Website Agreement

The www.mtcindyllc.com Web Site (the “Site”) is an online information service provided by Modern Touch Contracting, LLC (“www.mtcindyllc.com “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.mtcindyllc.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.mtcindyllc.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.mtcindyllc.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.mtcindyllc.com by all means and in any media now known or hereafter developed. You also grant to www.mtcindyllc.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.mtcindyllc.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.mtcindyllc.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.mtcindyllc.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

  1. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by www.mtcindyllc.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.mtcindyllc.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with www.mtcindyllc.com. You also understand that www.mtcindyllc.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.mtcindyllc.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND www.mtcindyllc.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.mtcindyllc.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LIMITATION OF LIABILITY IN NO EVENT WILL www.mtcindyllc.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.mtcindyllc.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.mtcindyllc.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. www.mtcindyllc.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- www.mtcindyllc.com web site, please understand that it is independent from www.mtcindyllc.com, and that www.mtcindyllc.com has no control over the content on that web site. In addition, a link to a www.mtcindyllc.com web site does not mean that www.mtcindyllc.com endorses or accepts any responsibility for the content, or the use, of such web site.

  1. Indemnification

You agree to indemnify, defend and hold harmless www.mtcindyllc.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

  1. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.mtcindyllc.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.


6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between www.mtcindyllc.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.mtcindyllc.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.mtcindyllc.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.

 

Privacy and Communications Policy 

Modern Touch Contracting, LLC (“MTC,” “we,” “our,” or “us”) respects the privacy of our clients, prospective clients, vendors, subcontractors, and other individuals who communicate with us. This Privacy and Communications Policy explains how we collect, use, protect, and share personal information, including information used for email and SMS/text-message communications.

  1. Information We Collect

MTC may collect personal information that you voluntarily provide when you contact us, request an estimate, schedule an appointment, approve a project, make a payment, or otherwise communicate with us.

This information may include:

  • Your name
  • Property or mailing address
  • Email address
  • Telephone or mobile phone number
  • Project details and property information
  • Appointment and scheduling information
  • Selections, approvals, photographs, and project documentation
  • Billing, invoice, and payment information
  • Records of emails, telephone calls, and SMS/text-message communications
  1. How We Use Your Information

MTC uses personal information only for legitimate business and project-related purposes, including:

  • Responding to inquiries and estimate requests
  • Confirming that a property is within our service area
  • Scheduling consultations, appointments, deliveries, inspections, and project work
  • Preparing and delivering estimates, proposals, contracts, change orders, invoices, and receipts
  • Communicating about project selections, materials, schedules, delays, approvals, and progress
  • Providing payment reminders and account-related notices
  • Coordinating with subcontractors, suppliers, designers, inspectors, and other project participants
  • Providing warranty, repair, and customer-service assistance
  • Maintaining business, accounting, contractual, and legal records
  • Protecting the rights, property, and safety of MTC, our clients, and others
  1. No Marketing Communications

Modern Touch Contracting, LLC does not use email or SMS/text messaging to send marketing, advertising, sales, or promotional communications.

Email and SMS/text messages from MTC are limited to communications relating to an estimate, appointment, existing or proposed project, account, payment, warranty matter, customer-service request, or other legitimate business relationship.

Consent to receive SMS/text messages is not a condition of purchasing services from MTC.

  1. Email Communications

When you provide MTC with an email address, we may use it to communicate with you regarding:

  • Your inquiry or estimate request
  • Consultation and appointment scheduling
  • Estimates, proposals, contracts, and change orders
  • Project selections and approvals
  • Project updates and scheduling changes
  • Invoices, payment reminders, and receipts
  • Warranty or customer-service matters
  • Other information reasonably necessary to manage your project or business relationship with MTC

 

MTC does not send marketing or promotional emails.

You may request that routine communications be sent through another available method. However, MTC may continue to send emails that are reasonably necessary to administer an active estimate, contract, project, payment obligation, warranty request, dispute, or other legal or business matter.

