Terms and Conditions of Use

1. Acceptance of These Terms

These Terms and Conditions of Use (the "Terms") form a legally binding agreement between you ("you," "your," or "User") and KEENTEL LLC, a Florida limited liability company doing business as Keentel Engineering and marketing under the name Keentel General Contractors ("Keentel," "Company," "we," "us," or "our"). The Terms govern your access to and use of keentelgeneralcontractors.com and every subdomain, page, form, portal, chat feature, scheduling tool, telephone line, text-message program, and email address operated by or on behalf of Keentel (collectively, the "Website").

By accessing, browsing, submitting information through, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Legal Disclaimer, each of which is incorporated by reference. If you do not agree, your sole and exclusive remedy is to discontinue all use of the Website immediately.

You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract. If you use the Website on behalf of a company, partnership, association, homeowners association, condominium association, governmental body, or other entity, you represent and warrant that you are authorized to bind that entity, and "you" refers to both you individually and that entity.

2. Definitions

• "Content" means all text, graphics, photographs, renderings, drawings, plans, specifications, videos, audio, logos, trademarks, service marks, trade dress, layouts, source code, databases, and other material appearing on or delivered through the Website.
• "Services" means the construction, general contracting, electrical contracting, design-build, engineering, pre-construction, remodeling, restoration, emergency response, troubleshooting, maintenance, consulting, and related services that Keentel performs or offers.
• "Project Contract" means a separate written agreement, proposal, work authorization, change order, purchase order, or service ticket executed or accepted by Keentel and a client that governs the performance of Services.
• "Submission" means any information, inquiry, message, review, photograph, drawing, file, or other material you transmit to Keentel through the Website or in response to it.

3. Scope of These Terms; Order of Precedence

These Terms govern your use of the Website and any pre-contractual interaction with Keentel arising from it, including inquiries, consultation requests, estimate requests, and marketing communications. These Terms do not themselves create an obligation for Keentel to perform Services and do not modify, replace, or supplement any Project Contract.

If you have entered into a Project Contract with Keentel, that Project Contract governs the performance of the Services described in it, and in the event of a conflict between the Project Contract and these Terms with respect to those Services, the Project Contract controls. In all other respects, and as to all matters arising from the Website, these Terms control. Nothing on the Website amends, waives, expands, or supersedes any term of a Project Contract, and no statement, page, graphic, warranty summary, badge, review, or marketing claim on the Website shall be construed as a representation, warranty, or contractual commitment of Keentel.

4. Limited License; Prohibited Uses

Subject to your continuing compliance with these Terms, Keentel grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Website for your own personal, non-commercial purposes, and for the sole purpose of evaluating whether to engage Keentel for Services. All rights not expressly granted are reserved.

You agree that you will not, and will not permit or assist any other person or automated system to:

• copy, reproduce, republish, mirror, frame, scrape, harvest, index for training, distribute, sell, license, or create derivative works from any Content, except for a single copy of a page retained for your own record of a prospective project;
• use any robot, spider, crawler, scraper, data-mining tool, artificial-intelligence training pipeline, or automated means to access, extract, or reuse the Website or its Content;
• reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of any part of the Website;
• circumvent, disable, probe, or otherwise interfere with any security, authentication, rate-limiting, or access-control feature of the Website;
• introduce any virus, worm, trojan horse, malicious code, or other material that is technologically harmful;
• submit false, misleading, fraudulent, or impersonating information, including a false identity, a property address you do not own or control, or another person’s telephone number or email address;
• use the Website to transmit unsolicited commercial communications, solicitations, chain letters, or spam, or to recruit Keentel personnel or subcontractors;
• use the Website or any Content for competitive intelligence, benchmarking, pricing analysis, or to build or market a competing product or service;
• remove, obscure, or alter any copyright, trademark, license number, or other proprietary notice; or
• use the Website in any manner that violates any applicable federal, state, or local law, regulation, code, ordinance, or licensing requirement.

Keentel may, at its sole discretion and without notice or liability, investigate any suspected violation, restrict or terminate your access, remove any Submission, preserve and disclose records as permitted by law, and pursue all available legal and equitable remedies.

5. Intellectual Property

The Website and all Content are owned by Keentel or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and unfair competition laws. "KEENTEL," "KEENTEL ENGINEERING," "KEENTEL GENERAL CONTRACTORS," the Keentel logo, and all related names, marks, and slogans are trademarks or service marks of Keentel. You may not use them without our prior written consent, and any goodwill arising from unauthorized use inures solely to Keentel.

