TERMS OF
SERVICE

1. Acceptance of Terms

By accessing or using the website operated by Mendez & Son’s Construction, Inc. (“Company,” “we,” “us,” or “our”), located at www.mendezandsons.com, including any associated subdomains, features, content, or services (collectively, the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you should not access or use the Site.

These Terms govern your use of the Site only. Construction services, project agreements, proposals, and contracts are governed by separate written agreements between you and the Company.

2. About the Company

Mendez & Son’s Construction, Inc. is a licensed general contractor operating in the Bay Area, California. We specialize in Accessory Dwelling Units (ADUs), home additions, whole-house remodels, kitchen remodels, and bathroom remodels. We offer design-build services including architectural coordination, permitting, construction management, and project execution.

Information presented on this Site is for general informational purposes and does not constitute a binding offer, guarantee of pricing, or commitment to perform any specific scope of work.

3. Use of the Site

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You may not:

• Use the Site in any way that violates applicable federal, state, or local laws or regulations
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any connected systems
• Use any automated system, including bots, spiders, or scrapers, to access or collect content from the Site
• Reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent
• Transmit any malicious code, viruses, or other harmful material through the Site
• Interfere with or disrupt the operation of the Site or the servers and networks connected to it

4. Consultation Requests and Contact Forms

The Site provides contact and consultation request forms that allow you to submit your information and project details. By submitting a form, you acknowledge and agree that:

• Submitting a consultation request does not create a contractor-client relationship or obligate the Company to perform any services
• Information you provide will be used to evaluate your inquiry, contact you, and facilitate initial project discussions
• Your submitted information may be stored in our project management platform (Buildertrend) and our marketing platform (Go High Level) for communication and follow-up purposes
• We will handle your information in accordance with our Privacy Policy

5. Buildertrend Client Portal

Active clients may be provided access to our Buildertrend client portal for project documentation, selections, scheduling, and communication. By using the portal, you agree that:

• Your login credentials are personal and confidential, and you are responsible for all activity under your account
• The portal is provided as a project management convenience and does not modify the terms of any signed construction agreement
• Project details, schedules, and documentation in the portal are subject to change as construction progresses and are not guarantees of specific timelines or outcomes
• You will not share portal access credentials with unauthorized third parties

6. Intellectual Property

All content on the Site, including text, graphics, logos, photographs, images, page layouts, and design elements, is the property of the Company or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws.

Project photographs displayed on the Site may depict work completed on private properties. These images are used with the knowledge of our clients and are the property of the Company. You may not reproduce, distribute, or use any Site content for commercial purposes without our prior written permission.

The Mendez & Son’s Construction name, logo, and all related marks are trademarks of the Company. Unauthorized use of these marks is prohibited.

7. Project Information and Estimates

The Site may contain general information about our services, project types, service areas, and construction processes. This information is provided for educational and informational purposes only. You acknowledge and agree that:

• All project costs, timelines, and scopes are determined on a case-by-case basis and are subject to the terms of a signed construction agreement
• General descriptions of services on the Site do not constitute binding quotes, estimates, or proposals
• Construction timelines are influenced by factors including permitting, inspections, weather, material availability, and municipal processes, none of which are fully within the Company’s control
• References to financing options on the Site are general in nature and subject to third-party lender approval, terms, and conditions

8. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by the Company, including financing partners, material suppliers, and social media platforms. We are not responsible for the content, privacy practices, or availability of any third-party sites. Your interactions with third-party services are governed by their own terms and policies.

9. Disclaimers

The Site and its content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content on the Site.

Nothing on the Site should be construed as professional advice regarding construction, zoning, permitting, engineering, or financing. For project-specific guidance, please schedule a consultation with our team.

10. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Site, including but not limited to damages for loss of profits, data, or other intangible losses.

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all claims arising out of or related to the Site exceed one hundred dollars ($100.00).

This limitation of liability does not apply to liability arising from construction services, which are governed exclusively by the applicable signed construction agreement.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in the County of Santa Clara, California, and you consent to the personal jurisdiction of such courts.

This Section applies only to disputes arising from your use of the Site. Disputes related to construction services, contracts, or project performance are subject to the dispute resolution provisions in the applicable construction agreement.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Effective Date” at the top of this page. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding your use of the Site. These Terms do not alter, amend, or supersede any signed construction agreement, proposal, or contract between you and the Company.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Mendez & Son’s Construction, Inc.
Bay Area, California
(408) 849-7340
dan@mendezandsonsic.com
www.mendezandsons.com

© 2025 Mendez & Son’s Construction, Inc. All rights reserved.