TERMS OF SERVICE

Synergy Building Technologies provides information concerning construction technologies, sustainable building products, specialty materials, property improvement solutions, energy-related technologies, waterproofing solutions, interior furnishing products, and related consulting or project services.

Synergy may act as a manufacturer, wholesale distributor, product representative, consultant, service provider, referral source, contractor, installer, or project coordinator, depending on the particular product, service, location, and written agreement involved.

The availability of information on this website does not mean that every product or service is available in every location.

The website is intended to provide general information about Synergy Building Technologies, its products, technologies, services, capabilities, and project solutions.

Website content does not constitute:

• Engineering, architectural, environmental, legal, financial, tax, safety, or regulatory advice
• A binding proposal, estimate, quotation, warranty, contract, or product specification
• A guarantee that a product is suitable for a specific property, surface, structure, project, climate, or application
• A guarantee of financing approval, tax credits, rebates, utility savings, environmental performance, permitting, or code compliance
• A substitute for professional advice, site inspections, engineering reviews, product data sheets, safety data sheets, testing reports, or installation instructions

You are responsible for consulting appropriate licensed or qualified professionals before making construction, engineering, purchasing, financial, environmental, or property-related decisions.

Synergy may provide product descriptions, photographs, specifications, performance statements, brochures, product data sheets, safety data sheets, case studies, testing information, application instructions, and other technical materials.

Synergy attempts to keep this information accurate and current. However, product formulations, dimensions, specifications, availability, testing information, recommended applications, installation procedures, performance characteristics, and manufacturer requirements may change without notice.

Actual product performance may depend on factors including:

• Surface preparation
• Application method
• Installation quality
• Environmental conditions
• Temperature and weather
• Substrate condition
• Product storage and handling
• Project design
• Maintenance
• Compliance with manufacturer instructions

Before purchasing, specifying, installing, or using a product, you must review the most recent applicable technical documentation and confirm product suitability with Synergy, the manufacturer, a licensed contractor, an engineer, or another qualified professional.

If website content conflicts with an executed quotation, purchase order, product warranty, installation agreement, manufacturer document, or other signed agreement, the signed agreement or current official product documentation will control.

Submitting a consultation request, project description, product inquiry, estimate request, or other communication does not automatically create a contractor-client, consultant-client, lender-borrower, partnership, agency, fiduciary, or other professional relationship.

A formal business relationship is created only after the appropriate parties enter into a separate written agreement.

Initial consultations, recommendations, and estimates may be based on limited information provided by the customer. Prices, schedules, quantities, product availability, labor requirements, delivery costs, freight charges, site conditions, and project requirements may change after an inspection, technical review, engineering review, measurement, testing, or final scope determination.

Unless stated otherwise in writing:

• Estimates are not guaranteed prices
• Estimates may expire
• Product availability is not guaranteed
• Project timelines are not guaranteed
• Unexpected or concealed conditions may result in additional charges
• Permits, inspections, engineering, testing, freight, taxes, and third-party services may be charged separately
• Final pricing may depend on site access, measurements, product quantities, labor requirements, and project conditions

Product purchases, installations, construction services, professional services, warranties, financing referrals, distributorship arrangements, and other commercial transactions may require separate written agreements.

Those agreements may contain additional terms concerning:

• Pricing
• Payment terms
• Deposits
• Shipping
• Delivery
• Product acceptance
• Returns
• Refunds
• Cancellations
• Change orders
• Installation
• Project scheduling
• Warranties
• Site access
• Customer responsibilities
• Insurance
• Indemnification
• Dispute resolution

If a separate signed agreement conflicts with these Terms of Service, the separate signed agreement will control with respect to the applicable transaction or project.

When requesting products, consultations, estimates, or services, you agree to provide information that is accurate, complete, and current.

Depending on the project, you may be responsible for:

• Providing accurate property and project information
• Disclosing known structural, moisture, contamination, safety, environmental, or access conditions
• Providing accurate measurements, photographs, drawings, plans, and specifications
• Obtaining required permissions from property owners, tenants, lenders, associations, or government agencies
• Providing safe and reasonable access to the property or worksite
• Identifying underground utilities, concealed systems, or hazardous conditions
• Obtaining permits, inspections, engineering, testing, or professional approvals unless otherwise agreed in writing
• Following product storage, handling, maintenance, and safety instructions
• Preventing unauthorized persons from entering active work areas
• Making payments according to the applicable quotation, invoice, purchase order, or agreement

Synergy may decline, suspend, delay, or discontinue work where conditions are unsafe, information is incomplete, payments are overdue, required approvals are missing, or the requested work may violate applicable laws, regulations, manufacturer requirements, or professional standards.