Photographs, renderings, drawings, plans, details, specifications, estimates, scopes of work, value-engineering analyses, and construction documents prepared by Keentel or its personnel are instruments of service that remain the exclusive property of Keentel, whether or not a project proceeds and whether or not any fee has been paid, except to the extent a Project Contract expressly transfers or licenses specific rights. Delivery of any such document does not convey ownership, an implied license, or any right of reuse on another site, another project, or by another contractor.

6. No Professional Advice; No Relationship Formed

All Content is provided for general informational, educational, and marketing purposes only. Content is not, and must not be relied upon as, engineering advice, architectural advice, code interpretation, construction advice, safety advice, legal advice, insurance advice, tax advice, financial advice, or a professional opinion of any kind.

Building codes, the Florida Building Code, National Electrical Code adoptions, wind-load and flood requirements, permitting rules, inspection practices, product approvals, and local amendments differ by jurisdiction and change over time. Content may be general, simplified, abbreviated, out of date, or inapplicable to your property, structure, occupancy, or scope. You must consult a licensed Florida Professional Engineer, licensed architect, licensed general contractor, or licensed electrical contractor, and the authority having jurisdiction, regarding your specific circumstances before making any decision.

NO ENGINEER-CLIENT, CONTRACTOR-CLIENT, DESIGN-PROFESSIONAL, AGENCY, FIDUCIARY, JOINT VENTURE, PARTNERSHIP, OR EMPLOYMENT RELATIONSHIP IS CREATED BY YOUR USE OF THE WEBSITE, BY SUBMITTING AN INQUIRY OR CONSULTATION REQUEST, BY RECEIVING A BUDGETARY RANGE OR PRELIMINARY ESTIMATE, BY ATTENDING A COMPLIMENTARY CONSULTATION, OR BY EXCHANGING CORRESPONDENCE WITH KEENTEL. SUCH A RELATIONSHIP ARISES ONLY UPON EXECUTION OF A WRITTEN PROJECT CONTRACT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF KEENTEL.

7. Estimates, Budgets, Pricing, Schedules, and Availability

Any price, price range, unit cost, square-foot cost, allowance, budget, ballpark figure, calculator output, timeline, duration, start date, completion date, lead time, or availability statement appearing on the Website or communicated during a complimentary consultation is preliminary, non-binding, and provided for planning purposes only. It is not an offer, a bid, a quotation, a firm proposal, or a guarantee of price, cost, schedule, or capacity.

Actual pricing and schedule depend on factors that cannot be determined without a site investigation and complete construction documents, including existing conditions, concealed conditions, soil and substructure conditions, structural adequacy, code compliance and required upgrades, permitting and plan-review duration, utility coordination, product approval and availability, material and labor market conditions, tariffs, owner-directed changes, third-party delays, and weather. Keentel is bound only by a written proposal that is signed by an authorized representative of Keentel, that identifies itself as a proposal, and that has been accepted in writing within its stated validity period.

Keentel reserves the right to decline any inquiry, project, or prospective client for any lawful reason or no reason, to withdraw or correct any published price or availability at any time without notice, and to correct typographical, clerical, transcription, or computational errors, including after a proposal has been issued.

8. Licensure and Geographic Scope

Keentel holds Florida Certified General Contractor License No. CGC1524228 and Florida Certified Electrical Contractor License No. EC13014476, and is registered with the Florida Board of Professional Engineers under Registry No. 36853 as KEENTEL LLC, DBA KEENTEL ENGINEERING. Keentel offers Services only where it is duly licensed and only within the scope of those licenses.

The Website is directed to persons and properties located in the State of Florida. Content is not an offer or solicitation to provide Services in any jurisdiction where Keentel is not licensed or where such an offer would be unlawful. Nothing on the Website shall be construed as an offer to perform, or the performance of, any service requiring a license Keentel does not hold. If your project requires a discipline outside Keentel’s licensure, Keentel will engage or recommend an appropriately licensed party, and Keentel makes no representation or warranty as to any such party.

9. Inquiries, Complimentary Consultations, and No Obligation

Keentel may offer a complimentary initial consultation, conducted in person or by video conference, to discuss a prospective project. A complimentary consultation is a courtesy sales meeting. It is not a professional engineering evaluation, a code compliance review, a structural or electrical assessment, a property inspection, an insurance-claim evaluation, or a written report, and no professional standard of care attaches to it.

