Legal, Privacy and Communications

These Terms of Use govern access to and use of this website, its forms, its content, and any related online feature provided by BCS. By using the website, you agree to these Terms of Use. If you submit a form through the website, you will also be asked to affirmatively agree to these Terms of Use and acknowledge the Privacy Policy.

If you do not agree, do not use the website or submit information through it.

These Terms of Use apply only to the website and related online services. They do not replace an estimate, proposal, construction contract, change order, warranty, payment authorization, subcontract, or other project document. If a signed project document conflicts with these Terms of Use concerning a project, the signed project document controls for that project.

The website is intended for adults. You must be at least 18 years old and have legal capacity to submit a project inquiry or enter into an agreement. If you submit information for another person, company, trust, association, property owner, or other entity, you represent that you are authorized to do so.

Website content is provided for general informational and marketing purposes. A website visit, form submission, email, telephone call, text message, consultation request, or preliminary conversation does not create a contractor and client relationship, obligate BCS to accept a project, reserve a place on the schedule, establish a price, or authorize work.

A project relationship begins only when all required parties sign a written project document that BCS has approved and any required deposit, documentation, site access, or other stated condition has been satisfied.

Construction information on the website is general and may not apply to a particular property. Site conditions, product requirements, engineering, architecture, permitting, zoning, building codes, manufacturer instructions, insurance requirements, and local authority requirements vary by project and can change.

Website content is not a substitute for an onsite evaluation or advice from an appropriately licensed contractor, architect, engineer, inspector, attorney, accountant, insurance professional, or other qualified professional. Do not begin, alter, or approve construction work solely in reliance on website content.

If a condition presents an immediate risk of fire, electrical shock, structural failure, flooding, gas exposure, personal injury, or other emergency, contact the appropriate emergency service or qualified professional. Do not use a website form for emergencies.

BCS offers and performs services only as permitted by applicable law. Services requiring a professional or contractor license will be offered and performed only after applicable licensing and qualification requirements have been satisfied and through the person or business legally authorized to provide them. Required license and contracting party information will be identified in applicable advertising and written project documents when required by law.

The website does not represent that BCS holds any particular professional or contractor license unless current license information is expressly displayed. Services remain subject to location, scope, permit availability, insurance requirements, staffing, trade availability, and written acceptance by BCS.

Information submitted through the website is a request for contact or evaluation. It is not an offer that BCS is required to accept. BCS may request additional information, photographs, plans, ownership or authority documentation, site access, professional reports, or an onsite consultation before deciding whether to prepare an estimate or accept a project.

Unless BCS expressly states otherwise in writing, website descriptions, starting prices, timelines, project photographs, renderings, examples, and service descriptions are illustrative. Actual scope, price, materials, schedule, and results depend on project specific facts.

Submission of a form does not guarantee a free estimate. Consultation, inspection, diagnostic, design, estimating, travel, plan review, or other fees may apply when disclosed by BCS.

You agree to provide information that is accurate, current, and reasonably complete. Do not impersonate another person, submit information you are not authorized to provide, or conceal information that would materially affect a project evaluation.

You are responsible for confirming the accuracy of contact details, project addresses, measurements, ownership information, budget information, plans, photographs, product selections, and other materials you provide. BCS may rely on submitted information for preliminary evaluation, but may independently verify it.

You retain ownership of material you submit. You grant BCS a nonexclusive, royalty free license to receive, store, copy, review, annotate, and share that material with employees, professional advisers, service providers, suppliers, subcontractors, permitting authorities, inspectors, and other project participants as reasonably necessary to evaluate your request, prepare an estimate, communicate with you, or provide requested services.

Submitting material through the website does not authorize BCS to publish it in public advertising. Public use of client names, private project locations, client supplied photographs, testimonials, or identifying project details requires separate permission when permission is required by law or agreement.

Do not submit confidential trade secrets, Social Security numbers, full payment card information, bank account credentials, medical information, passwords, access codes, or other highly sensitive information through a general website form. BCS will provide an appropriate method if such information is legitimately required.

You represent that you have the right to submit the material and that BCS's permitted use of it will not violate another person's privacy, intellectual property, contractual, or other rights.

Project photographs, videos, reviews, and testimonials displayed by BCS are intended to reflect genuine projects or experiences. Individual results vary based on scope, budget, selections, site conditions, and other project factors.