All prices, product descriptions, specifications, and availability information are subject to change without notice.

A website inquiry, consultation request, estimate request, or form submission does not constitute acceptance of an order.

An order is accepted only when Synergy provides written confirmation or enters into a separate purchase order, quotation, invoice, contract, or other written agreement.

Synergy may correct pricing, description, quantity, availability, or typographical errors at any time.

Synergy may reject or cancel an order where:

• Product information was incorrect
• Pricing was listed incorrectly
• Products are unavailable
• Shipping or delivery cannot reasonably be completed
• Fraud or unauthorized activity is suspected
• The transaction violates applicable law
• Required payment or documentation is not received

Applicable taxes, shipping fees, freight charges, delivery fees, insurance, permits, installation costs, and other project expenses may be charged separately unless expressly included in writing.

Product shipping and delivery dates are estimates unless expressly guaranteed in a signed agreement.

Synergy is not responsible for delays caused by events outside its reasonable control, including:

• Manufacturer delays
• Supplier delays
• Freight carrier delays
• Customs or port delays
• Labor disruptions
• Material shortages
• Weather conditions
• Natural disasters
• Government restrictions
• Transportation interruptions
• Incorrect delivery information
• Limited site access

Risk of loss and responsibility for product inspection may be governed by the applicable quotation, invoice, purchase order, or delivery agreement.

Customers should inspect delivered products promptly and report visible damage, missing products, or shipping discrepancies within the period stated in the applicable transaction documents.

Return, refund, and cancellation rights depend on the product, manufacturer, project, and applicable written agreement.

Certain products may be nonreturnable, including:

• Custom-manufactured products
• Special-order products
• Opened materials
• Used materials
• Installed products
• Products damaged after delivery
• Products stored improperly
• Products with expired shelf lives
• Products subject to manufacturer restrictions

No return, refund, exchange, or cancellation is permitted unless authorized by Synergy in writing.

Restocking fees, return freight costs, inspection fees, cancellation charges, or other costs may apply.

Nothing in this section limits any non-waivable rights provided by applicable law.

The website may provide information or links concerning project financing, energy financing, loans, tax incentives, rebates, credits, Power Purchase Agreements, or related financial resources.

Unless expressly stated in a separate written agreement, Synergy Building Technologies is not acting as your attorney, accountant, tax adviser, investment adviser, lender, or financial adviser.

Financing products may be offered by a separate company, lender, broker, financing platform, affiliate, or third-party provider.

All financing is subject to separate:

• Applications
• Disclosures
• Eligibility requirements
• Underwriting
• Credit review
• Approval requirements
• Interest rates
• Fees
• Loan documents
• Contractual terms

Nothing on this website guarantees:

• Loan approval
• Financing availability
• A specific interest rate
• A specific loan amount
• Qualification for a tax credit, rebate, incentive, or deduction
• Project savings
• Investment returns
• Approval by a lender, government agency, utility provider, or tax authority

You should review the terms and privacy policy of each financing provider or third-party website before providing personal, business, financial, or credit information.

When you submit your name, email address, telephone number, or other contact information, you authorize Synergy and its representatives to respond to your inquiry using the contact methods you provide.

This may include communication by:

• Telephone
• Email
• Text message
• Voicemail
• Online meeting
• Postal mail

Where required, marketing text messages will be sent only after appropriate consent is obtained.

Consent to receive marketing messages is not a condition of purchasing a product or service. Message and data rates may apply.

You may unsubscribe from marketing emails using the unsubscribe link contained in the message. You may withdraw consent to marketing text messages by following the instructions provided in the message.

You are responsible for ensuring that the contact information you submit belongs to you and that you are authorized to use it.

You may use the website only for lawful personal, professional, informational, and business purposes.

You may not:

• Use the website in violation of any law or regulation
• Submit false, deceptive, misleading, or fraudulent information
• Impersonate another person or business
• Attempt to gain unauthorized access to the website or connected systems
• Upload viruses, malicious code, automated scripts, or harmful materials
• Interfere with the operation, security, or performance of the website
• Scrape, harvest, copy, or collect website information through unauthorized automated methods
• Use website content to make false or misleading statements about Synergy or its products
• Remove copyright, trademark, or ownership notices
• Copy, republish, distribute, resell, or commercially exploit website content without permission
• Use Synergy’s name, trademarks, logos, photographs, product materials, or branding without authorization

Synergy may restrict or terminate access to the website where it reasonably believes these Terms have been violated.

