Terms of Service

These Terms of Service govern your access to and use of the BuildWest Custom Homes website. In these Terms, “BuildWest,” “we,” “us,” and “our” refer to BuildWest Custom Homes, and “you” refers to the person accessing or using the website.

By accessing or using the website, you agree to these Terms of Service. If you do not agree to these Terms, you should not use the website.

Purpose of the Website

The website provides general information about BuildWest, custom homes, collection-plan homes, new construction, building on your land, floor plans, completed projects, service areas, construction costs, communication practices, timelines, warranty support, and related topics.

Website content is provided for general informational and marketing purposes. It is not an offer to enter into a construction contract, a binding quote, a guarantee that BuildWest will accept a project, or a promise that a specific property, plan, budget, schedule, or design will be approved.

Eligibility

The website is intended for adults. You must be at least 18 years old and legally capable of entering into an agreement to submit a project inquiry or use the website for business-related purposes.

By using the website, you represent that you meet these requirements.

No Construction Contract or Builder-Client Relationship

Accessing the website, submitting a contact form, requesting a consultation, exchanging preliminary information, or receiving a response from BuildWest does not create:

• A construction contract.
• A builder-client relationship.
• A contractor-subcontractor relationship.
• An agency or fiduciary relationship.
• A real estate brokerage relationship.
• A lending or financial advisory relationship.
• An architectural, engineering, surveying, legal, or other professional relationship.
• An obligation for BuildWest to accept, price, schedule, design, or construct a project.

A binding relationship is created only through a separate written agreement signed by the appropriate authorized parties.

Any separate construction, design, consulting, real estate, or other professional agreement may include additional or different terms. If there is a conflict between these website Terms and a separately signed agreement, the signed agreement will govern the services covered by that agreement.

Project Acceptance and Availability

BuildWest may accept or decline an inquiry or proposed project based on factors that may include:

• Property location and service area.
• Land and site conditions.
• Project type and scope.
• Budget and financing readiness.
• Plan feasibility and design requirements.
• Permits, utilities, zoning, and code requirements.
• Trade, supplier, labor, and material availability.
• Scheduling and current capacity.
• Whether the project aligns with BuildWest’s new-construction focus.

Submitting an inquiry does not reserve a place on a construction schedule and does not guarantee a response, consultation, quote, start date, completion date, or project acceptance.

General Information Is Not Professional Advice

The website may discuss land, budgets, construction costs, financing readiness, floor plans, permits, utilities, zoning, septic systems, wells, driveways, foundations, timelines, warranties, and other subjects related to building a home.

This information is general and should not be treated as legal, financial, lending, tax, insurance, real estate, architectural, engineering, surveying, environmental, zoning, code, or other professional advice.

Do not purchase land, obtain financing, approve a plan, order materials, or make another significant decision solely in reliance on website content. Appropriate professionals, governmental authorities, utility providers, lenders, and other qualified resources should be consulted when their expertise or approval is required.

Land and Buildability Information

General website information and preliminary discussions do not guarantee that a property is buildable or suitable for a particular home.

Buildability may depend on matters such as:

• Zoning and land-use restrictions.
• Setbacks, easements, and deed restrictions.
• Soil and drainage conditions.
• Survey results and property boundaries.
• Wetlands, floodplains, environmental conditions, or protected areas.
• Driveway access.
• Utility availability.
• Septic and well requirements.
• Municipal connections.
• Grading and foundation conditions.
• Permits, inspections, and governmental approvals.
• The proposed home’s dimensions, orientation, and construction requirements.

A builder’s preliminary perspective does not replace official due diligence, testing, surveying, engineering, municipal review, utility confirmation, or other required professional evaluation.

Costs, Estimates, and Pricing

Any discussion of construction costs, project ranges, price per square foot, budgets, allowances, examples, or financing on the website is general and nonbinding.

Actual project costs may be affected by land, site work, utilities, permits, foundation type, square footage, plan complexity, selections, finishes, labor, materials, code requirements, market conditions, taxes, insurance, financing, and other project-specific factors.

A website statement, general conversation, preliminary range, supplier estimate, or informal communication is not a final quote or guaranteed price. Pricing becomes binding only when it is included in a separate written agreement or other signed document that expressly states it is binding.

