Terms of Use

Effective Date: February 1, 2025

Welcome to the website of D1 Contracting LLC DBA D1 Contractors ("Company," "we," "us," or "our"). By accessing or using our website at https://www.d1contractors.com/ (the "Site"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Site.

1. Who We Are and What We Do

1.1 Purpose: This website provides information about our services and the ability for users to contact us for services. We provide business consulting and marketing solutions to home service and other similar businesses.

1.2 Consulting Services: Our business consulting services may include but are not limited to strategy development, process improvement, and operational consulting. Any engagement for consulting services requires a separate written agreement to these Terms including a scope of work outlining specific deliverables, timelines, and fees.

1.3 Marketing Services: Our marketing services may include, but are not limited to, assistance with website and online presence development, content creation, and ongoing management. To provide certain marketing services, we connect users with third party marketing service and technology platform providers ("Third-Party Providers"). If you engage with Third-Party Providers, you are subject to their terms and policies.

2. Use of Website

2.1 Informational Purposes Only: The content on this Site is for informational purposes only and does not constitute business, legal, financial, or other professional advice. Your use of the Site does not establish a consulting or business relationship with us.

2.2 Eligibility: You must be at least 18 years old to use this Site. The Site and services are only available to users in the United States.

2.3 Permitted Use: You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site in any manner that could harm, disable, overburden, or impair our services or interfere with any others’ use of the Site.

3. Content and Submissions

3.1 Contact Form: The Site provides a contact form for visitors to submit inquiries. By submitting your information, you consent to our use of your contact details to respond to your inquiries. Submission of an inquiry does not create a business relationship.

3.2 Accuracy of Information: You agree that any information you provide through the Site is accurate, complete, and up to date.

3.3 Content: You agree that we may use, modify, and display any content you provide while using the Site or service, including but not limited to verbal, text, or photo submissions, quotes, testimonials, reviews, or feedback for marketing and promotional purposes.

4. Third-Party Services and Tools

4.1 Third-Party Providers: We may recommend or utilize third-party tools, services, platforms, or software to provide our services or enhance our Site. The Site may contain links to third-party websites or services and we are not responsible for the content, policies, or practices of any third-party sites.

4.2 Third-Party Terms: If you engage with Third-Party Providers, you must accept and comply with their respective Terms of Use and Privacy Policies. It is your responsibility to review and agree to the Third-Party Provider’s terms before proceeding with any services. We are not responsible for their content, services, performance, or availability.

4.3 No Guarantees or Warranties: We do not guarantee or make any representations regarding the quality, reliability, or outcomes of services provided by Third-Party Providers. Any disputes or claims regarding those services must be addressed directly with the Third-Party Provider. We disclaim all liability for any issues, disputes, losses, or damages resulting from services provided by Third-Party Providers. Engagement with any Third-Party Provider is at your own risk.

4.4 Payment and Fees: Payments for services provided by Third-Party Providers must be made directly to them. We do not store or process payment information on their behalf. Any payment disputes, billing inquiries, or refund requests must be directed to the applicable Third-Party Provider in accordance with their terms and policies.

4.5 Account Management Fee: We may charge a separate or additional fee for managing your account and facilitating Third-Party Provider services. This fee covers our management of your account, including support, optimization, and other related services. Details of this fee, including the amount, will be communicated to you prior to the commencement of such services. We may modify our fees, with reasonable written notice of at least 60 days. Fees are non-refundable, and any termination of services will follow the process outlined in the termination section of these terms.

4.6 Compensation Disclosure: We may receive compensation, referral fees, or commissions from Third-Party Providers for facilitating introductions or referrals. This compensation does not affect the price you pay for services from Third-Party Providers, nor does it imply an endorsement or guarantee of their services.

4.7 Data Sharing: We may collect and share certain data with third-party providers to facilitate service delivery, as outlined in our Privacy Policy.

5. Intellectual Property

5.1 Ownership: All content, including but not limited to text, graphics, logos, images, and software on this Site, is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal or informational purposes only. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.