BCS will not knowingly create or purchase a fake review, misrepresent a reviewer's experience, condition an incentive on a positive review, or conceal a material relationship that should be disclosed. If an incentive is offered for an honest review, the incentive is not conditioned on the review being positive and the relationship should be clearly disclosed.

The website and its original text, graphics, logos, photographs, videos, designs, layout, and other content are owned by or licensed to BCS and are protected by applicable intellectual property laws. You may view and make a reasonable personal copy of website content for evaluating BCS services. You may not reproduce, sell, publish, modify, scrape, distribute, create derivative works from, or commercially exploit website content without written permission.

Third party names, marks, products, and content remain the property of their respective owners. Reference to a third party does not imply endorsement unless expressly stated.

You may not use the website to violate law, infringe rights, transmit malware, attempt unauthorized access, interfere with operation, collect information about others without authority, send deceptive material, submit fraudulent requests, impersonate another person, or use automated tools to scrape or overload the website.

BCS may restrict or block access when reasonably necessary to protect the website, users, BCS, or another person.

The website may link to or integrate with third party services such as maps, scheduling tools, live chat, social media, document services, review platforms, analytics providers, advertising providers, or supplier websites. Payments are not currently processed through the website. If BCS directs you to a separate banking or payment service, that service is controlled by its provider and may have separate terms and privacy practices. BCS is not responsible for a third party service except to the extent required by law or expressly accepted by BCS in writing.

You consent to receive electronic records relating to your website activity and requests at the contact information you provide. You may retain electronic records by saving or printing them. Electronic acceptance, signatures, records, and counterparts may be used when permitted by applicable law.

Email, text message, and telephone practices are governed by the Communications Terms in Section 4.

BCS works to keep the website accurate and available, but does not promise that it will be uninterrupted, error free, secure, or current at all times. To the fullest extent permitted by law, the website and its content are provided on an "as is" and "as available" basis without warranties concerning website operation, availability, completeness, accuracy, fitness for a particular purpose, or noninfringement.

This disclaimer applies to use of the website. It does not eliminate any obligation that BCS expressly accepts in a signed project document or any right that cannot lawfully be waived.

To the fullest extent permitted by law, BCS and its owners, employees, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from use of or inability to use the website, reliance on general website content, or a third party website.

This limitation does not apply to liability that cannot lawfully be limited, to obligations in a signed project document, or to claims caused by conduct for which limitation is prohibited by law.

To the fullest extent permitted by law, you are responsible for third party claims, losses, and reasonable costs caused by your unlawful misuse of the website, your infringement of another person's rights, or material you submit without authority. This section does not require you to indemnify BCS for BCS's own negligence, intentional misconduct, or other nonwaivable responsibility.

Florida law governs these Terms of Use and website related disputes, without regard to conflict of law principles. Any court proceeding concerning only the website or these Terms of Use must be brought in a court of competent jurisdiction in Hillsborough County, Florida, unless applicable law requires another location.

This section does not govern a project dispute when a signed project document contains a different governing law, venue, mediation, arbitration, or dispute provision.

BCS may update these Terms of Use prospectively by posting a revised version with a new effective date. Material changes apply only as permitted by law. If a provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue. A delay in enforcing a provision is not a waiver.

This Privacy Policy explains how BCS collects, uses, discloses, and protects personal information through the website, online forms, email, text messages, telephone communications, consultations, and related business interactions. It does not replace privacy terms contained in a specific signed agreement when that agreement addresses a particular use of information.

BCS may collect the following categories of information depending on how you interact with us:

• Identity and contact information, including name, email address, telephone number, mailing address, and preferred contact method.
• Project and property information, including project address, ownership or authority information, service requested, property type, budget, timeline, measurements, plans, drawings, photographs, videos, product preferences, access information, and descriptions of existing conditions.
• Inquiry and relationship information, including messages, consultation details, estimates requested, appointments, contracts, change requests, customer service records, communication history, and marketing preferences.
• Transaction information, including estimates, invoices, payments, refunds, and payment status. The website does not currently collect payment card or bank account information. A separate banking or payment provider may collect payment information subject to its own terms and privacy practices.
• Website and device information, including Internet Protocol address, browser type, device type, operating system, approximate location derived from an Internet Protocol address, referring page, pages viewed, links selected, form activity, date and time information, cookie identifiers, and similar usage information.
• Marketing interaction information, including whether an email was delivered, opened, or selected, whether a form or advertisement led to an inquiry, communication preferences, and unsubscribe or opt out records.
• User submitted content, including files, photographs, plans, testimonials, reviews, and social media interactions.
• Applicant and business contact information, if the website contains an employment, subcontractor, vendor, supplier, or professional services form.