Submitting an inquiry, form, or consultation request creates no obligation on Keentel to respond, to provide a proposal, to hold any price or schedule, to accept a project, or to keep any capacity available. Keentel is not responsible for inquiries that are not delivered, are delayed, are misdirected, are filtered as spam, or are lost through any transmission, hosting, form provider, telecommunications, or email failure.

10. Electronic Communications, Calls, and Text Messages

You consent to receive communications from Keentel electronically, including by email, text message, in-app or web message, and telephone, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

By providing a telephone number to Keentel through the Website, by text, by email, or verbally, you give your prior express written consent for Keentel and its authorized agents to contact you at that number regarding your inquiry and your project, including by live agent, prerecorded or artificial voice message, automated telephone dialing system, and SMS or MMS text message. Consent to receive marketing communications is not a condition of purchasing any goods or services from Keentel.

Message frequency varies. Message and data rates may apply. You may opt out of text messages at any time by replying STOP, and you may request assistance by replying HELP. You may opt out of marketing email by using the unsubscribe link in any marketing message. Keentel will honor an opt-out request within the period required by applicable law. Keentel may continue to send transactional, service, scheduling, safety, warranty, and legal communications relating to an active project or contract after a marketing opt-out. Mobile carriers are not liable for delayed or undelivered messages.

You are responsible for notifying Keentel promptly if you relinquish, reassign, or port a telephone number you have provided. You agree that Keentel may rely on your representation that you are the subscriber or customary user of any number you provide and that you are authorized to consent for that number. Telephone calls with Keentel may be monitored or recorded for quality assurance, training, dispute resolution, and recordkeeping purposes; where notice or consent is required, you will be notified at the outset of the call and your continued participation constitutes consent. Additional detail is set out in our Privacy Policy.

11. Submissions, Reviews, and User Content

Keentel does not want and will not receive confidential or proprietary information through the Website. Except for personal information governed by our Privacy Policy, every Submission is deemed non-confidential and non-proprietary. Do not send trade secrets, protected health information, financial account numbers, government identification numbers, or privileged material through the Website.

You grant Keentel a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission, in whole or in part, in any medium now known or later developed, for any lawful business purpose including marketing, portfolio, training, quality assurance, and product improvement, without attribution, notice, approval, or compensation to you. You waive any moral rights in each Submission to the fullest extent permitted by law.

You represent and warrant that each Submission is accurate, is yours to provide, does not infringe or misappropriate any third-party right, and does not violate any law. You are solely responsible for your Submissions. Keentel does not endorse and is not responsible for any Submission, and may remove, edit, refuse, or decline to display any Submission at its sole discretion without notice.

12. Third-Party Links, Products, and Manufacturer Warranties

The Website may link to or display third-party websites, platforms, review sites, financing providers, product manufacturers, distributors, engineers, architects, designers, inspectors, insurers, adjusters, or subcontractors. Such links and references are provided for convenience only and do not constitute an endorsement, sponsorship, certification, recommendation, or assumption of responsibility by Keentel.

Keentel does not control and is not responsible for third-party websites, content, privacy practices, security, pricing, availability, workmanship, licensure, insurance, or performance. Your dealings with any third party are solely between you and that third party. Manufacturer and supplier warranties on products, materials, systems, and equipment are provided by those third parties on their own terms, are subject to their own registration, maintenance, and exclusion requirements, and are not warranties of Keentel. Keentel will, where permitted, pass through assignable manufacturer warranties as provided in the applicable Project Contract, and that pass-through is the entirety of Keentel’s obligation with respect to third-party warranties.

13. Disclaimer of Warranties — Website

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEENTEL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS, AND LICENSORS (THE "KEENTEL PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

KEENTEL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, CURRENT, COMPLETE, OR RELIABLE. YOU ASSUME THE ENTIRE RISK OF USING THE WEBSITE AND OF ANY RELIANCE ON CONTENT.

