Terms & Conditions
1. Acceptance of These Terms
These Terms and Conditions (the "Terms") govern your access to and use of the website located at www.esk.construction, together with any subdomains, pages, forms, portals, and related online services operated by ESK Construction Inc. (collectively, the "Site").
ESK Construction Inc., a California corporation ("ESK," "Company," "we," "us," or "our"), makes the Site available to you subject to these Terms.
By accessing, browsing, or using the Site in any manner, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Site.
If you are accessing the Site on behalf of a company, partnership, agency, institution, or other entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.
2. Definitions
For purposes of these Terms:
"Content" means all text, graphics, images, photographs, renderings, drawings, plans, specifications, video, audio, data, software, page layouts, designs, and other materials appearing on or made available through the Site.
"Services" means the construction and construction-related services ESK offers, which may include design management, project management, preconstruction, permitting and entitlement coordination, general contracting, construction management, tenant improvements, and related commercial, residential, institutional, medical, and public-sector work.
"Service Agreement" means a separate written contract executed between ESK and a client governing the performance of Services on a specific project.
"Submission" means any information, message, file, image, drawing, document, plan, specification, inquiry, application, or other material you transmit to ESK through the Site.
"User" or "you" means any person or entity accessing the Site.
3. The Site Is Informational Only — No Contract Is Formed
3.1 Marketing and general information. The Site is provided for general informational and marketing purposes only. It describes, in general terms, the categories of Services ESK may offer.
3.2 No offer, bid, proposal, quotation, or estimate. Nothing on the Site constitutes an offer, bid, proposal, quotation, estimate, price commitment, availability commitment, schedule commitment, or contractual undertaking of any kind. No pricing, timeline, capacity, scope, or performance representation appearing on the Site is binding on ESK.
3.3 No contract formed through the Site. Your use of the Site, your submission of any inquiry or request through the Site, and any response you receive from ESK through the Site do not create a contract for Services, an attorney-client-style relationship, a fiduciary relationship, a joint venture, a partnership, an agency relationship, or any obligation on ESK to perform work, provide a bid, or engage with you.
3.4 Services are governed exclusively by a Service Agreement. ESK performs Services only pursuant to a separate, written Service Agreement signed by an authorized officer of ESK. No Services will be performed, and no obligation to perform will arise, until such a Service Agreement is fully executed. In the event of any conflict or inconsistency between these Terms and an executed Service Agreement, the Service Agreement controls as to the subject matter of that Service Agreement. These Terms do not amend, supplement, expand, limit, or modify any Service Agreement.
3.5 No authority through the Site. No employee, representative, contractor, or agent of ESK has authority to bind ESK to any obligation regarding Services through the Site, through Site-based messaging, through email originating from a Site inquiry, or through any other electronic communication, absent a fully executed Service Agreement.
4. No Professional, Design, Engineering, Code, Legal, or Financial Advice
4.1 Content on the Site is general in nature and is not professional advice. Nothing on the Site constitutes, and you may not rely on it as, architectural, engineering, structural, geotechnical, environmental, surveying, life-safety, accessibility-compliance, building-code, zoning, land-use, permitting, entitlement, legal, insurance, tax, accounting, financial, medical-facility-compliance, or regulatory advice.
4.2 Building codes, zoning ordinances, permitting requirements, licensing rules, accessibility standards, environmental regulations, healthcare facility requirements, and public-contracting rules vary by jurisdiction and change over time. Any general statement on the Site regarding such matters may be incomplete, outdated, or inapplicable to your circumstances.
4.3 You should not act, or refrain from acting, on the basis of anything appearing on the Site. You must engage qualified, appropriately licensed professionals — including as applicable an architect, engineer, code consultant, attorney, and insurance advisor — to evaluate your specific situation. ESK expressly disclaims any duty of care arising from your reliance on Site Content.
4.4 Where ESK performs design management, project management, or permitting-coordination Services, those Services are defined solely by the applicable Service Agreement and do not constitute the practice of architecture or engineering unless expressly stated therein and performed by an appropriately licensed professional.
5. Licensing, Registration, and Regulatory Disclosures
5.1 ESK holds contractor license number 970997 issued by the California Contractors State License Board (CSLB).
5.2 ESK performs Services only in jurisdictions where it is properly licensed and registered. Descriptions of Services on the Site are not a representation that ESK is licensed, registered, bonded, or qualified to perform any particular scope of work in your jurisdiction.
5.3 Any statement regarding bonding, insurance coverage, certifications, small-business or disadvantaged-business classifications, prequalification status, or similar credentials is provided for general information as of the date posted and is subject to change without notice. Current documentation will be furnished in connection with a specific project upon appropriate request.
