Terms Of Service

EARTHCRAFT CONSTRUCTION

WEBSITE TERMS OF SERVICE & PRIVACY POLICY

Effective Date: October 29th, 2025
Last Updated: October 29th, 2025

AGREEMENT TO TERMS:

These Terms of Service ("Terms") govern your use of the EarthCraft Construction website and any communications or preliminary consultations that occur prior to entering into a formal written construction contract. By accessing this website, submitting a contact form, or communicating with EarthCraft Construction, you ("you" or "your") agree to be bound by these Terms.

These Terms apply ONLY to website use and pre-contract communications. All construction services are governed by separate written contracts.

1. COMPANY INFORMATION

Legal Name: EarthCraft Construction, LLC
Principal: Jon Clark

Licenses:

Idaho Contractor License: RCE-27334

Oregon Contractor License: CCB-186023

Mailing Address:
PO Box 9613, Boise, ID 83706

Contact Information:
Phone: 208) 391-3754
Email: [email protected]

Service Areas: Idaho and Oregon

2. NO CONTRACT OR AGREEMENT UNTIL SIGNED IN WRITING

2.1 Website Content Is Informational Only

All information on this website, including but not limited to:

Descriptions of our services and building philosophy

Project examples and case studies

Energy efficiency claims and building methodology

Cost discussions or ranges

Timelines or process descriptions

Is provided for informational purposes only and does NOT constitute:

A contract or agreement for services

A binding offer to provide services

A guarantee of specific results, costs, or timelines

Professional advice specific to your situation

A warranty or representation about any particular project

2.2 No Agreement Exists Until Written Contract Is Signed

NO CONTRACT, AGREEMENT, OR OBLIGATION EXISTS BETWEEN YOU AND EARTHCRAFT CONSTRUCTION UNTIL:

Both parties have executed a formal written construction contract, AND

Any required deposits or initial payments have been made pursuant to that contract

2.3 Pre-Contract Communications Are Non-Binding

Any communications prior to a signed written contract, including but not limited to:

Phone calls or video consultations

Email exchanges

Text messages

In-person meetings

Preliminary cost discussions

Design conversations

Site visits or evaluations

Are exploratory in nature and create NO binding obligations on either party.

2.4 Verbal Statements Are Not Binding

No verbal statements, estimates, timelines, or promises made by Jon Clark or any representative of EarthCraft Construction prior to a signed written contract shall be binding or enforceable. Only the terms contained in a signed written contract govern the relationship between you and EarthCraft Construction for construction services.

3. PRELIMINARY CONSULTATIONS & COMMUNICATIONS

3.1 Purpose of Pre-Contract Phase

Before entering into a construction contract, we engage in preliminary consultations to:

Understand your project vision and requirements

Assess feasibility and alignment

Provide general guidance on our process and approach

Determine if we are a good fit for your project

Develop preliminary concepts or plans (if applicable)

3.2 No Obligation to Proceed

Neither you nor EarthCraft Construction has any obligation to proceed to a formal construction contract. Either party may choose not to move forward at any time during pre-contract discussions for any reason.

3.3 Preliminary Information Provided "As Is"

Any preliminary information, rough estimates, conceptual designs, or general guidance provided during pre-contract communications is offered "as is" without warranty of any kind. Actual project costs, timelines, feasibility, and specifications can only be determined through the formal design and contracting process.

3.4 Your Responsibility

You acknowledge that:

You should conduct your own due diligence before entering any construction contract

You should consult with appropriate professionals (attorneys, architects, engineers, financial advisors) before committing to any construction project

Preliminary discussions do not replace professional advice specific to your circumstances

You should verify all licensing, insurance, and credential information independently

4. WEBSITE USE & RESTRICTIONS

4.1 Permitted Use

You may use this website to:

Learn about EarthCraft Construction's services and philosophy

View examples of our work

Contact us for preliminary consultations

Access general information about construction and green building

4.2 Prohibited Uses

You may NOT use this website to:

Violate any applicable laws or regulations

Harass, abuse, or harm EarthCraft Construction or others

Impersonate EarthCraft Construction or Jon Clark

Copy, reproduce, or distribute website content without permission (see Section 11)

Attempt to gain unauthorized access to our systems

Introduce viruses, malware, or other harmful code

Scrape, data mine, or systematically collect information

Use automated systems or bots to access the website

4.3 No Unlawful Use

You agree to use this website only for lawful purposes and in accordance with these Terms.