BCS may collect information directly from you, from a person authorized to act for you, automatically through the website and communications, from service providers, from referral partners, from public property or business records, from social media or review platforms, and from project participants such as contractors, subcontractors, suppliers, design professionals, inspectors, permitting authorities, property managers, and insurers.

BCS may use information to:

• Respond to inquiries and communicate about requested services.
• Evaluate project fit, conduct preliminary research, schedule consultations, prepare estimates, and plan or perform accepted work.
• Coordinate with employees, subcontractors, suppliers, design professionals, permitting authorities, inspectors, service providers, and other project participants.
• Create and administer estimates, contracts, change orders, invoices, payments, warranties, and business records.
• Provide customer service, maintain communication history, and resolve disputes.
• Send service related, transactional, safety, account, scheduling, and project communications.
• Send marketing emails and respond to inquiries by email, manual telephone call, or individual text message using the contact information provided.
• Measure website use, improve content and services, understand lead sources, and evaluate advertising.
• Protect the website, detect fraud or misuse, maintain security, enforce agreements, and comply with law.
• Establish, exercise, or defend legal claims and respond to lawful requests.
• Carry out another purpose disclosed when information is collected or authorized by you.

BCS may disclose information to the following categories of recipients when reasonably necessary:

• Website hosting, form, email, customer management, scheduling, document, cloud storage, analytics, security, communications, and technology providers.
• Payment processors, financial institutions, bookkeepers, and accounting providers.
• Employees, subcontractors, suppliers, estimators, design professionals, engineers, architects, inspectors, permitting authorities, utilities, delivery providers, and other project participants.
• Attorneys, accountants, insurers, auditors, consultants, and other professional advisers.
• Government bodies, law enforcement, courts, or other persons when disclosure is required or permitted by law, needed to protect rights or safety, or necessary to respond to legal process.
• A buyer, successor, lender, or adviser involved in a proposed or completed sale, merger, financing, reorganization, or transfer of some or all of the business, subject to appropriate confidentiality and legal requirements.
• Another person at your direction or with your consent.

Service providers are authorized to process information for the services they provide and are expected to handle it consistently with their agreements and applicable law.

BCS does not sell personal information for money. BCS may use analytics, advertising, social media, and similar technologies that disclose website and device information to their providers. Depending on the technology used and the law that applies, certain disclosures may be treated as a sale, sharing, or processing for targeted advertising even when no money changes hands.

Where required by applicable law, BCS will provide an available method to opt out and will recognize legally required browser based opt out signals when technically supported and applicable. You may also email info@builtbybayou.com with the subject "Privacy Request."

BCS does not knowingly sell or share personal information of children.

BCS retains information for as long as reasonably necessary for the purposes described in this policy, including to evaluate inquiries, perform services, maintain project and financial records, document consent and opt out requests, comply with recordkeeping obligations, resolve disputes, enforce agreements, and protect legal rights.

Retention periods vary based on the type of information, the relationship, legal requirements, limitation periods, warranty periods, insurance needs, and security considerations. Information may be deleted, anonymized, or securely destroyed when it is no longer reasonably needed.

BCS uses reasonable administrative, technical, and physical measures appropriate to the nature of the information it maintains. No website, email, text message, storage system, or transmission method is completely secure. BCS therefore cannot guarantee absolute security.

If BCS determines that a security incident requires notice under applicable law, BCS will provide the required notice within the legally applicable time and manner.

You may:

• Unsubscribe from marketing email by using the unsubscribe link in a marketing email.
• Ask BCS to stop nonessential text messages or telephone calls by clearly communicating that request.
• Adjust available cookie choices through any preference tool BCS makes available or through browser and device controls.
• Contact BCS to update contact details or communication preferences.

Depending on where you live and whether a privacy law applies to BCS, you may have rights to request access, correction, deletion, or a portable copy of personal information, or to opt out of certain targeted advertising, sale, sharing, or profiling. To submit a request, email info@builtbybayou.com with the subject "Privacy Request."