5.4 Information about the Contractors State License Board may be obtained from the CSLB at www.cslb.ca.gov, by writing to P.O. Box 26000, Sacramento, CA 95826, or by calling 1-800-321-CSLB (2752). Nothing in these Terms limits, waives, or modifies any right, disclosure, notice, or protection required by California Business and Professions Code Division 3, Chapter 9, or by any other applicable licensing or consumer-protection statute.
6. Project Photographs, Renderings, and Portfolio Content
6.1 Photographs, renderings, visualizations, floor plans, elevations, before-and-after images, case studies, project descriptions, square footages, budgets, durations, and similar materials on the Site are illustrative and representative only.
6.2 Such materials may depict projects performed under varying scopes, site conditions, budgets, jurisdictions, code cycles, and client requirements; may depict work in which ESK's role was limited; may include design intent that was modified or not built; may be digitally enhanced, staged, or styled; and may include work by architects, engineers, designers, subcontractors, suppliers, or others.
6.3 No portfolio material constitutes a representation, warranty, guarantee, or promise as to the results, quality, cost, schedule, appearance, or outcome of any project ESK may perform for you. Every project is unique. Past performance does not predict or guarantee future results.
6.4 Testimonials, reviews, ratings, awards, and client statements reflect the individual experience or opinion of the person or entity providing them, are not necessarily representative, and are not a guarantee that you will experience similar results.
7. Accuracy, Availability, and Changes
7.1 ESK endeavors to keep the Site accurate but does not warrant that any Content is accurate, complete, current, reliable, or error-free. Content may contain typographical errors, inaccuracies, omissions, or outdated information.
7.2 ESK reserves the right, at any time and without notice or liability, to correct, modify, suspend, remove, or discontinue any portion of the Site or any Content; to restrict access to all or part of the Site; and to change the Services it offers.
7.3 ESK does not warrant that the Site will be available, uninterrupted, timely, secure, or free of viruses, malware, or other harmful components.
8. Intellectual Property
8.1 Ownership. All Content on the Site, and the Site itself, including its selection, arrangement, "look and feel," source code, and design, is owned by ESK or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.
8.2 Trademarks. "ESK Construction," "ESK Construction Inc.," the ESK logo, and any related names, marks, slogans, and designs are trademarks or service marks of ESK. Third-party marks appearing on the Site are the property of their respective owners and do not imply affiliation, sponsorship, or endorsement.
8.3 Limited license. ESK grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal, non-commercial informational purposes, or for the internal business purpose of evaluating ESK as a potential service provider. All rights not expressly granted are reserved.
8.4 Restrictions. Except as expressly permitted in writing by ESK, you may not: (a) copy, reproduce, republish, upload, post, transmit, distribute, display, perform, license, sell, or create derivative works from any Content; (b) use any Content in any advertising, marketing, bid, proposal, or competitive submission; (c) frame, mirror, or in-line link the Site; (d) use any robot, spider, scraper, crawler, or automated means to access, extract, index, or harvest the Site or its data; (e) use the Site or Content to train, fine-tune, or develop any machine learning or artificial intelligence model; (f) remove, obscure, or alter any proprietary notice; or (g) reverse engineer, decompile, or attempt to derive the source code of the Site.
8.5 Plans, drawings, and specifications. Any plans, drawings, specifications, renderings, budgets, schedules, estimates, details, means and methods, or other work product prepared or provided by ESK — whether displayed on the Site or delivered in connection with a project inquiry — remain the exclusive property of ESK (or the applicable licensor) and are instruments of service. They are provided for the limited purpose stated, may not be used for construction, bidding, permitting, or any other purpose, and may not be conveyed to any third party, without ESK's prior written consent, except as expressly provided in an executed Service Agreement.
9. Your Submissions
9.1 No confidentiality. Do not transmit confidential, proprietary, trade secret, protected health information, personally sensitive, security-sensitive, or legally privileged material through the Site. Internet transmission is not secure. Except as required by law or by a separately executed written confidentiality or business associate agreement, all Submissions will be treated as non-confidential and non-proprietary, and ESK assumes no obligation of confidentiality with respect to them.
9.2 Medical, government, and security-sensitive information. ESK does not, through the Site, accept protected health information subject to HIPAA, controlled unclassified information, export-controlled technical data, critical infrastructure or security-sensitive facility information, or any material subject to a nondisclosure obligation. Any such material transmitted through the Site is transmitted at your sole risk and without any assumption of duty by ESK. Handling of such information occurs only under a separately executed agreement containing appropriate terms.
9.3 License to ESK. By making a Submission, you grant ESK a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Submission, in whole or in part, in any medium and for any lawful business purpose, without compensation, attribution, or notice to you.