14. Services, Warranties, and Performance — Contract Controls

Any reference on the Website to warranties, guarantees, workmanship standards, satisfaction, accreditations, response times, completion times, "zero drama" delivery, awards, memberships, or similar statements is general marketing description and is not a warranty, guarantee, or contractual commitment. The only warranties Keentel provides are those expressly stated in a signed Project Contract, subject to their stated terms, durations, conditions, exclusions, notice requirements, and limitations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEENTEL DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, WORKMANLIKE CONSTRUCTION, OR FITNESS FOR HABITATION, EXCEPT AS AND TO THE EXTENT EXPRESSLY PROVIDED IN A SIGNED PROJECT CONTRACT OR AS MAY NOT BE DISCLAIMED UNDER FLORIDA LAW.

Keentel is not responsible for: existing or concealed conditions not disclosed to it; the adequacy, accuracy, or code compliance of designs, plans, specifications, surveys, engineering, or product selections furnished by others; work performed by others or by owner-furnished vendors; owner-furnished materials or equipment; the acts or omissions of the authority having jurisdiction; utility company delays; the accuracy of information supplied by the client; or damage resulting from the client’s failure to perform required maintenance or to give timely written notice of a claimed defect.

15. Emergency, Storm, and Restoration Content

Content relating to emergency response, fire, storm, flood, water, wind, or structural damage, temporary shoring, board-up, tarping, mitigation, or 24/7 troubleshooting is descriptive of Services Keentel may offer and is not emergency guidance, life-safety instruction, or a guarantee of availability, response time, capacity, or outcome. In an emergency, call 911 and your utility provider, and evacuate if instructed by public authorities. Do not rely on the Website for time-critical safety decisions.

Keentel does not adjust insurance claims, does not act as a public adjuster, does not provide insurance coverage opinions, and does not represent that any loss, scope, or cost will be covered, approved, or paid by any insurer. Coverage determinations rest solely with your insurer, and payment obligations to Keentel are not contingent on insurance proceeds unless expressly stated in a signed Project Contract. Consistent with section 489.147, Florida Statutes, Keentel does not offer, and no Content shall be construed as offering, to pay, waive, rebate, absorb, or otherwise decline to charge any insurance deductible.

16. Force Majeure

Keentel shall not be liable for any delay, interruption, non-performance, or failure of the Website or the Services caused directly or indirectly by any event beyond its reasonable control, including acts of God; hurricane, tropical storm, tornado, flood, storm surge, wildfire, earthquake, or sinkhole; severe weather; fire or explosion; epidemic or pandemic; war, terrorism, civil unrest, riot, or vandalism; strike, labor dispute, or labor shortage; cyberattack, ransomware, denial-of-service attack, or data-center, hosting, telecommunications, internet, or utility failure; power outage; shortage, allocation, tariff, embargo, or discontinuation of materials, products, or equipment; transportation or supply-chain disruption; governmental action, moratorium, emergency order, permitting or inspection delay; or the act or omission of any third party.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE KEENTEL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STATUTORY, OR MULTIPLIED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST RENTS, LOST BUSINESS, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, DIMINUTION IN PROPERTY VALUE, DELAY DAMAGES, COST OF COVER OR SUBSTITUTE PERFORMANCE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, ANY SUBMISSION, ANY COMMUNICATION, ANY CONSULTATION, OR THESE TERMS, UNDER ANY THEORY OF LIABILITY — CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, WARRANTY, OR OTHERWISE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE TOTAL AGGREGATE LIABILITY OF THE KEENTEL PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, ANY SUBMISSION, ANY PRE-CONTRACTUAL COMMUNICATION, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO KEENTEL FOR ACCESS TO THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). WHERE A SIGNED PROJECT CONTRACT GOVERNS THE SERVICES AT ISSUE, THE LIMITATIONS OF LIABILITY IN THAT PROJECT CONTRACT CONTROL AS TO THOSE SERVICES.

The parties agree that these limitations are a fundamental and bargained-for basis of the parties’ dealings, allocate risk between them in a commercially reasonable manner, and are reflected in the pricing of Keentel’s Services. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions the liability of the Keentel Parties is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or for personal injury or death caused by negligence to the extent Florida law prohibits its exclusion.

All limitations, disclaimers, and defenses available to Keentel are equally available to and enforceable by the Keentel Parties, each of whom is an intended third-party beneficiary of this Section.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Keentel Parties from and against any and all claims, demands, actions, causes of action, suits, proceedings, investigations, liabilities, judgments, settlements, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’, expert, consultant, and investigative fees and costs at trial, on appeal, and in bankruptcy, mediation, or arbitration) arising out of or relating to:

1. your access to or use of the Website or any Content;
2. your breach or alleged breach of these Terms or of any representation or warranty you make;
3. any Submission you provide, including any claim that it infringes, misappropriates, or violates a third party’s intellectual property, privacy, publicity, or contractual rights;
4. your provision of a telephone number or email address that you were not authorized to provide, or your failure to notify Keentel of a change to a number you provided;
5. your violation of any law, regulation, code, ordinance, or third-party right; or
6. your reliance on Content in lieu of consulting an appropriately licensed professional or the authority having jurisdiction.

Keentel reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and to select counsel of its choosing, in which case you agree to cooperate fully with that defense. You may not settle any matter affecting Keentel without Keentel’s prior written consent. This Section survives termination of these Terms.

19. Notices Regarding Construction Claims

This Section is informational and does not create, expand, extend, or waive any right, notice period, or limitations period. It does not modify any Project Contract.

• Chapter 558, Florida Statutes. Florida law contains important requirements you must follow before you may file a lawsuit or other action for an alleged construction defect. At least sixty (60) days before filing (or one hundred twenty (120) days for an association representing more than twenty parcels), you must deliver to the contractor a written notice of any construction conditions you allege are defective and provide the opportunity to inspect the alleged construction defects and to consider making an offer to repair, to pay for the defects, or both. You are not obligated to accept any offer that is made. There are strict deadlines and procedures under Florida law. Keentel expressly elects to have Chapter 558 apply and does not waive its rights under it.
• Chapter 713, Florida Statutes — Construction Lien Law. According to Florida law, those who work on your property or provide materials, and are not paid in full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. Protect yourself by obtaining lien waivers and by consulting an attorney or the Florida Department of Business and Professional Regulation. The statutory notice required in a direct contract for improvements to residential real property is set out in the applicable Project Contract, not on the Website.
• Limitations and repose. Actions founded on the design, planning, or construction of an improvement to real property are subject to the limitations and repose periods in section 95.11, Florida Statutes, as amended, including a shortened repose period for actions commenced after the 2023 amendments. Deadlines are strict and may bar an otherwise valid claim.
• Florida Homeowners’ Construction Recovery Fund. Payment may be available from the Florida Homeowners’ Construction Recovery Fund if you lose money on a project performed under a contract, where the loss results from specified violations of Florida law by a state-licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at 2601 Blair Stone Road, Tallahassee, FL 32399-2202, or 850-487-1395.
• Regulatory complaints. Construction and electrical contracting in Florida are regulated by the Florida Department of Business and Professional Regulation. Engineering is regulated by the Florida Board of Professional Engineers.

20. Dispute Resolution — Binding Arbitration and Class Action Waiver

READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND KEENTEL TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

20.1 Informal Resolution First

Before initiating any arbitration or proceeding, the party raising the dispute must send a written Notice of Dispute to the other, describing the nature and basis of the claim and the specific relief sought. Notice to Keentel must be sent to KEENTEL LLC, Attn: Legal, 400 North Ashley Drive, Suite 2600, Tampa, FL 33602. The parties shall negotiate in good faith for sixty (60) days after receipt. Compliance with this subsection is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during it.

20.2 Agreement to Arbitrate

Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to the Website, the Content, any Submission, any communication or consultation preceding a Project Contract, or these Terms — including their formation, interpretation, breach, enforcement, scope, arbitrability, or validity — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules where the dispute concerns construction, and otherwise under its Consumer or Commercial Arbitration Rules as applicable. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

The arbitration shall be seated in Hillsborough County, Florida, before a single neutral arbitrator with substantial experience in Florida construction law. The arbitrator shall apply Florida substantive law without regard to its conflict-of-laws principles, shall have no authority to award relief inconsistent with these Terms, and shall issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class Action and Jury Trial Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO ANY CLAIM OR REQUESTED REMEDY, THEN THAT CLAIM OR REMEDY — AND ONLY THAT CLAIM OR REMEDY — SHALL BE SEVERED AND LITIGATED IN COURT, AND ALL OTHER CLAIMS SHALL PROCEED IN ARBITRATION. TO THE EXTENT ANY MATTER PROCEEDS IN COURT, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY.

20.4 Exceptions

Either party may (a) bring an individual action in small claims court within its jurisdictional limits; (b) seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or confidential information; and (c) record, perfect, preserve, foreclose, defend, transfer to bond, or otherwise enforce a construction lien or bond claim under Chapter 713, Florida Statutes, or pursue any related statutory remedy, without waiving the right to arbitrate the underlying dispute. Seeking such relief is not a waiver of this Section.

