TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Home Build ("Home Build," "we," "us," or "our"), governing your access to and use of our new construction guidance services for buyers, builders, and investors.
By engaging our services, scheduling a consultation, submitting an inquiry, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access our services.
These Terms apply to all clients, prospective clients, and users of our services, regardless of how services are accessed or utilized.
2. SERVICE DESCRIPTION
Home Build provides specialized consulting and guidance services related to new residential construction, including but not limited to:
New Construction Buyer Guidance: Advisory services to assist prospective homebuyers in navigating the new construction purchase process, including builder evaluation, contract review considerations, construction timeline expectations, and quality assurance recommendations.
Builder & Development Opportunity Review: Analysis and evaluation services for builders and investors regarding potential development opportunities, market conditions, project feasibility considerations, and strategic planning guidance.
Lot, Plan & Upgrade Strategy: Consultation services regarding lot selection considerations, floor plan optimization recommendations, upgrade value analysis, and budget allocation strategies for new construction projects.
All services are provided on a consulting and advisory basis only. Home Build does not:
- Act as a licensed real estate agent or broker
- Provide legal advice or legal services
- Provide architectural or engineering services
- Provide financial planning or investment advice requiring licensure
- Act as a general contractor or construction manager
- Guarantee specific outcomes or results from following our guidance
Service delivery methods may include in-person consultations, virtual meetings, telephone consultations, written reports, email correspondence, and other communication formats as mutually agreed upon.
3. USER OBLIGATIONS
By engaging our services, you agree to:
Provide accurate, complete, and truthful information regarding your construction project, financial situation, goals, and any other relevant details necessary for us to provide appropriate guidance.
Respond to requests for information in a timely manner to facilitate efficient service delivery.
Maintain the confidentiality of any proprietary methodologies, strategies, or insights shared during the consulting relationship.
Use our services and any information provided solely for lawful purposes and in accordance with these Terms.
Refrain from reproducing, distributing, or commercially exploiting any materials, reports, or intellectual property provided by Home Build without express written permission.
Acknowledge that you are solely responsible for all decisions made regarding property purchases, construction projects, investments, and related financial commitments.
Obtain independent professional advice from licensed attorneys, accountants, real estate agents, architects, engineers, and other qualified professionals as appropriate for your specific circumstances.
Notify us promptly of any changes to your contact information, project parameters, or other relevant circumstances.
Conduct yourself professionally and respectfully in all interactions with Home Build representatives and staff.
4. APPOINTMENT SCHEDULING AND CANCELLATIONS
Appointment scheduling is subject to availability and confirmation by Home Build. All appointments must be scheduled through our designated scheduling system or by contacting us directly at Wyatt.Everly@homebuild.info.
Cancellation Policy: Clients must provide at least 48 hours advance notice to cancel or reschedule any scheduled appointment. Cancellations or rescheduling requests made with less than 48 hours notice may result in forfeiture of the appointment fee or assessment of a cancellation charge equal to 50% of the scheduled consultation fee.
No-Show Policy: Failure to attend a scheduled appointment without prior notice will be considered a no-show and will result in forfeiture of the full appointment fee. No refund or credit will be provided for no-show appointments.
Late Arrivals: Clients arriving more than 15 minutes late to a scheduled appointment may be subject to a shortened consultation session to accommodate subsequent scheduled appointments, with no adjustment to fees.
Home Build reserves the right to cancel or reschedule appointments due to emergencies, illness, or unforeseen circumstances. In such cases, we will make reasonable efforts to provide advance notice and reschedule at a mutually convenient time without penalty to the client.
5. PAYMENT TERMS
All fees for services must be paid in accordance with the payment schedule agreed upon at the time of service engagement. Payment terms will be specified in any service agreement, proposal, or invoice provided to you.
Payment Methods: We accept payment methods as specified at the time of engagement. All payments must be made in U.S. dollars unless otherwise agreed in writing.
Advance Payment: Certain services may require full or partial payment in advance before services are rendered. Initial consultations typically require payment at the time of scheduling.
Invoicing: For ongoing or project-based services, invoices will be provided according to the agreed schedule. Payment is due within 15 days of the invoice date unless other terms are specifically agreed upon in writing.
Late Payment: Accounts not paid within the specified payment terms will be considered past due. Past due accounts may be subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. Home Build reserves the right to suspend services until past due amounts are paid in full.
Non-Payment: Continued non-payment may result in termination of services and referral to collection agencies or legal action. You will be responsible for all costs associated with collection efforts, including reasonable attorney fees.
Refund Policy: Fees paid for services already rendered are non-refundable. For multi-session packages or ongoing service agreements, refunds for unused services may be considered on a case-by-case basis, less any costs already incurred and a reasonable administrative fee. Refund requests must be submitted in writing to Wyatt.Everly@homebuild.info.