BCS may request information reasonably necessary to verify identity, authority, and the scope of a request. BCS may retain information necessary to document and honor an opt out or to comply with law. BCS will not unlawfully discriminate against a person for exercising an applicable privacy right.

The website is intended for adults seeking construction or property related services and is not directed to children under 13. BCS does not knowingly collect personal information online from children under 13. If you believe a child under 13 submitted personal information, contact BCS so the information can be reviewed and deleted as appropriate.

Third party websites, platforms, embedded tools, and services have their own privacy practices. BCS does not control those practices. Review the privacy information of a third party before providing information directly to it.

BCS may update this Privacy Policy prospectively as practices, services, or legal requirements change. The revised policy will display a new effective or last updated date. BCS will provide additional notice or obtain consent when required for a material change.

BCS and its service providers may use cookies, pixels, tags, local storage, software tools, and similar technologies to operate the website, remember preferences, understand website use, measure communications, secure forms, prevent fraud, and evaluate marketing.

A cookie is a small data file placed on a browser or device. A pixel or tag can record an interaction such as a page view, email open, or link selection. Some tracking can occur without a traditional cookie.

The website may use:

• Essential technologies needed for security, network management, form delivery, user requested features, and basic website operation.
• Functional technologies that remember preferences or improve website features.
• Analytics technologies that help BCS understand visits, traffic sources, page use, errors, and performance.
• Advertising and social media technologies that may measure campaigns, limit repeated ads, create audiences, or support advertising based on activity across websites or services.
• Email technologies that may report delivery, opens, and link selections in marketing or service communications.

The technologies actually used depend on the website's current configuration. BCS will not intentionally describe a category as active when it is not in use.

Where available, use the cookie preference tool displayed on the website to manage nonessential technologies. You may also use browser or device controls to block or delete cookies. Blocking some technologies may affect website features.

Some browsers offer a Global Privacy Control or another browser based privacy signal. BCS will process signals when required by applicable law and technically supported. Because there is not one universally accepted response to every "Do Not Track" setting, the website may not respond to a traditional Do Not Track signal unless required by law.

When you provide an email address or telephone number and submit a request, you authorize BCS to respond about that request through the contact methods you provided. This may include email, a manual telephone call, or a text message reasonably related to the inquiry, appointment, estimate, project, account, safety issue, or service relationship.

Communications that facilitate or update an agreed transaction or ongoing project may be sent even if you opt out of promotional marketing, when permitted by law. Opting out of marketing does not cancel a project, appointment, contract, invoice, safety notice, or other service related communication.

When you submit your email address through a BCS website form, BCS may add that address to its marketing email list as clearly disclosed near the form. Marketing emails may include company news, project inspiration, educational content, service announcements, invitations, promotions, and offers.

Marketing email will use accurate sender and routing information, a subject line that is not deceptive, identification appropriate to the promotional nature of the message, BCS's valid physical postal address, and a clear way to unsubscribe.

Mailing address:

Tampa Bay, Florida

You may unsubscribe from marketing email at any time by selecting the unsubscribe link in a marketing email or contacting BCS. BCS will process an email opt out within the period required by law. An unsubscribe request applies to marketing email and does not prevent service related or transactional communications.

BCS does not currently operate a recurring marketing text program and does not make prerecorded, artificial voice, or automated marketing calls. When you voluntarily provide a telephone number in connection with an inquiry, you authorize BCS to respond manually by telephone call or individual text message about that inquiry. This authorization does not permit unrelated recurring marketing texts or automated marketing calls.

You may ask BCS to stop using a particular contact method at any time by clearly communicating the request. BCS will honor reasonable communication preference and do not contact requests as required by law. If these communication practices materially change, BCS will update these terms and obtain any consent required before beginning the new program.

BCS will place calls and send texts at reasonable times and during hours permitted by applicable law. BCS will not intentionally conceal the identity or originating number of a caller or sender.

Telephone carriers and service providers may delay or fail to deliver a communication. BCS is not responsible for carrier delays or charges. You represent that you are the subscriber or customary user of a number you provide, or that you are authorized to provide it. Notify BCS if a number changes or is reassigned.

BCS may change or discontinue a marketing program. A change does not eliminate an opt out request. Material changes to the scope of consent will be handled as required by law.