9.4 Your warranties. You represent and warrant that: (a) you own or otherwise control all rights in your Submission; (b) the Submission is accurate and not misleading; (c) the Submission does not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights; (d) the Submission does not violate any law, regulation, or contractual obligation; and (e) the Submission contains no viruses, malware, or harmful code.
9.5 Unsolicited ideas. ESK does not accept unsolicited ideas, concepts, designs, inventions, or business proposals. Any such material submitted is submitted voluntarily and without any expectation of confidentiality, compensation, or consideration, and ESK is free to use it without restriction. This provision is intended to avoid disputes where ESK's work may resemble material independently developed or received from others.
9.6 No obligation to respond. ESK is under no obligation to review, respond to, retain, or act on any Submission, and may delete Submissions at any time.
10. Employment and Vendor Submissions
Employment applications, résumés, subcontractor qualification packages, vendor solicitations, and supplier information submitted through the Site are received for ESK's evaluation only. Submission does not create an employment relationship, an offer of employment, a subcontract, a purchase order, a prequalification, an approved-vendor status, or any obligation to consider, respond, or engage. ESK is an equal opportunity employer. Employment and subcontracting relationships are established only through separately executed written agreements.
11. Electronic Communications and Consent to Contact
11.1 By submitting your contact information through the Site, you consent to receive communications from ESK electronically, including by email, telephone, and — where you have expressly opted in — text message, at the contact information you provide. You agree that electronic communications satisfy any legal requirement that a communication be in writing.
11.2 You represent that any telephone number you provide is a number you own or are authorized to provide, and you agree to notify ESK promptly if that changes.
11.3 Message and data rates may apply to text messages. Message frequency varies. You may opt out of marketing emails using the unsubscribe link in any such email, and out of text messages by replying STOP. Opting out of marketing communications does not stop transactional or project-related communications relating to an active Service Agreement.
11.4 Consent to receive marketing communications is not a condition of purchasing or receiving any Services.
12. Privacy
Your use of the Site is also governed by our Privacy Policy, available at www.esk.construction/privacy-policy, which is incorporated into these Terms by reference.
13. Website Accessibility
ESK is committed to making the Site accessible to the broadest possible audience and works toward conformance with recognized accessibility guidelines. If you encounter a barrier to accessing any portion of the Site, or require Content in an alternative format, please contact us at info@esk.construction or +1 (800) 448-8057, and we will work in good faith to provide the information or transaction you seek through an alternative accessible method.
14. Prohibited Conduct
You agree not to: (a) use the Site for any unlawful, fraudulent, or unauthorized purpose; (b) impersonate any person or entity or misrepresent your affiliation; (c) transmit any virus, worm, malware, or harmful code; (d) attempt to gain unauthorized access to the Site, its servers, or any related systems or networks; (e) probe, scan, or test the vulnerability of the Site or breach any security or authentication measure; (f) interfere with or disrupt the Site or impose an unreasonable load on its infrastructure; (g) collect or harvest personal information of other users; (h) use the Site to transmit unsolicited advertising or solicitations; (i) use the Site for competitive intelligence, benchmarking, or to develop a competing product or service; or (j) encourage or assist any third party in doing any of the foregoing.
15. Third-Party Links, Content, and Services
The Site may contain links to, or embedded content from, third-party websites, platforms, mapping services, review platforms, social media, payment processors, scheduling tools, or project portals. ESK does not control, endorse, or assume responsibility for any third-party site, content, product, service, privacy practice, or transaction. Your access to and dealings with any third party are solely between you and that third party, at your own risk, and subject to that party's terms. ESK is not liable for any loss or damage arising from such dealings.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
ESK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION, AS TO THE SITE AND ALL CONTENT.
ESK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS.
This Section 16 applies to the Site and Content only. It does not disclaim, limit, or modify any warranty expressly provided in an executed Service Agreement, nor any warranty that cannot lawfully be disclaimed. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the fullest extent permitted by law.
17. Limitation of Liability
17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESK, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY — EVEN IF ESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
17.3 Scope. This Section 17 governs liability arising from the Site and these Terms. Liability arising from the performance of Services is governed exclusively by the applicable Service Agreement.
17.4 Carve-outs. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful injury to the person or property of another, or violation of law, whether willful or negligent. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions, the foregoing applies to the fullest extent permitted.
17.5 You acknowledge that the disclaimers and limitations in Sections 16 and 17 are an essential basis of the bargain and that ESK would not provide the Site without them.
18. Indemnification
You agree to defend, indemnify, and hold harmless ESK and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, and licensors from and against any and all claims, demands, actions, proceedings, damages, judgments, awards, fines, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, expert fees, and costs of investigation) arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any law or regulation; (d) your infringement or misappropriation of any third-party right; (e) any Submission you make; or (f) any misrepresentation by you.