20.5 Fees, Confidentiality, and Opt-Out

Each party shall bear its own attorneys’ fees and costs unless a statute or the arbitrator’s award provides otherwise; where fee-shifting applies, the prevailing party shall be entitled to recover reasonable attorneys’, expert, and consultant fees and costs, including on appeal. The arbitration, all submissions, and the award shall be kept confidential except as necessary to enforce the award or as required by law.

You may opt out of this Section 20 by sending written notice of your decision to opt out to KEENTEL LLC, Attn: Legal, 400 North Ashley Drive, Suite 2600, Tampa, FL 33602, postmarked within thirty (30) days of the date you first accept these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. Opting out affects no other provision of these Terms, and Keentel will not retaliate for a timely opt-out. If you opt out, Section 22 governs venue and the jury-trial waiver in Section 20.3 remains in effect.

20.6 Survival

This Section survives termination of these Terms and the cessation of your use of the Website.

21. Time Limitation on Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, ANY SUBMISSION, OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. A CLAIM NOT COMMENCED WITHIN THAT PERIOD IS PERMANENTLY BARRED. THIS SECTION DOES NOT SHORTEN ANY LIMITATIONS OR REPOSE PERIOD APPLICABLE TO CLAIMS ARISING UNDER A PROJECT CONTRACT, WHICH ARE GOVERNED BY THAT CONTRACT AND BY FLORIDA LAW.

22. Governing Law and Venue

These Terms and all matters arising out of or relating to them or to the Website are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 20, you irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Hillsborough County, Florida, and the United States District Court for the Middle District of Florida, Tampa Division, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

23. Modifications to These Terms and the Website

Keentel may revise these Terms at any time by posting an updated version with a new "Last Updated" date. Changes are effective upon posting unless stated otherwise. Your continued use of the Website after posting constitutes acceptance of the revised Terms. Material changes to Section 20 apply prospectively only to disputes arising after the change. You are responsible for reviewing these Terms periodically. Keentel may modify, suspend, relocate, or discontinue the Website or any feature, in whole or in part, at any time without notice or liability.

24. Termination and Suspension

Keentel may terminate or suspend your access to the Website at any time, with or without cause and with or without notice, including for any suspected violation of these Terms. Upon termination, the licenses granted to you cease immediately, and Sections 5, 6, 7, 11, 12, 13, 14, 16, 17, 18, 20, 21, 22, and 25 through 30 survive.

25. Copyright Complaints (DMCA)

Keentel respects intellectual property rights. If you believe Content on the Website infringes your copyright, send a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at KEENTEL LLC, Attn: DMCA Agent, 400 North Ashley Drive, Suite 2600, Tampa, FL 33602, or by email to the address in Section 30. Keentel may remove or disable access to allegedly infringing material and may terminate the access of repeat infringers. Misrepresentations in a notice may subject you to liability under 17 U.S.C. § 512(f).

26. Accessibility

Keentel is committed to making the Website usable by as many people as possible and works toward conformance with recognized accessibility guidelines. If you encounter a barrier to access, contact us using the information in Section 30 and describe the page and the difficulty so we can assist you and address it. This statement is a good-faith commitment and is not a warranty, representation, or admission of conformance with any standard, guideline, or law.

27. Assignment

You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without Keentel’s prior written consent, and any attempted assignment without consent is void. Keentel may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

28. Severability, Waiver, and Independent Covenants

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remaining provisions shall continue in full force and effect. No failure or delay by Keentel in exercising any right constitutes a waiver of it, and no waiver is effective unless in a writing signed by an authorized representative of Keentel. A waiver on one occasion is not a waiver on any other.

29. Entire Agreement; Interpretation

These Terms, together with the Privacy Policy and Legal Disclaimer, constitute the entire agreement between you and Keentel regarding the Website and supersede all prior or contemporaneous understandings, communications, proposals, and representations regarding it. Headings are for convenience only. "Including" means "including without limitation." These Terms shall not be construed against Keentel as drafter, and you acknowledge that you have had the opportunity to review them and to consult counsel. The parties intend these Terms to be construed to give the maximum protection to Keentel permitted by applicable law.

Nothing in these Terms creates any third-party beneficiary rights except as expressly stated in Section 17. No agency, partnership, joint venture, or employment relationship is created by these Terms.

30. Contact