  1. SMS/Text-Message Communications

When you separately consent to receive SMS/text messages from MTC, we may send messages relating to:

  • Appointment confirmations and reminders
  • Consultation or project scheduling
  • Arrival and access coordination
  • Project status updates
  • Schedule changes or delays
  • Selection or approval requests
  • Material or delivery coordination
  • Estimate, contract, or invoice notifications
  • Payment reminders
  • Warranty and customer-service communications
  • Other non-promotional information directly related to your inquiry, project, or account

Message frequency will vary based on the nature and status of your inquiry or project. Message and data rates may apply according to the terms of your mobile service provider.

MTC does not send marketing or promotional SMS/text messages.

  1. SMS Consent and Opt-Out Rights

You may withdraw your consent to receive SMS/text messages at any time by replying STOP to a message from MTC.

After an opt-out request is received, MTC may send one final message confirming that the request has been processed. No additional SMS/text messages will be sent unless you later provide consent to receive them again.

For assistance, reply HELP or contact Modern Touch Contracting, LLC at 317-855-9930.

Opting out of SMS/text messages does not prevent MTC from contacting you by telephone, email, mail, or another reasonable method when communication is necessary to administer an estimate, contract, active project, invoice, warranty request, or other business matter.

  1. Mobile Information and Messaging Consent

MTC does not sell, rent, trade, or provide your mobile phone number, SMS opt-in information, or messaging consent to third parties or affiliates for marketing or promotional purposes.

Mobile information and SMS opt-in consent will not be shared with third parties, affiliates, lead generators, or other businesses for their independent marketing or promotional use.

Information may be provided to service providers or subcontractors only when reasonably necessary to support MTC’s communications, customer service, business operations, or contracted services. Those parties may use the information only to perform services on behalf of MTC and not for their own marketing purposes.

Text-message originator opt-in data and consent will not be sold or transferred to another business.

  1. Other Information Sharing

MTC does not sell or rent personal information.

We may disclose limited personal or project information when reasonably necessary to:

  • Coordinate work with subcontractors, suppliers, vendors, designers, engineers, or other project professionals
  • Process invoices and payments
  • Schedule deliveries, inspections, permits, or project services
  • Maintain and operate our business software and communication systems
  • Respond to a lawful subpoena, court order, governmental request, or other legal requirement
  • Enforce our contracts, collect amounts owed, or protect MTC’s legal rights
  • Prevent fraud, misuse, security threats, or unlawful activity
  • Protect the safety of MTC, our clients, our subcontractors, or the public

Any information disclosed will be limited to what is reasonably necessary for the applicable purpose.

  1. Data Retention

MTC may retain personal information, project communications, estimates, contracts, invoices, photographs, payment records, and related documentation for as long as reasonably necessary to:

  • Complete and document the requested services
  • Provide warranty or customer support
  • Maintain accounting and tax records
  • Enforce contractual rights and obligations
  • Resolve disputes
  • Meet insurance, licensing, or legal requirements
  1. Information Security

MTC uses reasonable administrative, physical, and technical safeguards intended to protect personal information from unauthorized access, loss, misuse, alteration, or disclosure.

However, no method of electronic communication, transmission, or storage is completely secure. MTC cannot guarantee the absolute security of information transmitted by email, SMS/text message, or other electronic means.

Clients should not send Social Security numbers, full financial account numbers, passwords, or other highly sensitive information through standard email or SMS/text messages.

  1. Accuracy and Communication Preferences

You are responsible for providing accurate contact information and notifying MTC if your email address, telephone number, mailing address, or other relevant information changes.

You may contact MTC to:

  • Update or correct your contact information
  • Change your preferred communication method
  • Withdraw consent to receive SMS/text messages
  • Ask how your information is being used
  • Raise a privacy-related concern
  1. Third-Party Services

MTC may use third-party providers for email, SMS/text messaging, invoicing, payment processing, scheduling, document management, or other business functions.

Those providers may process limited personal information on MTC’s behalf. Their handling of information may also be governed by their own privacy and security policies.

  1. Changes to This Policy

MTC may revise this Privacy and Communications Policy as business practices, technology, or legal requirements change.

The updated policy will become effective when it is posted, distributed, or otherwise made available upon acceptance of any scheduled appointment.

  1. Contact Information

Questions or concerns about this Privacy and Communications Policy may be directed to:

Modern Touch Contracting, LLC
Phone: 317-855-9930
Website: www.mtcindyllc.com