Terms and Conditions

OVERVIEW

This website is operated by Aerie Construction. Throughout the site, the terms “we,” “us,” and “our” refer to Aerie Construction. Aerie Construction offers this website, including all the information, tools, and services available from this site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices outlined here.

By visiting our site and/or purchasing something from us, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and/or contributors of content.

Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is explicitly limited to these Terms of Service.

Any new features or tools added to the current site will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Continued use or access to the website following the posting of any changes signifies acceptance of those changes.

Our website is hosted on WordPress, which provides the platform we use to publish our services to you.

SECTION 1 – SERVICES TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are of legal age in your jurisdiction and have given consent for your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purposes, and in your use of the Service, you must not violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or destructive code.

A breach or violation of any of the Terms will result in an immediate termination of your Services and may subject you to penalties.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve transmissions over various networks or modifications to conform to technical requirements of connected networks or devices. Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service without our express written consent.

The section headings in this agreement are included for convenience and do not affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete, or current. The content on this site is intended for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or up-to-date sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is not necessarily current and is provided for reference only. We reserve the right to modify the content on this site at any time, but we are not obligated to update any information. It is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not liable to you or any third-party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our return policy.

We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your computer monitor’s display will be accurate.

We reserve the right to limit the sales of our products or Services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.

We do not guarantee that the quality of any products, services, or information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of any change to or cancellation of an order, we may attempt to notify you using the contact information provided at the time of the order.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You also agree to promptly update your account and other information, including email addresses and credit card details, to ensure we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with the terms on which the tools are provided by the relevant third-party providers.

We may also introduce new services or features through the website in the future, and these will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant or have any liability for third-party materials, websites, or any related services.

We are not liable for any harm or damages related to the purchase or use of goods, services, or content from third-party websites. Please review the third-party’s policies and practices before engaging in any transaction. Complaints or concerns about third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (such as contest entries) or if you voluntarily submit creative ideas, suggestions, proposals, or other materials (collectively 'comments'), you agree that we may use these comments without restriction. We are not obligated to maintain the comments in confidence, to pay compensation for comments, or to respond to any comments.

We may monitor, edit, or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, or violates intellectual property or these Terms of Service.

You agree that your comments will not violate the rights of any third party, including intellectual property, privacy, or personal rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any malware that could affect the operation of the Service or any related website. You may not use a false email address or pretend to be someone else. You are solely responsible for the comments you make and their accuracy. We take no responsibility for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders if any information on the Service or related websites is inaccurate at any time, without prior notice (even after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Service or any related website, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions outlined in these Terms, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to commit unlawful acts, to violate any laws or regulations, to infringe on intellectual property rights, or to submit false or misleading information. You may not transmit viruses or malicious code or collect personal information from others without consent. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the service for indefinite periods or cancel it without notice.

You expressly agree that your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are provided “as is” and “as available” without any warranties of any kind.

In no case shall Aerie Construction, its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service or any products, even if advised of their possibility. Some jurisdictions do not allow the exclusion or limitation of liability, so these limitations may not apply to you.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold Aerie Construction, its affiliates, partners, officers, and employees harmless from any claim or demand made by any third party due to your breach of these Terms of Service or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination will not affect the validity of any remaining provisions.

SECTION 16 – TERMINATION

These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services. If we believe you have violated any part of these Terms, we may terminate this agreement without notice.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us, governing your use of the Service and superseding any prior agreements or communications.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the State of Utah.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update or change these Terms by posting updates to our website. Continued use of our website after any changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at office@aerieparkcity.com