Terms of Service.

1. Agreement to these Terms

These Website Terms of Service (the “Terms”) govern your access to and use of provenancebuilt.com, including its pages, forms, chatbot, content, and related digital features (collectively, the “Site”). The Site is operated by Provenance Built LLC, a Montana limited liability company (“Provenance,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and acknowledge our Privacy statement. If you do not agree, do not use the Site.

You represent that you are at least 18 years old and have legal capacity to agree to these Terms. If you use the Site on behalf of an entity, you represent that you are authorized to bind that entity with respect to Site use.

2. Website scope; no construction contract

The Site provides general information about Provenance, its approach, services, construction methods, communities served, and project inquiry process. Site content is offered for informational and introductory purposes only.

Your access to the Site, submission of an inquiry, use of the chatbot, telephone call, email, meeting, exchange of plans, discussion of budget or schedule, or receipt of preliminary information does not create a contractor-client relationship, duty to perform services, fiduciary relationship, partnership, joint venture, agency, or binding construction agreement. Provenance is not obligated to accept, price, reserve capacity for, or perform any project unless and until Provenance and the client execute a separate written agreement signed by authorized representatives.

Any project-specific proposal, preconstruction agreement, construction contract, change order, warranty, or other signed project document controls over these Terms with respect to that project. Project scope, pricing, allowances, schedule, payment, insurance, design responsibility, permitting, site conditions, changes, warranties, dispute procedures, and other construction obligations are established only in those signed documents.

3. No offer, estimate, professional advice, or guarantee

Nothing on the Site is an offer to contract or a binding bid, estimate, quote, allowance, schedule, feasibility determination, or guarantee of project acceptance. Any examples, ranges, timelines, descriptions, or process summaries are general and may change based on site conditions, design development, engineering, jurisdictional requirements, material availability, labor, market conditions, client selections, weather, and other project-specific factors.

Unless a separate signed agreement expressly states otherwise, Site content is not architectural, engineering, surveying, geotechnical, legal, tax, financial, real-estate, environmental, or other licensed professional advice. You should obtain advice from appropriately licensed professionals for your project and circumstances.

4. Project inquiries and communications

When you submit a form, use the chatbot, email us, or otherwise provide information, you represent that the information is accurate to the best of your knowledge and that you are authorized to share it. You authorize Provenance to use the supplied contact information to respond to the inquiry and discuss potential services. An inquiry does not guarantee a response, consultation, proposal, availability, or project acceptance.

You may choose to communicate electronically, but you are not required to conduct every future transaction electronically. Routine email and website communications may not be encrypted. Do not submit passwords, financial account information, government identifiers, medical information, export-controlled information, or other highly sensitive data through the Site or chatbot.

5. Plans, project materials, and user submissions

You retain any ownership rights you hold in plans, photographs, drawings, specifications, narratives, or other materials you submit. You grant Provenance a limited, nonexclusive right to receive, store, reproduce, and internally share those materials solely as reasonably necessary to evaluate and respond to your inquiry, operate the Site, comply with law, and protect legal rights. This limited right does not authorize Provenance to construct from, publish, market, or commercially exploit your plans without a separate legal basis or permission.

You represent that you have the right to submit the materials and that our permitted handling of them will not violate another person’s rights. Do not submit confidential design materials unless you are authorized to do so and appropriate confidentiality arrangements are in place. Any confidentiality, ownership, or permitted-use obligations in a separately signed agreement control over this section.

6. Photographs, renderings, descriptions, and project references

Photographs, renderings, diagrams, maps, community descriptions, and other visual or written materials may be illustrative, conceptual, editorial, regional, or representative. They do not promise that a particular design, material, feature, view, amenity, site condition, approval, or construction method will be available or suitable for your project. Community rules, design review standards, association requirements, inventory, fees, amenities, and governmental requirements may change and should be confirmed with the responsible owner, association, authority, or professional.

7. Intellectual property

The Site and its content—including the Provenance name and branding, wordmarks, graphics, layouts, photographs, videos, diagrams, text, page designs, software, and compilation—are owned by Provenance or used with permission and are protected by applicable intellectual-property laws. Subject to these Terms, Provenance grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal or internal business evaluation of Provenance’s services.

You may not copy, reproduce, republish, modify, distribute, sell, license, scrape, frame, mirror, publicly display, create derivative works from, or exploit Site content except with prior written permission or as expressly permitted by law. No license is granted to use Provenance trademarks, trade dress, or branding in a manner that suggests affiliation, sponsorship, or endorsement.

8. Acceptable use

You may not use the Site to violate law or another person’s rights; submit false, misleading, unlawful, infringing, defamatory, malicious, or abusive material; probe or bypass security; interfere with Site operation; introduce malware; impersonate another person; harvest data; use automated extraction at a volume that burdens the Site; reverse engineer Site software except where law prohibits restriction; or use Site content or systems to train, benchmark, or develop a commercial model or competing service without written permission.

We may restrict or terminate access, remove submissions, preserve evidence, or cooperate with lawful requests when we reasonably believe Site security, legal compliance, our rights, or the rights of others require it.

9. Third-party services and links

The Site may use or link to services operated by others, including hosting, analytics, mapping, social-media, chatbot, form-delivery, or content providers. Google Analytics, LeadConnector / HighLevel, Resend, Instagram, LinkedIn, and other providers may process information under their own terms and privacy practices. Provenance does not control third-party sites or services and is not responsible for their content, availability, security, or practices. A link or integration does not constitute endorsement unless expressly stated.

10. Site availability and changes

We may change, suspend, restrict, or discontinue any part of the Site at any time. We do not promise uninterrupted, secure, or error-free operation, that defects will be corrected, or that content will remain current. We may update descriptions, service areas, methods, communities, imagery, and other Site content without notice.

11. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PROVENANCE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

This disclaimer applies only to the Site and does not replace, limit, or amend an express warranty contained in a separately signed project agreement. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVENANCE BUILT LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY; OR DAMAGES ARISING FROM SITE UNAVAILABILITY, THIRD-PARTY SERVICES, OR RELIANCE ON GENERAL SITE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE FOREGOING PARTIES FOR CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

These limitations do not apply to liability that cannot lawfully be excluded or limited, and they do not modify liability or remedies established in a separately signed project agreement.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Provenance Built LLC and its members, managers, employees, agents, consultants, licensors, and service providers from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from your unlawful misuse of the Site, your violation of these Terms, materials you submit without authority, or your infringement of another person’s rights. This obligation does not require indemnification for a party’s own fraud, willful misconduct, gross negligence, or other conduct that cannot lawfully be indemnified.

14. Governing law and venue

These Terms and disputes arising from the Site are governed by the laws of the State of Montana, without regard to conflict-of-laws principles, except to the extent federal law applies. Subject to any nonwaivable law, you and Provenance consent to exclusive jurisdiction and venue in the state courts located in Flathead County, Montana, or the federal courts having jurisdiction in Montana.

15. Changes to these Terms

We may revise these Terms by posting an updated version and changing the effective date. Changes apply prospectively when posted unless a later date is stated. Your continued use of the Site after updated Terms take effect constitutes acceptance of the revised Terms. Material project rights and obligations may be changed only as permitted by the applicable signed project agreement.

16. General provisions

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent; Provenance may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of the Site. Headings are for convenience only.

These Terms and the Privacy statement constitute the entire agreement between you and Provenance concerning use of the Site. They do not supersede any separately signed project agreement, confidentiality agreement, or other written agreement between the parties.