ESK reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully. You may not settle any such matter in a manner that imposes any obligation or admission on ESK without ESK's prior written consent.
19. Government, Institutional, and Public-Sector Users
Nothing on the Site constitutes a bid, proposal, offer, certification, representation, or submission in response to any solicitation, invitation for bid, request for proposal, request for qualifications, or public-contracting process. All such submissions are made only through the channels and on the forms prescribed by the applicable public entity. No statement on the Site may be construed as a certification or representation for purposes of any federal, state, or local procurement statute or regulation, including but not limited to the False Claims Act, the Federal Acquisition Regulation, or any state equivalent. Public-sector engagements are governed exclusively by the applicable contract documents.
20. Dispute Resolution
20.1 Governing law. These Terms, and any dispute arising out of or relating to these Terms or the Site, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.2 Informal resolution. Before initiating any formal proceeding, you agree to first contact ESK in writing at info@esk.construction / 10940 Wilshire Blvd., Suite1600, Los Angeles, CA 90024 describing the dispute in reasonable detail, and to engage in good-faith discussions for at least thirty (30) days.
20.3 Binding arbitration. PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. Except as provided in Section 20.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by final and binding arbitration administered by JAMS / the American Arbitration Association under its then-current applicable consumer or commercial rules. The arbitration shall be conducted by a single arbitrator in Los Angeles County, CA, or by videoconference or on the documents at the parties' election. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
20.4 Class action waiver. YOU AND ESK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this class action waiver is found unenforceable as to any claim, that claim shall be severed from arbitration and litigated in court, while all remaining claims proceed in arbitration.
20.5 Jury trial waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ESK EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
20.6 Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to the Site, without first complying with Sections 20.2 through 20.5.
20.7 Venue. For any matter not subject to arbitration, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, CA, and waive any objection based on forum non conveniens.
20.8 Time limitation. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Site must be commenced within one (1) year after the claim accrues, or it is permanently barred.
20.9 Relationship to Service Agreements. This Section 20 governs disputes arising from the Site and these Terms only. Disputes arising from Services are governed by the dispute resolution provisions of the applicable Service Agreement, which control.
21. Copyright Complaints (DMCA)
If you believe Content on the Site infringes your copyright, please send a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent:
Designated Agent: Tony Soliman/ Attorney Soliman Law Group, P.C. 10866 Wilshire Blvd, 4th Floor, Los Angeles, CA 90024 Email: tms@solimanlawgroup.com
ESK will respond to properly submitted notices in accordance with the Digital Millennium Copyright Act and may remove or disable access to allegedly infringing material and terminate access for repeat infringers. Misrepresentations in a DMCA notice may subject you to liability under 17 U.S.C. § 512(f).
22. Termination and Suspension
ESK may, in its sole discretion and without notice or liability, suspend or terminate your access to all or any portion of the Site at any time and for any reason, including for suspected violation of these Terms. Sections 3, 6, 8, 9, 15, 16, 17, 18, 20, 21, and 23 survive any termination.
23. General Provisions
23.1 Changes to these Terms. ESK may revise these Terms at any time by posting an updated version on the Site and revising the "Last Updated" date. Changes are effective upon posting. Your continued use of the Site after posting constitutes acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
23.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.
23.3 No waiver. No failure or delay by ESK in exercising any right constitutes a waiver of that right. No waiver is effective unless in writing and signed by an authorized officer of ESK.
23.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without ESK's prior written consent; any attempted assignment is void. ESK may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.
23.5 No third-party beneficiaries. Except for the indemnified parties identified in Section 18, these Terms create no third-party beneficiary rights.
23.6 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ESK regarding the Site and supersede all prior or contemporaneous understandings regarding the Site. This provision does not affect any executed Service Agreement.
23.7 Force majeure. ESK is not liable for any failure or delay in Site availability resulting from causes beyond its reasonable control, including acts of God, natural disaster, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor dispute, utility or telecommunications failure, cyberattack, or governmental action.
23.8 Relationship. Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and ESK.
23.9 Headings. Section headings are for convenience only and do not affect interpretation.
23.10 Interpretation. These Terms shall not be construed against ESK as drafter.
23.11 Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country or on any list subject to U.S. export restrictions or economic sanctions.
23.12 Language. These Terms are drafted in English. Any translation is for convenience only, and the English version controls.
24. Contact Information
ESK Construction Inc.
10940 Wilshire Blvd., Suite1600, Los Angeles, CA 90024
Email: info@esk.construction
Legal Notices: tms@solimanlawgroup.com
Phone: +1 (800) 448-8057
Contractor License No.: 970997
By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.