Legal terms governing the use of our website and services
Last Updated: January 15, 2024
Effective Date: January 15, 2024
Document Version: 4.1
Welcome to HKMJ CONSTRUCTION LLC (hereafter referred to as HKMJ CONSTRUCTION, we, us, or our). These Terms of Service (Terms) constitute a legally binding agreement between you (you, your, or user) and HKMJ CONSTRUCTION LLC governing your access to and use of our website at https://www.hkmjbuild.mom, including all content, functionality, services, and features offered on or through this website.
By accessing, browsing, or using our website, or by clicking to accept or agree to these Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by all of these Terms, together with our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue use of our website and services.
These Terms apply to all visitors, users, and others who access or use our website, including without limitation users who are browsers, customers, contractors, vendors, and contributors of content. HKMJ CONSTRUCTION LLC reserves the right to update or modify these Terms at any time without prior notice, and your continued use of the website following any such changes constitutes your acceptance of the revised Terms.
HKMJ CONSTRUCTION LLC is a limited liability company registered in the State of Florida, United States of America. Our principal place of business is located at 6794 Arching Branch Cir, Jacksonville, FL 32258-8448.
By using our website and services, you represent and warrant that:
If you create an account on our website, you are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
HKMJ CONSTRUCTION LLC provides construction technology services, computer systems design, and related consulting services. Our website serves as an informational platform and service portal for our clients and prospective clients. Through our website and associated channels, we offer:
Specific service descriptions, pricing, scope, and deliverables will be defined in separate service agreements, proposals, or statements of work executed between HKMJ CONSTRUCTION LLC and the client.
All proposals, quotes, and estimates provided by HKMJ CONSTRUCTION LLC are valid for a period of 30 days from the date of issuance unless otherwise specified in writing. Proposals are based on the information available at the time of preparation and may be subject to change upon receipt of additional information, site assessments, or revised project requirements.
Engagement for specific projects will be governed by separate service agreements, contracts, or statements of work. In the event of any conflict between these Terms and a specific service agreement, the terms of the specific service agreement shall prevail to the extent of the conflict.
Project timelines provided by HKMJ CONSTRUCTION LLC are estimates based on current resource availability, scope of work, and reasonable assumptions. Timelines may be affected by factors beyond our control, including but not limited to weather conditions, supply chain disruptions, regulatory approvals, site conditions, and client responsiveness.
Any changes to the scope of work, materials, timeline, or budget after execution of a service agreement must be documented in a written change order signed by both parties. Change orders may result in adjustments to pricing and timelines.
All prices quoted are in United States Dollars (USD) unless otherwise specified. Pricing is subject to change without notice but will be honored for accepted proposals within their validity period.
Payment terms will be specified in individual service agreements. Standard payment terms include:
We accept payment via bank wire transfer, ACH transfer, certified check, major credit cards, and other methods as agreed upon in the service agreement. All payments must be made in accordance with the terms specified in the applicable invoice or service agreement.
Payments not received by the due date may be subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is less. We reserve the right to suspend or terminate services for accounts with outstanding balances past due.
If you believe an invoice contains an error, you must notify us in writing within 15 days of the invoice date. Disputed amounts must be resolved in good faith. Undisputed portions of invoices remain due according to standard payment terms.
Our website and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are the exclusive property of HKMJ CONSTRUCTION LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The HKMJ CONSTRUCTION LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HKMJ CONSTRUCTION LLC or its affiliates. You must not use such marks without our prior written permission.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal, non-commercial use. This license does not include any resale or commercial use of our website or its contents, any use of data mining, robots, or similar data gathering tools, or any downloading or copying of account information for the benefit of another party.
Intellectual property rights in project-specific deliverables created for clients will be governed by the applicable service agreement. Unless otherwise specified, HKMJ CONSTRUCTION LLC retains all rights to methodologies, tools, frameworks, and general know-how developed or used in the course of performing services.
You agree not to use our website or services to:
Confidential Information means any non-public information disclosed by one party (Disclosing Party) to the other party (Receiving Party), whether orally, in writing, or by any other means, that is designated as confidential or that a reasonable person would consider confidential given the nature of the information and circumstances of disclosure.
The Receiving Party agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties except as expressly permitted, and to use Confidential Information solely for the purposes of performing obligations or exercising rights under these Terms. These confidentiality obligations survive termination of these Terms for a period of five years.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without use of Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
OUR WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HKMJ CONSTRUCTION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, HKMJ CONSTRUCTION LLC does not warrant that:
No advice or information, whether oral or written, obtained from HKMJ CONSTRUCTION LLC or through the website creates any warranty not expressly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HKMJ CONSTRUCTION LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL HKMJ CONSTRUCTION LLC'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HKMJ CONSTRUCTION LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless HKMJ CONSTRUCTION LLC, its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
HKMJ CONSTRUCTION LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.
You may terminate your use of our website at any time by ceasing to access the website. If you have created an account, you may request account deletion by contacting us.
We reserve the right, in our sole discretion and without notice or liability, to:
We may take these actions for any reason, including but not limited to a breach of these Terms, suspected fraudulent or illegal activity, or extended periods of inactivity.
Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Termination does not relieve you of any obligations incurred prior to termination.
These Terms and any dispute arising out of or related to these Terms or the website shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.
Before initiating any formal dispute resolution proceedings, you agree to first contact us and attempt to resolve any dispute informally. We will make reasonable efforts to resolve disputes by informal negotiation within 30 days of receipt of a written notice describing the dispute.
If a dispute cannot be resolved through informal negotiation, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate shall be final and binding. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
YOU AND HKMJ CONSTRUCTION LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND HKMJ CONSTRUCTION LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and HKMJ CONSTRUCTION LLC regarding your use of the website and supersede all prior agreements, understandings, representations, and warranties.
The failure of HKMJ CONSTRUCTION LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of HKMJ CONSTRUCTION LLC.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
HKMJ CONSTRUCTION LLC shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, labor disputes, power failures, telecommunications failures, or internet disruptions.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
By using our website or contacting us via email, you consent to receive electronic communications from us. We may communicate with you by email or by posting notices on our website. You agree that all agreements, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Our website may contain links to third-party websites, resources, or services that are not owned or controlled by HKMJ CONSTRUCTION LLC. We do not endorse and are not responsible for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites. We strongly advise you to read the terms and privacy policies of any third-party website you visit.
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
If you have any questions, concerns, or comments about these Terms of Service, please contact us at:
For the most prompt service regarding billing disputes, service concerns, or legal inquiries, please include a detailed description of your matter and the best way to reach you during business hours (Monday through Friday, 8:00 AM to 6:00 PM Eastern Time).