Terms of Service

Last Updated: January 9, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Obelisk Construction LLC ("Company," "we," "us," or "our") concerning your access to and use of our website and services.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our website or services.

2. Use of Our Services

Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit any harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use our services for any fraudulent or unlawful purpose
  • Collect or harvest any information from our website without permission
  • Impersonate any person or entity

3. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Obelisk Construction LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use

4. User-Generated Content

If you submit any content to us (such as through contact forms or communications), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for the purposes of operating and improving our services.

You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not violate any third-party rights or applicable laws.

5. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Obelisk Construction LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services.

6. Disclaimer of Warranties

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

We do not warrant that our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on our website.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OBELISK CONSTRUCTION LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your access to or use of (or inability to access or use) our services
  • Any conduct or content of any third party on our services
  • Any content obtained from our services
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS, WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless Obelisk Construction LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another.

9. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Travis County, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, by providing additional notice (such as through email or a prominent notice on our website).

Your continued use of our services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our services.

11. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. Waiver

No waiver by us 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Obelisk Construction LLC regarding our services and supersede all prior agreements and understandings, whether written or oral.

15. Contact Information

If you have any questions about these Terms, please contact us:

Obelisk Construction LLC

Email: [email protected]

Phone: (512) 980-9221