Terms and Conditions

1. Acceptance of Terms

By accessing and using the Kelley Dewatering website (kelleywaterllc.com), you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, please do not use our website. These terms apply to all visitors, users, and others who access or use the website.

2. Website Usage

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable local, state, national, or international laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of the website or its related systems
• Use any automated tools to scrape, crawl, or extract data from the website
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

3. Services Disclaimer

The information on this website is provided for general informational purposes only. While we strive to keep information accurate and current, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics on the website. Any reliance you place on such information is strictly at your own risk. Actual service capabilities, availability, and pricing are subject to site-specific assessment and formal project agreements.

4. Quotes and Estimates

Any quotes, estimates, or pricing information provided through our website, contact forms, or initial consultations are preliminary in nature and subject to change based on site-specific conditions, project scope, and other factors. Preliminary quotes are not binding contracts. Formal project pricing is established through written proposals and signed contracts. We reserve the right to revise estimates based on actual site conditions encountered during project execution.

5. Project Agreements

All dewatering and construction services are provided under separate written project agreements or contracts. These Terms and Conditions govern your use of our website only and do not constitute a service agreement. The terms of any specific project, including scope, pricing, timeline, and liability, are governed by the applicable project contract. In the event of any conflict between these Terms and Conditions and a project contract, the project contract shall control.

6. Intellectual Property

The content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Kelley Dewatering and Construction Company and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except for personal, non-commercial use.

7. User Responsibilities

When submitting information through our website, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You have the authority to submit the information on behalf of any company or organization you represent
• Your use of the website does not violate any applicable laws or regulations
• You will not use information obtained from our website to contact our employees or contractors for unauthorized purposes

8. Limitation of Liability

To the fullest extent permitted by applicable law, Kelley Dewatering and Construction Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the website; any conduct or content of any third party on the website; any content obtained from the website; or unauthorized access, use, or alteration of your transmissions or content. Our total liability to you for any claims arising from your use of the website shall not exceed $100.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kelley Dewatering and Construction Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the website, including but not limited to any use of the website's content other than as expressly authorized in these Terms.

10. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Kelley Dewatering. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit. We do not endorse any third-party websites or their content.

11. Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including if you breach these Terms and Conditions. Upon termination, your right to use the website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Michigan Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of the website shall be brought exclusively in the state or federal courts located in Kent County, Michigan. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

13. Dispute Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at info@kelleywaterllc.com. We will attempt to resolve the dispute informally within 30 days. If the dispute cannot be resolved informally, either party may pursue formal legal remedies as provided in these Terms. For disputes arising from project contracts, the dispute resolution provisions of the applicable project contract shall govern.

14. Contact Information

15. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify users of any material changes by updating the "Last Updated" date at the top of this page. Your continued use of the website after any changes constitutes your acceptance of the new Terms and Conditions. We encourage you to review these Terms periodically.