5. DISCLAIMERS & LIMITATIONS

5.1 No Guarantees of Results

EarthCraft Construction makes no guarantees, warranties, or representations about:

Specific energy savings or efficiency results

Exact costs for any construction project

Timelines for design or construction

Availability of materials or subcontractors

Permit approval or regulatory compliance

Suitability of our services for your specific project

Actual results depend on numerous factors including design, site conditions, materials, local regulations, and construction execution, all of which are determined through the formal contract process.

5.2 Energy Efficiency & Performance Claims

Statements about energy efficiency (such as "30% to 90% lower energy costs," "R-45 walls," "net-zero capable") are:

Based on typical conditions and our standard building practices

Not guarantees for any specific project

Subject to variables including climate, occupant behavior, maintenance, and actual design

Estimates only until verified through actual construction and testing

5.3 Historical Information

References to Ron Hixson, EarthCraft's history since 1978, or past projects are provided for informational purposes. Past performance does not guarantee future results.

5.4 Website Provided "AS IS"

This website and all content are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of accuracy, completeness, or currentness

Warranties of merchantability or fitness for a particular purpose

Warranties that the website will be uninterrupted or error-free

Warranties that defects will be corrected.

5.5 No Professional Advice

Nothing on this website constitutes professional advice (legal, financial, architectural, engineering, or otherwise) specific to your situation. You should consult appropriate licensed professionals before making any construction decisions.

6. LIMITATION OF LIABILITY

6.1 No Liability for Pre-Contract Communications

EarthCraft Construction and Jon Clark shall NOT be liable for any damages, losses, or claims arising from:

Website content or accuracy of information

Pre-contract communications, consultations, or estimates

Your reliance on any preliminary information provided

Decisions you make based on website content

Any actions taken before a formal written contract is executed

6.2 Maximum Liability

To the maximum extent permitted by law, EarthCraft Construction's total liability for any claims related to website use or pre-contract communications shall not exceed $100 (one hundred dollars).

6.3 Types of Damages Excluded

EarthCraft Construction shall NOT be liable for:

Indirect, incidental, special, or consequential damages

Lost profits, revenue, or business opportunities

Costs of substitute services

Any damages arising from reliance on website content or pre-contract communications

6.4 Disclaimer of Liability

You acknowledge and agree that:

You use this website at your own risk

Any decisions to engage in construction projects are your own

EarthCraft Construction has no liability until a formal written contract is executed

These limitations apply even if EarthCraft Construction has been advised of the possibility of such damages

7. CONTACT FORMS & COMMUNICATIONS

7.1 Submission of Information

By submitting information through contact forms, email, or other means, you:

Grant us permission to contact you regarding your inquiry

Represent that all information provided is accurate and truthful

Consent to storage and use of your information per our Privacy Policy

Understand that submission does NOT create any contractual relationship

7.2 Response Timeframes

We strive to respond to inquiries promptly, but make no guarantees about response times. Failure to respond does not create any obligation or liability.

7.3 Communication Methods

We may communicate with you via:

Email

Phone calls

Text messages (with your consent)

In-person meetings

Video conferencing

You consent to these communication methods by submitting your contact information.

7.4 Recording

We may record phone calls or meetings for quality assurance, training, or record-keeping purposes. By engaging in communications with us, you consent to such recording where permitted by law.

8. PRIVACY & DATA COLLECTION

8.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference.

8.2 Information We Collect

Through this website and pre-contract communications, we may collect:

Name, email address, phone number

Project location and description

Budget information

Any other information you voluntarily provide

8.3 Use of Information

We use your information to:

Respond to your inquiries

Evaluate project fit and feasibility

Provide preliminary consultations

Communicate about potential projects

Maintain records

8.4 Third-Party Services

This website may use third-party services (analytics, hosting, email) that collect information about your visit. See our Privacy Policy for details.

9. LINKS TO THIRD-PARTY WEBSITES

9.1 External Links

This website may contain links to third-party websites (manufacturers, suppliers, resources, etc.). These links are provided for convenience only.

9.2 No Endorsement

EarthCraft Construction does not endorse, warrant, or guarantee:

The accuracy of information on third-party sites

The quality of products or services from third parties

The business practices of linked entities

9.3 Your Responsibility

You access third-party websites at your own risk and subject to their terms and policies. We are not responsible for the content, privacy practices, or availability of third-party sites.