Disputed Charges: Any disputes regarding charges must be raised within 30 days of the invoice date. Failure to dispute charges within this timeframe constitutes acceptance of the charges.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Home Build and its owners, employees, contractors, and representatives shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to:
Your use of or inability to use our services
Any decisions made or actions taken based on information or guidance provided by Home Build
Financial losses, lost profits, or lost opportunities related to construction projects or real estate transactions
Delays, cost overruns, or quality issues with construction projects
Disputes with builders, contractors, developers, or other third parties
Property defects, construction defects, or code violations
Changes in market conditions, property values, or economic circumstances
Errors or omissions in information provided during consultations
Reliance on our guidance without obtaining independent professional advice from licensed professionals
The total aggregate liability of Home Build for any claim arising out of or relating to our services shall not exceed the total amount of fees actually paid by you to Home Build during the six months immediately preceding the event giving rise to the claim.
Home Build provides guidance and consulting services based on our experience and knowledge, but we do not guarantee specific outcomes, results, or success of any construction project or real estate transaction.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
7. WARRANTY DISCLAIMERS
Our services and all information, guidance, and materials provided are offered "as is" and "as available" without warranties of any kind, either express or implied.
To the fullest extent permitted by law, Home Build disclaims all warranties, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that our services will meet your specific requirements or expectations
Warranties that information provided will be accurate, complete, current, or error-free
Warranties regarding the quality, suitability, or constructability of any lots, plans, builders, or developments discussed
Warranties that following our guidance will result in any particular outcome or benefit
Home Build does not warrant or guarantee:
The financial performance or investment returns of any construction project
The quality of workmanship or materials used by builders or contractors
The accuracy of information provided by third parties, including builders, developers, and vendors
The timeliness or completion of construction projects
Compliance with building codes, regulations, or permit requirements
The absence of defects in properties or construction
You acknowledge that construction projects involve inherent risks and uncertainties, and that numerous factors beyond our control can affect outcomes. You assume all risks associated with decisions made in connection with your construction projects.
Professional Advisors: You acknowledge that Home Build's services do not substitute for professional services provided by licensed real estate agents, attorneys, accountants, architects, engineers, inspectors, or other regulated professionals. You are strongly encouraged to retain appropriate licensed professionals to protect your interests.
8. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Home Build primarily operates, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless both parties mutually agree to another dispute resolution method.
The prevailing party in any dispute resolution proceeding shall be entitled to recover reasonable attorney fees and costs.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
9. INTELLECTUAL PROPERTY
All content, materials, reports, methodologies, and intellectual property provided by Home Build remain the exclusive property of Home Build. You are granted a limited, non-exclusive, non-transferable license to use materials provided to you solely for your personal or internal business purposes related to the specific project for which services were engaged.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any of our intellectual property without express written permission.
Feedback and suggestions you provide regarding our services may be used by Home Build without compensation or attribution.
10. CONFIDENTIALITY
Home Build agrees to maintain the confidentiality of personal and proprietary information you provide during the course of our service relationship, except:
As required by law or legal process
As necessary to provide services to you (such as sharing information with approved third parties at your direction)
In anonymized or aggregated form that does not identify you personally
You acknowledge that examples, case studies, or general industry insights may be derived from Home Build's collective experience across multiple clients, provided no client-specific confidential information is disclosed.
11. TERMINATION
Either party may terminate the service relationship at any time by providing written notice to the other party.
Upon termination:
- You remain responsible for payment of all fees for services rendered prior to termination
- Home Build will provide any completed work products or deliverables agreed upon in the service engagement
- Any unused portions of prepaid service packages may be eligible for partial refund as determined in Home Build's sole discretion
- Provisions of these Terms that by their nature should survive termination shall remain in effect
Home Build reserves the right to immediately terminate services and refuse future service if you:
Breach any provision of these Terms
Provide false or misleading information
Engage in abusive, threatening, or inappropriate behavior
Fail to make timely payments
Use our services for unlawful purposes
12. INDEPENDENT CONTRACTOR RELATIONSHIP
Home Build operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Home Build.
You acknowledge that Home Build may serve multiple clients and is not exclusively dedicated to your projects.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Home Build and its owners, employees, contractors, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:
Your breach of these Terms
Your use of our services
Your decisions and actions related to construction projects
Disputes with third parties including builders, contractors, and developers
Any misrepresentation of information you provide
Your violation of any laws or regulations
14. THIRD-PARTY SERVICES AND INFORMATION
Home Build may reference, recommend, or facilitate connections with third-party service providers such as builders, contractors, lenders, or other professionals. Such references are provided for convenience only and do not constitute endorsements.
Home Build is not responsible for the acts, errors, omissions, representations, warranties, or quality of services provided by any third parties. You are responsible for conducting your own due diligence and entering into appropriate agreements with third parties.
Information about builders, developments, pricing, and market conditions is subject to change. While we strive to provide current and accurate information, we cannot guarantee the accuracy of third-party information.
15. CONTACT INFORMATION
For questions about these Terms or our services, please contact:
Home Build
Email: Wyatt.Everly@homebuild.info
Location: Contact us for location
All formal notices under these Terms should be sent in writing to the email address above.
16. CHANGES TO TERMS
Home Build reserves the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting or notification to clients.
Your continued use of our services after changes to these Terms constitutes acceptance