Unless expressly stated otherwise in a signed agreement, a construction amount may not include the purchase of land, financing expenses, third-party professional services, unusual site work, utility charges, governmental fees, or other costs outside the stated scope.

Timelines and Scheduling

Website references to construction schedules, typical build times, anticipated start dates, or projected completion dates are estimates only.

Actual timing may be affected by:

• Pre-construction planning.
• Design and plan revisions.
• Financing and loan approval.
• Permitting and inspections.
• Site preparation and utilities.
• Weather.
• Labor and trade availability.
• Material availability and delivery.
• Changes requested by the owner.
• Unforeseen property or construction conditions.
• Events outside BuildWest’s reasonable control.

No timeline is guaranteed unless a specific obligation is included in a signed written agreement.

Photographs, Galleries, and Project Examples

Photographs, galleries, floor plan examples, renderings, descriptions, and completed-project information are intended to show past work, design inspiration, or possible planning directions.

Project examples do not guarantee that:

• The same plan, materials, products, finishes, fixtures, or trades remain available.
• A similar home can be built on a different property.
• A new project will have the same cost or timeline.
• A photograph shows every feature included in a base scope.
• A design can be reproduced without modification.
• The same visual result can be achieved under different site, budget, code, or availability conditions.

Colors, dimensions, proportions, and details may also appear differently based on photography, screen settings, image editing, or display devices.

Floor Plans and Construction Documents

Any floor plan displayed on the website may be simplified, conceptual, incomplete, or modified to remove sensitive construction details.

Website floor plans are not construction documents and must not be used to construct a home, obtain permits, calculate structural requirements, establish property placement, or make engineering or code decisions.

Plans, drawings, elevations, renderings, and related materials may be protected by copyright or other intellectual property rights. Their appearance on the website does not grant permission to reproduce, modify, distribute, sell, construct from, or create derivative works from them.

Contact Forms and Electronic Communications

When you submit a form, you agree to provide information that is accurate and that you are authorized to provide.

By supplying an email address or telephone number, you authorize BuildWest to contact you regarding the inquiry using the contact method you selected or provided. Communications may include email, telephone calls, or text messages when appropriate.

Consent to receive a response about your inquiry is not consent to receive unrelated marketing messages. Any optional promotional communications will be handled separately and may be discontinued as described in the Privacy Policy.

Message and data rates may apply to text messages depending on your wireless provider and plan.

Plans, Images, and Other User Submissions

You may be able to submit plans, sketches, photographs, inspiration images, documents, links, messages, or other materials through the website.

By submitting materials, you represent that:

• You own the materials or have permission to share them.
• Your submission does not violate a copyright, privacy right, contract, confidentiality obligation, or other right.
• The information you provide is accurate to the best of your knowledge.
• The submission does not contain malware, harmful code, unlawful material, or content intended to disrupt the website.

You grant BuildWest a limited, nonexclusive, royalty-free license to store, copy, review, and internally use the submitted materials as reasonably necessary to evaluate and respond to your inquiry. This limited license also permits BuildWest to share the materials with website service providers, employees, consultants, or relevant professionals when reasonably necessary to evaluate the request.

Submitting materials does not give BuildWest permission to publish them publicly in a portfolio, advertisement, social media post, or other public-facing material. Separate approval should be obtained before submitted materials are used publicly.

Submissions will be handled in accordance with the Privacy Policy, but submission alone does not create an attorney-client privilege, trade-secret agreement, nondisclosure agreement, or other special confidential relationship. Do not submit confidential third-party information or proprietary plans unless you have permission and are comfortable providing them for evaluation.

BuildWest is not required to retain, return, review, or respond to every submitted document or inquiry.

Intellectual Property

The website and its content—including text, graphics, photographs, videos, logos, branding, page designs, downloadable materials, floor plans, project descriptions, and other content—are owned by or licensed to BuildWest and are protected by applicable intellectual property laws.

You are granted a limited, revocable, nonexclusive right to access and view the website for your own personal, noncommercial evaluation of BuildWest’s services.

Unless written permission is provided, you may not:

• Copy, reproduce, republish, distribute, sell, or publicly display website content.
• Modify website content or create derivative works.
• Use project photographs or plans to market another business.
• Remove copyright, trademark, watermark, or ownership notices.
• Use BuildWest’s name, logo, or branding in a way that implies endorsement or affiliation.
• Systematically download, scrape, extract, or collect website content.
• Use floor plans or visual materials to construct or commission a substantially copied home.
• Use website content for a competing commercial purpose.