The website and its content, including text, designs, logos, product names, graphics, photographs, illustrations, videos, downloads, technical materials, page layouts, and other materials, are owned by or licensed to Synergy Building Technologies.

These materials are protected by copyright, trademark, trade dress, and other intellectual property laws.

You may download or print website materials solely for internal evaluation of Synergy’s products or services.

This limited permission does not transfer ownership and does not authorize:

• Resale
• Republishing
• Modification
• Public distribution
• Commercial reproduction
• Creation of derivative works
• Removal of ownership notices
• Misleading use of product information

Certain trademarks, product names, documents, photographs, and technical materials may belong to third-party manufacturers, suppliers, or licensors.

No license to use those materials is granted except as expressly stated.

You retain ownership of original information and materials that you submit to Synergy.

By submitting photographs, plans, drawings, specifications, measurements, descriptions, project information, or other materials, you confirm that:

• You have the right to submit the materials
• The materials do not violate another party’s privacy, intellectual property, contractual, or proprietary rights
• The information is accurate to the best of your knowledge
• Synergy may use the materials to evaluate, quote, coordinate, document, market, or perform the requested work

Synergy will not use identifiable project photographs or confidential project details for public marketing without authorization where consent is legally or contractually required.

You should not submit Social Security numbers, bank credentials, payment card information, medical information, government identification documents, or other highly sensitive information through a general website form.

The website may contain links to manufacturers, suppliers, financing providers, affiliates, social media platforms, document hosts, mapping services, analytics providers, or other third parties.

Synergy does not control and is not responsible for the:

• Availability
• Security
• Accuracy
• Content
• Privacy practices
• Products
• Services
• Terms
• Representations

of third-party websites or services.

A link does not necessarily represent an endorsement, warranty, sponsorship, or guarantee.

Your use of a third-party website is governed by that third party’s policies and terms.

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

Synergy does not warrant that:

• The website will always be available
• The website will be uninterrupted or error-free
• Website information will always be complete, accurate, or current
• Website downloads will be free from harmful components
• Website content will meet your particular requirements
• Product descriptions will apply to every property, project, surface, or application
• Any particular result, approval, savings, performance level, or project outcome will be achieved

This section applies to the website and general website information.

It does not eliminate any express warranty provided in a separate written product, purchase, installation, or service agreement.

To the fullest extent permitted by applicable law, Synergy Building Technologies and its owners, officers, directors, employees, representatives, affiliates, contractors, manufacturers, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of or inability to use the website.

This includes damages relating to:

• Loss of profit
• Loss of revenue
• Loss of business opportunity
• Loss of data
• Project delay
• Business interruption
• Property-related decisions
• Product selection decisions
• Reliance on general website information

Synergy’s total liability arising solely from your use of the website will not exceed one hundred United States dollars, except where a different limitation is required by applicable law or provided in a separate signed agreement.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, these limitations will apply only to the extent permitted by law.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Synergy Building Technologies and its affiliates, directors, officers, employees, contractors, suppliers, representatives, and licensors from claims, damages, losses, liabilities, expenses, and reasonable legal fees arising from:

• Your misuse of the website
• Information or materials you submit
• Your violation of these Terms
• Your violation of applicable law
• Your infringement of another party’s rights
• False or inaccurate information provided by you

This section does not require indemnification for claims caused solely by Synergy’s unlawful conduct.

These Terms of Service are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a separate signed agreement provides otherwise, disputes relating solely to the website or these Terms will be brought in the state or federal courts located in Los Angeles County, California.

You consent to the personal jurisdiction and venue of those courts.

Nothing in this section prevents either party from seeking temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction.

Synergy may update, modify, suspend, or discontinue any website feature, product description, service description, or downloadable material.

Synergy may also revise these Terms of Service.

Revised Terms will be posted on the website with an updated “Last Updated” date. Changes will apply prospectively from the date they are published unless another effective date is stated.

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

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will remain in full force and effect.

A failure by Synergy to enforce any provision of these Terms does not waive Synergy’s right to enforce that provision or any other provision later.

These Terms, together with the Privacy Policy and any applicable separate signed agreements, constitute the agreement between you and Synergy concerning your use of the website.

Separate purchase orders, quotations, invoices, contracts, financing documents, warranties, and service agreements may govern specific transactions.