Applies to: https://whitbeckbuilding.com/ and related pages, forms, and contact channels operated by
Whitbeck Building & Design Inc. (“Whitbeck,” “we,” “our,” or “us”).
1) Agreement to Terms
By accessing our website, submitting a form, calling or texting us, requesting an estimate, or signing a proposal, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use our site or services.
2) Who We Are
Whitbeck is a design‑build general contractor serving the Hudson Valley. Online content is for information only; the governing terms for work on your property are the written Proposal/Contract you sign.
3) Estimates, Proposals & Contracts
- Estimates are good‑faith, non‑binding price indications and may change after site visit and selections.
- Proposals/Contracts govern scope, price, schedule, change orders, payment terms, warranties, and dispute procedures. If these Terms conflict with a signed Contract, the Contract controls.
- Change Orders must be in writing and may affect pricing and schedule.
- Allowances are placeholders for items you select later; final price reflects actual selections.
4) Site Access & Conditions
Customer will provide reasonable access to the site, utilities, parking, and a safe work area. Hidden conditions (e.g., rot, code issues, asbestos, structural surprises) may require additional work at additional cost in line with the Contract.
5) Payments & Financing
Payment schedules appear in your Proposal/Contract. Late balances may incur fees as permitted by law. If you apply for financing through a third‑party lender, your application is subject to that lender’s terms and privacy practices; approval is not guaranteed. We are not a lender and do not make credit decisions.
6) Communications; Text Messaging Consent
By providing your phone or email, you consent to receive messages related to estimates, scheduling, project updates, and customer service. You can reply STOP to texts to opt out. Message/data rates may apply. See our Privacy Policy for more details.
7) Intellectual Property
The website, designs, copy, photos, logos, and other materials are owned by Whitbeck or our licensors and protected by law. You may not copy, distribute, or create derivative works without written permission, except for personal, non‑commercial use of the website.
8) User Content & Reviews
If you post or send testimonials, reviews, photos, or messages to us, you grant Whitbeck a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and display that content for marketing and service improvement, subject to our Privacy Policy and your right to withdraw consent where applicable.
9) Third‑Party Links & Tools
We may link to third‑party sites (e.g., manufacturers, permitting, financing). We do not control and are not responsible for their content or practices. Use them at your own risk.
10) No Professional Advice
Website materials are general information and are not engineering, architectural, legal, or tax advice. For specific questions, consult a qualified professional.
11) Warranties; Disclaimer
Except as expressly stated in your Proposal/Contract, the website and its content are provided “as is” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non‑infringement).
12) Limitation of Liability
To the maximum extent permitted by law, Whitbeck and its owners, employees, and subcontractors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to website use or online communications. Our total liability for claims relating to the website will not exceed US $100. Liability for construction work is governed solely by your signed Contract.
13) Indemnification
You agree to indemnify and hold harmless Whitbeck from claims arising out of your misuse of the website, violation of these Terms, or infringement of third‑party rights, to the extent permitted by law.
14) Governing Law; Venue
These Terms are governed by the laws of the State of New York, without regard to conflict‑of‑laws rules. Venue for any dispute related to the website lies in state or federal courts located in Orange County, New York.
Optional arbitration clause (remove if not desired): The parties will first attempt informal resolution. If unresolved within 30 days, disputes arising from the website (not construction contracts) will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Rules in Orange County, NY. Each party bears its own fees.
15) Termination
We may suspend or terminate access to the website at any time for any reason, including suspected misuse or legal/compliance needs.
16) Changes to Terms
We may update these Terms from time to time; the “Last updated” date reflects the latest version. Material changes will be posted on this page.
17) Contact
Whitbeck Building & Design Inc.
Address: 449 E. Main St, Middletown, NY 10940
Phone: (845)-421-2720
Email: [email protected]