All rights not expressly granted are reserved.

Prohibited Conduct

You may not use the website to:

• Violate any applicable law or regulation.
• Submit false, misleading, fraudulent, or impersonated information.
• Infringe another person’s intellectual property, privacy, contractual, or other rights.
• Upload malware, viruses, malicious code, or harmful files.
• Attempt to gain unauthorized access to the website, hosting environment, forms, accounts, or related systems.
• Interfere with website availability, security, or operation.
• Circumvent access controls or security measures.
• Harvest contact information or send spam.
• Use automated systems in a manner that creates an unreasonable burden on the website.
• Engage in conduct that could damage BuildWest, the website, another visitor, or a third party.

BuildWest may restrict or terminate website access when it reasonably believes these Terms have been violated.

Third-Party Websites and Services

The website may link to or use third-party websites and services, including social media platforms, maps, real estate resources, lenders, hosting providers, analytics providers, and other professional or technology services.

A link or reference does not necessarily constitute an endorsement, guarantee, partnership, or representation concerning the third party.

BuildWest does not control and is not responsible for the availability, content, security, products, services, privacy practices, or terms of third-party websites. Your use of a third-party service is governed by that third party’s policies and agreements.

Privacy

Your use of the website is also governed by the Privacy Policy. The Privacy Policy explains how information may be collected, used, disclosed, retained, and protected through the website.

Website Availability and Changes

BuildWest may modify, suspend, restrict, or discontinue any part of the website at any time.

We do not guarantee that the website will always be available, uninterrupted, current, secure, or free from errors. Content may be corrected, removed, reorganized, or replaced without notice.

Disclaimer of Warranties

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis.

BuildWest disclaims warranties concerning the website, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, completeness, reliability, availability, and security.

BuildWest does not warrant that:

• Website information will be complete, current, or error-free.
• The website will operate without interruption.
• Defects will always be corrected.
• The website or hosting environment will be free from harmful components.
• Reliance on website content will produce a particular project, cost, schedule, approval, or result.

This disclaimer applies to the website and online content only. It does not replace warranties or obligations expressly included in a separately signed construction or services agreement.

Limitation of Liability

To the fullest extent permitted by law, BuildWest and its owners, employees, contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Access to or use of the website.
• Inability to access or use the website.
• Reliance on website information.
• Loss or corruption of submitted information.
• Third-party websites, services, or conduct.
• Unauthorized access, security incidents, or harmful code.
• Decisions made based on preliminary website information.

This limitation applies only to claims arising from use of the website. It does not replace or alter liability provisions contained in a separately signed construction or professional services agreement.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BuildWest and its owners, employees, contractors, representatives, and service providers from claims, losses, liabilities, damages, judgments, costs, and expenses arising from:

• Your misuse of the website.
• Your violation of these Terms.
• Information or materials you submit.
• Your violation of another person’s rights.
• Your unlawful or unauthorized conduct.

BuildWest may assume control of the defense of a matter subject to indemnification, and you agree to provide reasonable cooperation.

Governing Law and Venue

These Terms and disputes arising solely from your use of the website are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

Subject to any mandatory legal requirements, disputes concerning website use must be brought in a state or federal court serving the Michigan county in which BuildWest’s principal office is located.

A separately signed construction or services agreement may contain different governing-law, venue, mediation, arbitration, or dispute-resolution provisions. Those separate provisions will govern disputes arising from that agreement.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the greatest extent permitted, and the remaining provisions will remain in effect.

No Waiver

A failure by BuildWest to enforce a provision of these Terms does not waive the right to enforce that provision or another provision later.

Entire Agreement for Website Use

These Terms and the Privacy Policy constitute the entire agreement between you and BuildWest concerning use of the website.

They do not replace, modify, or become part of a separately signed construction, design, real estate, consulting, or other professional agreement unless that separate agreement expressly states otherwise.

Changes to These Terms

BuildWest may revise these Terms from time to time. Revised Terms will be posted on this page.

Your continued use of the website after revised Terms are posted constitutes acceptance of the revised Terms.

Questions About These Terms

Questions about these Terms of Service may be submitted through the contact form on this website.