TERMS AND CONDITIONS

Last Updated: April 8, 2025

Welcome to Macbeth Construction. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services, including any content, functionality, and services offered on or through our website (collectively, the "Services").

These Terms constitute a legally binding agreement between you and Macbeth Construction ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

By accessing or using our Services, you represent and warrant that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater.
• You have the legal capacity to enter into these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" and "your" will refer to that entity.

We reserve the right to modify or replace these Terms at any time in our sole discretion. The most current version of these Terms will be posted on our website with the "Last Updated" date at the top. If we make changes that we determine, in our sole discretion, to be material, we will notify you through the Services, via email, or by other communication.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

We provide various construction services, which include but are not limited to:

Concrete

• Driveways
• Walkways
• Sidewalks & curbs
• Stairways
• Foundations
• Slabs & Patios
• Planters

Asphalt

• Paving, seal coating, and repairs
• Driveways
• Roadways
• Parking Lots

Roof Replacement

• Shingle replacement
• Complete Tear-Off's
• Repairs and patches
• Wood replacement

Painting

• Commercial, Retail & Residential
• Townhome communities
• Condominium buildings
• Apartment buildings
• Single family homes
• Wood Replacement & Caulking

Siding & Gutters

• Gutter Cleaning
• Gutter Replacement
• Downspout Extensions
• Siding, fascia & soffit repairs and replacement

Lighting

• Light Fixture Replacement
• Monument Lighting
• LED Retrofitting
• Light Post Replacement
• Photo Cell Installation Replacement

Mailboxes

• Residential mailboxes
• Cluster mailboxes

Signage Installation

• Street Signs
• Wood & Metal Signs
• Monument Signs - Masonry, Stone, Wood

Power Washing

• Walkways
• Driveways
• Siding
• Garage Doors

Deck/Balcony Repairs

• Wood Replacement
• Staining/Painting
• Flashing repairs
• Railing installation

Framing

• Commercial build-outs
• Retail build-outs
• Residential remodeling & construction
• Additions

Drywall & Paint

• Drywall patching & replacement
• New installations
• Taping, mudding, sanding, priming
• Painting (interior & exterior)

Flooring

• Tile
• Hardwood
• Vinyl (plank)

Plumbing

• Water Heater Replacement
• Garbage Disposals
• Dishwashers
• Sump Pumps/Ejectors
• Shower Fixtures/Diverters
• Rodding

Electrical

• Panels & Breakers
• Switches & Outlets
• Intercom Repairs
• Thermostat Replacement
• GFCI Replacement
• Bulb Replacement

HVAC

• AC Unit Repairs & Replacement
• Furnace Repairs & Replacement
• Roof Top Units
• Seasonal Cleaning & Inspections

Appliance Repair

• Dishwasher
• Washing Machine/Dryer
• Stove/Ovens
• Refrigerators

Leak Inspection & Repairs

• Water Leak Inspection
• Fan Dry
• Insulation replacement
• Drywall Repairs
• Paint

The specific services to be provided will be detailed in a separate written agreement between you and the Company ("Service Contract").

Our website provides information about our company and services, contact information, and other features. Your use of our website is subject to these Terms.

All construction services require a separate written Service Contract. These Terms do not constitute a commitment by us to perform any specific construction services.

In the event of any conflict between these Terms and the terms of any Service Contract, the terms of the Service Contract shall control with respect to the subject matter of such conflict.

You agree to pay all fees specified in your Service Contract. All payments are due according to the payment schedule outlined in your Service Contract.

All fees are exclusive of taxes, and you are responsible for paying all applicable taxes, including sales, use, or value-added taxes.

Late payments may be subject to late fees as specified in your Service Contract or as permitted by applicable law.

The Services, including all content, features, and functionality, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

You agree not to:

• Use the Services in any way that violates any applicable law or regulation.
• Copy, modify, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material from our Services without our prior written consent.
• Use any data mining, robots, or similar data gathering or extraction methods on our Services.
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.

If you provide us with any materials or information, including plans, specifications, or designs ("Your Materials"), you grant us a non-exclusive license to use Your Materials for the purpose of providing the Services to you.

The Services may contain message boards, chat rooms, personal profiles, forums, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials ("User Contributions").

By providing User Contributions, you represent and warrant that:

• You own or control all rights in and to the User Contributions.
• All User Contributions comply with these Terms.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content.

You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm the Company or users of the Services or expose them to liability.

By providing your mobile phone number and opting in to receive SMS messages from us, you agree to receive text messages from Macbeth Construction. Standard message and data rates may apply. You can opt out at any time by replying "STOP" to any of our text messages.

By providing your email address and opting in to receive emails from us, you agree to receive email communications from Macbeth Construction. You can opt out at any time by using the unsubscribe link in our emails or by contacting us directly.

We may send you marketing communications about our services, special offers, and promotions if you have opted in to receive such communications. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions in any marketing communication you receive from us.

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

You may terminate your use of the Services at any time by discontinuing use of the Services. Termination of a Service Contract must be in accordance with the terms of that Service Contract.

Upon termination of these Terms for any reason:

• Your right to access and use the Services will immediately cease.
• Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee any specific results from the use of our Services.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect, except as modified by these Terms.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, our Privacy Policy, and any Service Contract constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including acts of God, floods, fires, earthquakes, epidemics, pandemics, riots, war, terrorism, government actions, labor disputes, power failures, or internet or telecommunications failures.

We may provide any notice to you under these Terms by posting a notice on our website or sending a message to the email address or phone number associated with your account. Notices provided by posting to our website will be effective upon posting, and notices provided by email or SMS will be effective when we send the notice.

To give us notice under these Terms, you must contact us at:

Macbeth Construction
2650 Division St.
Melrose Park, Illinois 60160
mike@mcbathconstruction.com

For questions about these Terms, please contact us at:

Macbeth Construction
2650 Division St.
Melrose Park, Illinois 60160

(708) 726-5766
inquiries@mcbathconstruction.com