These Terms of Service (“Terms”) govern your access to and use of the McCracken Projects website and any related services, content, and communications (collectively, the “Services”). By accessing our website or using our Services, you agree to these Terms. If you do not agree, do not use the Services.
1. About McCracken Projects
McCracken Projects (“McCracken Projects,” “we,” “us,” or “our”) is a design-build firm providing professional design and construction services, which may include custom home building, residential design and planning, remodels and renovations, and related construction management and consultation.
2. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent that you have the authority to enter into these Terms.
3. Use of Our Website
You agree to use our website lawfully and not to:
- violate any applicable laws or regulations,
- attempt to gain unauthorized access to our systems,
- interfere with the security or performance of the website,
- copy, scrape, or misuse website content without permission.
We may restrict or terminate access to the website at any time for any reason.
4. Services and Quotes
Any estimates, proposals, or timelines we provide are based on information available at the time and may change depending on scope, site conditions, third-party requirements, or client requests. Final scope, pricing, and deliverables are governed by your signed agreement, proposal, statement of work, or invoice terms (collectively, “Service Agreement”).
Carrier Liability Disclaimer
Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator and may be impacted by your device, coverage, plan, or carrier limitations.
5. Client Responsibilities
To deliver Services effectively, you agree to:
- provide timely access to the property and work areas,
- provide accurate information and approvals when requested,
- respond in a reasonable timeframe to requests that impact scheduling.
Delays in providing information, access, or approvals may impact delivery timelines and results.
6. Payments and Billing
Payment terms are defined in your Service Agreement. Unless otherwise stated:
- invoices are due upon receipt,
- late payments may result in paused work or suspension of services,
- fees are non-refundable once work has been performed.
You are responsible for third-party costs (e.g., permits, impact or utility fees, disposal fees, or specialized equipment and subcontractors such as crane rentals) unless explicitly included in writing.
7. Third-Party Services
Our Services may involve third-party vendors, subcontractors, suppliers, equipment, and platforms (e.g., trade subcontractors, crane operators, material suppliers, disposal facilities, scheduling or payment systems). We are not responsible for outages, policy changes, account restrictions, suspensions, or performance issues caused by third parties.
8. No Guaranteed Results
Construction outcomes can be affected by many factors outside our control (weather, site and soil conditions, existing structures, material availability and pricing, permitting and inspections, and third-party or subcontractor performance, etc.). While we use professional methods and aim to deliver quality workmanship, we do not guarantee specific outcomes (including exact timelines or costs, or that a structure or finish will remain free of future issues) unless expressly stated in writing. Any workmanship or product warranties apply only as described in your Service Agreement or as provided by the applicable manufacturer.
9. Intellectual Property
Unless otherwise agreed in writing:
- McCracken Projects Materials: We retain ownership of our brand, logo, website content, photos, and pre-existing materials.
- Client Materials: You retain ownership of any content, images, or information you provide to us.
- Project Photos: We may photograph completed work for our portfolio, marketing, and website unless you request otherwise in writing.
10. Confidentiality
We may receive confidential information from you, and you may receive confidential information from us. Both parties agree to use reasonable care to protect confidential information and not disclose it to third parties except as necessary to provide the Services or as required by law.
11. Communications (Email & SMS)
If you opt in to receive communications from McCracken Projects, you agree that we may contact you via email, phone, or SMS regarding service updates, support, scheduling, and marketing messages (where permitted).
- Message frequency may vary.
- Message and data rates may apply.
You can cancel SMS messages at any time by texting STOP to (208) 881-4865. After you send STOP, we will send a confirmation message and you will no longer receive SMS messages from us. To rejoin, opt in again as you did originally. For help, reply HELP or contact us at taylor@mccrackenprojects.com or (208) 881-4865. Carriers are not liable for delayed or undelivered messages. For details on how we handle your information, see our Privacy Policy.
12. Disclaimers
The Services and website are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law, McCracken Projects will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Services.
To the maximum extent permitted by law, our total liability for any claim related to the Services will not exceed the amount you paid McCracken Projects for the Services in the three (3) months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless McCracken Projects from any claims, liabilities, damages, and expenses (including attorney fees) arising from:
- your use of the Services,
- content or materials you provide,
- your violation of these Terms or applicable laws.
15. Termination
We may suspend or terminate your access to the website or Services if you violate these Terms or fail to pay amounts owed. Termination terms for paid services are governed by your Service Agreement.
16. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated “Last updated” date. Continued use of the Services after changes means you accept the updated Terms.
17. Governing Law
These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-law principles.
18. Contact
Questions about these Terms? Contact us:
McCracken Projects
Email: taylor@mccrackenprojects.com
Phone: (208) 881-4865
520 W 7th S Apt 206
Rexburg, ID 83440