10. MODIFICATIONS TO WEBSITE & TERMS

10.1 Right to Modify Website

We reserve the right to:

Modify, suspend, or discontinue the website at any time

Update content, features, or functionality

Change service offerings or descriptions

Remove or add information

10.2 Updates to Terms

We may update these Terms at any time by posting revised Terms on this website. Changes become effective immediately upon posting. Your continued use of the website after changes constitutes acceptance of modified Terms.

10.3 Last Updated Date

Check the "Last Updated" date at the top of these Terms to see when they were last revised.

11. INTELLECTUAL PROPERTY

11.1 Website Content Ownership

All content on this website, including but not limited to:

Text, graphics, images, and photographs

Design, layout, and arrangement

Logos, trademarks, and branding

Videos and multimedia content

Written descriptions and methodology

Is owned by EarthCraft Construction or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

11.2 Limited Use License

You may:

View website content for personal, informational purposes

Print individual pages for your own reference

11.3 Prohibited Uses

You may NOT:

Copy, reproduce, or republish website content

Modify, adapt, or create derivative works

Distribute, sell, or commercially exploit content

Use our trademarks, logos, or branding without written permission

Remove copyright or proprietary notices

11.4 Preliminary Plans & Designs

If we provide preliminary designs, concepts, or plans prior to a formal contract:

All intellectual property rights remain with EarthCraft Construction

You may use them solely to evaluate our services

You may not share them with other contractors or use them for construction without our permission

Specific terms regarding plans will be addressed in any construction contract

12. LICENSING & CREDENTIALS

12.1 Verification of Licenses

All licensing information displayed on this website is believed to be current and accurate. However:

You should independently verify all license numbers and status

License information may change or require renewal

We are not liable for outdated license displays if renewals are pending

12.2 Where to Verify

Verify contractor licenses through:

Idaho: Idaho Contractors Board - https://dopl.idaho.gov

Oregon: Oregon Construction Contractors Board - https://www.oregon.gov/ccb

12.3 Insurance

We maintain appropriate insurance coverage as required by law. Proof of insurance is available upon request during the formal contracting process.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EarthCraft Construction, Jon Clark, and our affiliates, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

Your use of this website

Your violation of these Terms

Your violation of any laws or regulations

Any false or misleading information you provide

Your decisions or actions based on website content or pre-contract communications

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by the laws of the State of Idaho without regard to conflict of law provisions.

14.2 Informal Resolution

Before pursuing formal legal action, you agree to contact us to attempt informal resolution of any dispute.

14.3 Arbitration

Any disputes arising from these Terms or website use that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules in Ada County, Idaho.

Exceptions: Claims for injunctive relief or disputes under $5,000 may be brought in small claims court.

14.4 Class Action Waiver

You agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.5 Venue

If arbitration does not apply, you agree that any legal action must be brought in courts located in Ada County, Idaho.

14.6 Construction Contracts Governed Separately

Dispute resolution for construction services will be governed by the terms of the written construction contract, not these Terms.

15. GENERAL PROVISIONS

15.1 Entire Agreement (Pre-Contract)

These Terms constitute the entire agreement between you and EarthCraft Construction regarding website use and pre-contract communications. They supersede any prior understandings or agreements regarding these matters.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision is not a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms. We may assign these Terms at any time without notice.

15.5 No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and EarthCraft Construction.

15.6 Survival

Provisions regarding intellectual property, limitation of liability, indemnification, and dispute resolution survive termination of your website use.

15.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

15.8 Contact for Questions

For questions about these Terms, contact us at:

Email: [email protected]
Phone: 208) 391-3754
Mail: PO Box 9613, Boise, ID 83706

16. ACKNOWLEDGMENT & CONSENT

BY USING THIS WEBSITE OR COMMUNICATING WITH EARTHCRAFT CONSTRUCTION, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms
✓ You agree to be bound by these Terms
✓ You understand that NO contract exists until a written construction contract is signed by both parties
✓ You understand that all website content and pre-contract communications are informational only and create no binding obligations
✓ You will not rely on any preliminary information without independent verification
✓ You understand limitations on liability and disclaimers apply to website use and pre-contract phase

IMPORTANT CONSTRUCTION CONTRACT NOTICE:

All construction services provided by EarthCraft Construction are governed by separate written contracts that will include:

Detailed scope of work and specifications

Final pricing and payment terms

Timeline and schedule

Warranty information

Change order procedures

Dispute resolution specific to construction

All other terms governing the construction relationship

These Website Terms of Service do NOT govern construction services—only website use and pre-contract communications.

Last Updated: October 29th 2025
Version: 1.0

© [1978-2025] EarthCraft Construction, Inc. All rights reserved.