Terms of Service

Effective Date: January 1, 2026
Legal Entity: Spearhead Builds LLC (“Spearhead Builds,” “we,” “us,” or “our”)
Website: https://www.spearheadbuilds.com

These Terms of Service (“Terms”) govern your access to and use of our website, content, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1) Eligibility & Account

You must be at least 18 years old and able to enter into a binding contract to use the Services. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2) Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations.

  • Interfere with or disrupt the Services or servers.

  • Attempt to gain unauthorized access to any systems.

  • Use the Services to transmit harmful, infringing, or unlawful content.

We may monitor and remove content or suspend access if we reasonably believe these Terms are violated.

3) Intellectual Property

All content, trademarks, logos, and materials provided through the Services are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

4) Quotes, Estimates, and Transactions

Any quotes or estimates provided through the Services are non-binding unless expressly stated in a signed agreement. All transactions are subject to our separate written agreements, invoices, and policies. Availability, pricing, and timelines may change.

5) Communications & Consent (Email, Phone, SMS/MMS)

By providing your contact information (including email address and/or mobile phone number), you consent to receive communications from us, including service-related notifications, transactional messages, updates, and promotional messages, to the extent permitted by law.

  • You may opt out of marketing emails at any time by using the unsubscribe link.

  • For SMS/MMS, see Section 6 (Mobile Messaging Terms—10DLC).

Consent to receive marketing communications is not a condition of purchase.

6) Mobile Messaging Terms — 10DLC Compliance

We offer a mobile messaging program (“Program”) using 10DLC (A2P messaging via local long codes) to deliver service updates, appointment scheduling, reminders, project notices, promotional messages, and other alerts you request or agree to receive.

6.1 Program Description & Enrollment

  • Program Name: Spearhead Builds Alerts

  • Message Types: Appointment reminders, project updates, scheduling notices, promotions, and support messages

  • Opt-In Methods: You may enroll by (i) submitting your mobile number via our website form and checking the consent box; (ii) requesting SMS updates during a call or in writing; or (iii) texting a designated keyword if provided. By enrolling, you affirm that you are the subscriber or customary user of the number provided and you authorize us to send messages to that number.

  • Consent: Your consent to receive marketing messages is not required to make a purchase. Transactional or service messages may still be sent where permitted.

6.2 Message Frequency

  • Frequency: Varies; up to 10 msgs/month. Actual frequency will vary based on your interactions with us (e.g., appointment activity, support requests, or specific alerts you select).

6.3 Opt-Out/Stop Instructions

  • You can opt out at any time by replying STOP. You will receive one final message confirming your opt-out.

  • For help, reply HELP or contact us at info@spearheadbuilds.com or Phone: (716) 750-0078.

6.4 Costs & Carrier Disclosure

  • Message and data rates may apply.

  • Carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier capabilities and network conditions.

6.5 Support & Contact

For support related to the Program, email info@spearheadbuilds.com or call Phone: (716) 750-0078.

6.6 Privacy

We respect your privacy. Information collected through the Program is governed by our Privacy Policy. We do not sell your mobile number, but we may share information with service providers to deliver messages and operate the Program, as permitted by law and our Privacy Policy.

6.7 Eligibility; Device Requirements

You must be 18 or older and the account holder (or customary user) of the mobile number provided. Supported carriers and devices may change without notice.

6.8 Changes to the Program

We may modify or terminate the Program or these Mobile Terms at any time, with notice where required. Your continued enrollment after notice constitutes acceptance of changes.

7) E-Sign Disclosure and Consent

By using the Services, you consent to receive records, notices, and disclosures electronically, including via email or SMS/MMS, and agree that such electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw consent by contacting us at info@spearheadbuilds.com, though we may need to terminate or limit certain Services if electronic delivery is required.

8) Third-Party Services

The Services may link to third-party sites, tools, or platforms. We are not responsible for third-party content, terms, or practices. Your use of third-party services is at your own risk and governed by those third parties’ terms and policies.

9) Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, security, or availability.

10) Limitation of Liability

To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Services or the Program, even if advised of the possibility of such damages. Our total aggregate liability for any claim arising out of these Terms or the Services will not exceed the greater of (a) the amount you paid to us for the Services giving rise to the claim in the 3 months preceding the event, or (b) USD $100.

Some jurisdictions do not allow limitations of liability; some limitations may not apply to you.

11) Indemnification

You agree to defend, indemnify, and hold harmless [Legal Name of Company], its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

12) Changes to These Terms

We may update these Terms from time to time. The “Effective Date” at the top indicates the latest revision. Material changes will be posted on this page, and your continued use of the Services after changes take effect constitutes acceptance.

13) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflicts of law rules.
Arbitration (Optional—Customize as Desired): Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS/AAA in Erie County, NY, on an individual basis (no class actions). Judgment on the award may be entered in any court of competent jurisdiction. You and we both waive the right to a jury trial. If you prefer not to include arbitration, replace this clause with the state and federal courts’ exclusive jurisdiction and venue.

14) Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including suspected violations of these Terms. Upon termination, sections that by their nature should survive (e.g., IP, disclaimers, limitations of liability, indemnification, governing law) will survive.