Agreement to Our Legal Terms

We are Ballpark Engineering, LLC ("Company," "we," "us," "our"), a company registered in Utah, United States at 6062 N Latigo Ln, Morgan, UT 84050.

We operate the website www.ballparkengineering.net (the "Site"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").

You can contact us by phone at (+1) 801-503-0833, by email at [email protected], or by mail at the address above.

These Legal Terms constitute a legally binding agreement between you and Ballpark Engineering, LLC. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you about any changes by updating the "Last updated" date. The Services are intended for users who are at least 18 years old.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or would subject us to any registration requirement. The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA.

2. Intellectual Property Rights

Our Intellectual Property

We own or are licensed to use all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the "Content" and "Marks"). These are protected by copyright and trademark laws in the United States and worldwide.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print Content solely for personal, non-commercial use. No Content or Marks may be used for commercial purposes without our express prior written permission.

Your Submissions

By sending us any question, comment, suggestion, idea, or feedback ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You confirm that your Submissions are original, do not violate third-party rights, and are not confidential.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use will not violate any applicable law or regulation.

4. Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, PayPal, and Bitcoin.

You agree to provide current, complete, and accurate purchase information. We may change prices at any time. All payments shall be in US dollars. We reserve the right to refuse any order or limit quantities at our sole discretion.

5. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. The length of your billing cycle is monthly.

Cancellation

You can cancel your subscription at any time by contacting us. Your cancellation will take effect at the end of the current paid term.

Fee Changes

We may make changes to the subscription fee and will communicate any price changes in accordance with applicable law.

6. Refund Policy

Site visit deposits are partially refundable per our Booking & Cancellation policy (Section 32). All other service fees are non-refundable once work has commenced. Please review Section 32 for complete deposit and cancellation terms.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

• Systematically retrieve data or content to create a collection or database without written permission.
• Trick, defraud, or mislead us or other users.
• Circumvent, disable, or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Engage in any automated use of the system, including scripts or data-mining tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person.
• Use the Services to advertise or offer to sell goods and services without authorization.
• Sell or otherwise transfer your profile.
• All deliverables remain the intellectual property of Ballpark Engineering until fully paid. Unauthorized reuse or redistribution is not permitted.

8. User Generated Contributions

The Services do not offer users the ability to submit or post content by default. Where we provide the opportunity to create or submit content ("Contributions"), you represent and warrant that your Contributions: do not infringe proprietary rights of any third party; are accurate and not misleading; comply with all applicable laws; and are not obscene, harassing, or otherwise objectionable.

9. Contribution License

By submitting suggestions or feedback, you agree that we can use and share such feedback for any purpose without compensation to you. You retain full ownership of all your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions.

10. Services Management

We reserve the right to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against violators; (3) restrict access to or disable any Contributions at our sole discretion; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at ballparkengineering.net/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

12. Term and Termination

THESE LEGAL TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering a new account. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times. We will not be liable for any loss, damage, or inconvenience caused by your inability to access the Services during any downtime or discontinuance.

14. Governing Law

These Legal Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

15. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If informal negotiations fail, the Dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in Utah. Any award may be challenged if the arbitrator fails to follow applicable law.

Restrictions

All arbitration shall be limited to the Dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right for any Dispute to be arbitrated on a class-action basis.

Exceptions

The following Disputes are not subject to arbitration: disputes seeking to enforce intellectual property rights; disputes related to theft, piracy, or invasion of privacy; and claims for injunctive relief.

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to update information on the Services at any time, without prior notice.

17. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT.

18. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any harmful act toward any other user of the Services.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing performance of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit. We shall have no liability to you for any loss or corruption of any such data.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

22. SMS Text Messaging

Program Description

By opting into any GHL text messaging program, you expressly consent to receive text messages (SMS) to your mobile number, which may include account alerts, appointment reminders, order updates, and responses to inquiries.

Message Frequency

Message frequency may vary.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive a confirmation SMS.

Message and Data Rates

Message and data rates may apply, as determined by your carrier and mobile plan.

Support

For questions regarding SMS communications, email us at [email protected] or call (+1) 801-503-0833.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, it is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

25. Scope of Work

We provide engineering services as outlined in your proposal or service request, adhering to applicable codes and industry best practices. The scope of each engagement is defined at the time of booking or project kickoff and documented in writing.

26. Fees & Payments

Project Billing: 50% deposit at kickoff, 50% due before stamped deliverables are released.

Late Payments: A $25 fee plus 1.5% interest per month applies after 30 days past due.

Payment Methods Accepted: Cash, credit/debit card, bank transfer, check, Bitcoin (10% discount applied), and Utah Goldbacks.

27. Ownership of Work

All deliverables remain the intellectual property of Ballpark Engineering, LLC until fully paid. Clients receive limited usage rights upon full payment. Unauthorized reuse or redistribution is not permitted.

28. Timeline & Scheduling

Project timelines depend on current workload, permit review timelines, and timely client input. We communicate any changes promptly. Delays caused by incomplete client-provided information or lack of site access may affect delivery dates and could require rescheduling fees.

29. Cancellation & No-Show Policy

No-shows and same-day cancellations forfeit the full $300 deposit. If site access is denied, restricted, or the project is canceled upon arrival without prior written notice, the visit is treated as a no-show.

Ballpark Engineering reserves the right to restrict future bookings for clients with repeated cancellations or no-shows. We reserve the right to bill the full site visit fee of up to $300 to cover travel, scheduling, and committed staff time.

30. Client Responsibility

Clients must provide architectural drawings, geotechnical reports, site access, and timely feedback to avoid project delays or rescheduling. Failure to provide required information may affect project timelines and delivery commitments.

31. Scope Changes

Changes made after the Kickoff Meeting may require a change order and can affect the project timeline and total cost. All scope changes will be documented in writing and require client approval before work proceeds.

32. Booking & Cancellation

Site visits require a $300 deposit to reserve your time with a licensed engineer. Here's exactly how it works:

Questions about your booking? Call us at (+1) 801-503-0833 or reply to any of our emails — we'll take care of you.

33. Contact Us

To resolve a complaint or receive further information regarding the Services, please contact us at: