from us related to your inquiries, estimates,
    and services. Message and data rates may apply. You may opt out of receiving text
    messages at any time by replying STOP to any message you receive from us or by
    contacting us directly.

    18. CALIFORNIA RESIDENTS

    If you are a California resident, you may have additional rights regarding your personal
    information under the California Consumer Privacy Act (CCPA) and other California
    privacy laws. Please refer to our Privacy Policy for more information about these rights.

    19. CONTACT INFORMATION

    Questions or comments about the Site or these Terms of Service should be directed to:
    Hawk Construction & Maintenance, Inc. 2674 E. Main St., Suite E244 Ventura, CA 93003
    Phone: 805-652-2400 Email: Team@builtbyhawk.com