5.3 Confidentiality: We may work with multiple clients in the same industry and we are not bound by non-compete or confidentiality obligations that would restrict us from doing so. We will not disclose your confidential information marked or designated as "confidential" except as required by law.

6. Disclaimer of Warranties

6.1 No Guarantees: The Site and its content are provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee accuracy, completeness, reliability, or outcomes of the Site or services.

6.2 No Professional Advice: Any business or marketing information provided is for general informational purposes only. You should consult with a professional before making any business decisions.

7. Limitation of Liability

7.1 No Liability: We assume no liability for the availability, errors, or inaccuracies of the information, products or services provided. To the maximum extent permitted by law, we shall not be liable for any damages arising from or related to your use of the Site or services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

7.2 Third-Party Services Limitation: We disclaim all liability for any issues, disputes, losses, or damages resulting from Third-Party Providers. You acknowledge that any engagement with a Third-Party Provider is at your own risk.

7.3 Indemnification: You agree to indemnify, defend, and hold harmless the Company and its affiliates, members, officers, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Site, services, or violation of these Terms.

8. Term and Termination

8.1 Term: These Terms remain in effect until terminated by either party.

8.2 Termination by You: You may terminate these Terms at any time with seven (7) days’ written notice.

8.3 Termination by Us: We may terminate these Terms or your access to our Site or services with written notice if you violate these Terms or for any reason at our sole discretion.

8.4 Effect of Termination: Upon termination, all outstanding fees for services rendered up to the termination date remain due and payable. Any fees paid are non-refundable. Sections related to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution will survive termination. Termination of these Terms does not impact your relationship with Third-Party Providers.

9. Relationship

9.1 Independent Contractor: We are an independent contractor, not an employee, agent, or partner to you. These Terms do not create a partnership, joint venture, or employer-employee relationship.

10. Dispute Resolution

10.1 Good Faith Negotiation: The parties agree to attempt to resolve any disputes through good-faith negotiations.

10.2 Mediation/Arbitration: If a dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation or binding arbitration in accordance with the rules of the American Arbitration Association. The mediator or arbitrator will be mutually agreed upon by both parties.

10.3 Litigation: If arbitration fails, disputes will be resolved through litigation in the courts of New York, New York.

10.4 Claims Deadline: Any claims or disputes arising out of or related to these Terms must be raised within thirty (30) days from the date of the relevant issue. Claims made after this period will be deemed waived.

11. Governing Law

11.1 Jurisdiction: These Terms are governed by the laws of the State of New York. Any disputes arising under these Terms shall be resolved in the courts of New York, New York.

12. Privacy Policy

12.1 Your use of the Site is also governed by our Privacy Policy, linked on the footer of our website. If you do not agree with our Privacy Policy, you should not use the Site.

13. Updates to These Terms

13.1 We may modify or update these Terms at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site after any updates constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically for any changes.

14. Miscellaneous

14.1 Notices: Notices must be sent by email with confirmation of receipt to admin@d1contractors.com.

14.2 Assignment: Neither party may assign these Terms without the other party’s written consent. In the event of a merger, sale, or transfer of assets, your data or use of the services may be transferred as part of the event.

14.3 Severability: If any part of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

14.4 Referrals: We may offer referral programs that provide rewards for referring new customers. Rewards may include cash, credits, discounts, exclusive access, premium features, or recognition. Referral programs may include supplemental terms and may change at our discretion. We may deny rewards, and participation is subject to these Terms.

14.5 Entire Agreement: These Terms constitute the entire understanding between the parties and supersedes any prior agreements.

15. Electronic Agreement

15.1 By accessing or using this Site, you acknowledge and agree that you have read, understood, and accept these Terms of Use. Your use of the Site constitutes your electronic signature and agreement to be bound by these Terms, just as if you had signed a written agreement. If you do not agree to these Terms, you should not use the Site.

16. Contact Information

16.1 If you have any questions about these Terms, please contact us at admin@d1contractors.com.