1. Legal Notice and Acceptance
This The Mastic Guy Terms and Conditions (“Agreement”) is provided to you (“User” “Client” or “you”) in connection with the user’s engagement of The Mastic Guy for Mastic, concrete and Synthetic turf (“Services” or “Project”). By soliciting and/or accepting the Services of The Mastic Guy you agree to be bound by and accept the terms of this Agreement. Please read this Agreement in its entirety. These terms set forth herein comprise the entire agreement between The Mastic Guy and Client with respect to the Services.
In addition, there could be a variety of special Services offered to Users through the Website that may have particular conditions (hereinafter referred to as “Particular Conditions”), which may replace, supplement or modify this TOS. Thus, the User must carefully read the corresponding Particular Conditions prior to using the aforementioned Services.
Likewise, the use of the Website is governed by the notices, terms of service and instructions made available to the User by The Mastic Guy, which replace, supplement or modify this Legal Notice.
2. Use of this Website
This website is offered to users for free. We do not ask for any sensitive information online unless our services is requested.
Users commit themselves to use the Website and the Services in accordance with law, this Legal Notice, the Particular Conditions of certain Services and any applicable guidelines, rules and/or instructions brought to their attention as well as the morale and generally accepted good practices and public interest.
For such purposes, the User will abstain from using any of the services for illegal reasons, prohibited in the present legal warning, prejudicial of the rights and interests of third parties, or that in any way could harm, annul, overload, deteriorate or impede the normal use of the services, the computer equipment or the documents, files and any kind of contents stored in any computing equipment (hacking) of this website, other Users or any Internet User (hardware and software).
In particular, and by way of illustration and not limitation, the User commits to not transmitting, promoting or making available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of material that:
These unruly activities include the following but not limited to:
Unauthorized copying or cloning of our website and links to appear that the fraudulent website is legitimate. This includes copying texts, images and branding elements like color scheme and logo.
Any forms of plagiarism, copying The Mastic Guy original content, text and images to use for their own websites or social media content.
Including our company name, logo and links to undesirable messages that defame, incriminate or abuse any person, group or entity.
Leaving spam links on out site which leads to questionable 3rd party websites.
Using our content: images, text and videos to defame or incriminate our brand, spreading fear, anxiety, rumors or hoax around the internet like social media.
Sending messages (email, text or email) to people, under the guise of our company, URL and brand. Only authorized representatives from our company are allowed to transact business under THE MASTIC GUY brand.
Other activities that are considered fraudulent, harmful and non-ethical to the general public or private individual
3. Authorization and Consent
The Client shall authorize The Mastic Guy or its representatives, contractors, and employees to conduct an evaluation of the Client’s requirements in order to determine the nature of the project, estimate of construction costs and time required for service. The initial evaluation is free and no work beyond the evaluation will be performed or charged without the Client’s approval and consent. The Client also authorizes The Mastic Guy to take any and all reasonable effort and measures necessary to determine the viability of the project.
The Client hereby represents warrants and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information regarding the property. Client further agrees to defend, at its expense, indemnify, and hold The Mastic Guy harmless against any third-party claims of ownership property provided by Client.
Once The Mastic Guy has completed its initial evaluation and identified the scope of work necessary to complete the masonry services, The Mastic Guy will contact Client for consent to proceed. The Mastic Guy will provide Client with a Project Plan and an estimate for completion of the Services. Upon approval of the Project Plan.
Payment is due in full upon completion of successful project.
5. Limitations of Liability
The Mastic Guy shall not be liable as a result of this Agreement or the performance of Services therein, for any claims regarding the physical functioning of property or the condition or existence of purchased supplies before, during or after Services.
The Client understands and accepts that perfect execution is not promised nor guaranteed by The Mastic Guy. In no event will The Mastic Guy or any contractor, employee, or agent of The Mastic Guy be liable for any loss of revenue or profit or any special incidental, or consequential damages, however caused, in connection with this Agreement or any Services provided by The Mastic Guy or its representatives, contractors, or employees; even if The Mastic Guy has been advised of the possibility of the project to incur damage or loss to property (IE: cutting off old trees).
The Mastic Guy’s liability shall be limited to the contract price for the services. Client and The Mastic Guy agree that the sole and exclusive remedy for The Mastic Guy’s inability finish the project shall be, at The Mastic Guy’s option, either (a) additional attempts by The Mastic Guy to recover the data; or (b) a refund of any amount paid by the Client.
Client acknowledges the inherent risks and property damage involved in bricklaying and masonry, including without limitation, damages, injury or similar due to untoward accidents.
The parties to this Agreement shall submit all disputes relating to this Agreement or to either party’s performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the American Arbitration Association, except that any claim in connection with The Mastic Guy seeking equitable relief in connection with The Mastic Guy’s intellectual property rights or nonpayment for Services performed which may be brought in a court of law rather than in arbitration. Either party may enforce the award of the arbitrator in a court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial as to issues covered by this arbitration agreement. The arbitration shall take place in Virginia, and the laws of the State of Texas shall apply to this Agreement.
7. Pre-Dispute Notice to The Mastic Guy
In exchange for the valuable services and consideration provided by The Mastic Guy, Client agrees that at least 90 days before initiating any formal dispute with The Mastic Guy, including the filing of any demand for arbitration, the Client shall first submit a sworn, written, and signed declaration to The Mastic Guy, stating the Client’s name, the problems experienced with The Mastic Guy’s Services, in detail, an itemization of all alleged losses claimed as a result of The Mastic Guy conduct, and all information known to the Client concerning any claimed contract breaches or other actionable conduct of The Mastic Guy pursuant to this Agreement. This declaration must state, at the end of the text and above the signature, “I declare under penalty of perjury that the foregoing is true and correct.” This declaration will enable The Mastic Guy to review factual information about the alleged dispute so that any issues may be evaluated and resolved, potentially without the need for further proceedings.
Client and The Mastic Guy agree that the sole and exclusive remedy for disputes relating to Services provided pursuant to this Agreement shall be, at The Mastic guy’s option, additional attempts by engineers of The Mastic Guy to recover satisfactory data or to refund the amount paid by the Client in full or part. The Mastic Guy will retain a copy of Client’s recovered data for a period of seven (7) days from the date of dispatch. During this period The Mastic Guy will answer any queries concerning the recovered data and, if required, provide further copies. Any documents left with The Mastic Guy after 1 year, will be securely disposed of in an appropriate manner and in no event will The Mastic Guy be liable to Client or any third party whatsoever for the data.
THE MASTIC GUY MAKES AND CLIENT RECEIVES NO WARRANTIES DUE TO SHIFTING OF THE CONCRETE OR POOL.
End of Agreement