These Terms of Service (the "Terms") govern your use of the Postnikoff Built Ltd website (the "Site"). This Site is owned and operated by Postnikoff Built Ltd, a BC licensed custom home builder based in Castlegar, British Columbia. The Site provides information about the custom home construction services offered by Postnikoff Built Ltd.
By using this Site, you confirm that you have read, understood, and agree to be bound by these Terms at all times.
Important Notice: These Terms contain a Dispute Resolution clause that affects your legal rights. Please read it carefully before using this Site.
Intellectual Property
All content published on and made available through our Site is the property of Postnikoff Built Ltd and its creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and all other materials that make up the composition of the Site.
Unauthorized reproduction, distribution, or use of any Site content without prior written permission is prohibited.
Acceptable Use
As a user of our Site, you agree to use it only for lawful purposes. You agree not to:
- Violate the intellectual property rights of Postnikoff Built Ltd or any third party;
- Use the Site for any fraudulent, deceptive, or unlawful purpose;
- Attempt to interfere with the security or proper functioning of the Site; or
- Use automated tools to scrape, harvest, or extract data from the Site without authorization.
If we have reason to believe you are using the Site illegally or in violation of these Terms, we reserve the right to limit, suspend, or terminate your access without notice. We also reserve the right to pursue any legal action necessary to prevent unauthorized access or use.
Links to Third-Party Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Postnikoff Built Ltd. We are not responsible for the content, policies, or practices of any linked third-party site.
It is your responsibility to review the terms and privacy policies of any third-party site you visit.
Disclaimer and No Warranties
The information on this Site is provided for general informational purposes only, on an "as is" and "as available" basis. While we strive to keep information accurate and current, Postnikoff Built Ltd makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or availability of the Site or its content.
Your use of the Site is at your own risk. Postnikoff Built Ltd disclaims all warranties to the fullest extent permitted by the laws of British Columbia and Canada.
No Professional or Contractual Relationship
Your use of this Site does not create a contractor-client, advisory, or professional relationship between you and Postnikoff Built Ltd. Information on this Site, including descriptions of services, pricing indicators, timelines, or process steps, does not constitute an offer, estimate, or binding agreement.
All construction services are provided exclusively pursuant to a separate written agreement signed by both parties. No scope of work, price, or timeline is binding until confirmed in a written, executed contract.
Limitation of Liability
To the fullest extent permitted by applicable law, Postnikoff Built Ltd and its directors, officers, agents, employees, subcontractors, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages, or any actions, claims, losses, or expenses (including legal fees) arising from your use of or reliance on this Site or its content.
Indemnification
Except where prohibited by law, by using this Site you agree to indemnify and hold harmless Postnikoff Built Ltd and its directors, officers, agents, employees, and affiliates from any actions, claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Site or your violation of these Terms.
Applicable Law
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree to submit to the exclusive jurisdiction of the courts of British Columbia for any disputes arising from your use of this Site.
Dispute Resolution
Please read this section carefully. It affects how disputes between you and Postnikoff Built Ltd are resolved.
If a dispute arises between you and Postnikoff Built Ltd in connection with your use of the Site, we encourage you to first contact us directly to seek an informal resolution. Most concerns can be resolved quickly through open communication.
If a dispute cannot be resolved informally within 30 days of written notice, both parties agree to submit the matter to non-binding mediation before a neutral mediator mutually agreed upon by both parties. Each party will bear its own costs of mediation unless otherwise agreed in writing.
Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm. Both parties also retain the right to bring eligible claims in Small Claims Court of British Columbia.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Postnikoff Built Ltd with respect to your use of the Site and supersede all prior agreements, understandings, or communications, whether written or oral, relating to such use.
Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or applicable law. Updates will be posted to this page with a revised "Effective Date."
Your continued use of the Site following any update constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
Privacy
Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
Contact Information
If you have any questions or concerns about these Terms, please contact us:
You may also reach us through the consultation booking form available on our Site.