Terms and Conditions for Zenith Group NW LLC
Introduction
Zenith Group NW LLC, doing business as Zenith Homes and Pinnacle Construction (collectively, “Zenith,” the “Company,” “we,” “us,” or “our”), operates builtbyzenith.com, pinnaclepnw.com, all subdomains of those websites, and related websites, customer portals, forms, digital tools, and other online services operated by or on behalf of the Company (collectively, the “Online Services”).
These Terms and Conditions (“Terms”) govern your access to and use of the Online Services.
By accessing or using the Online Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Online Services.
These Terms govern use of the Online Services only. They do not replace or modify any separately executed sales agreement, construction contract, change order, financing agreement, purchase agreement, warranty, or other written agreement between you and the Company. If there is a conflict between these Terms and a separately executed agreement relating to a specific transaction or project, the separately executed agreement will control with respect to that transaction or project.
1. Eligibility
You must be at least eighteen (18) years of age to submit transactional inquiries, establish customer portal accounts, enter into transactions, request services, or otherwise engage the Company through the Online Services.
By using any transactional feature of the Online Services, you represent that you are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements.
2. Informational Nature of Website Content
Unless expressly stated otherwise in a separately executed written agreement, all information presented through the Online Services is provided for general informational and marketing purposes only.
Website content does not constitute a binding offer, quotation, estimate, contract, warranty, guarantee, commitment, or representation by the Company. No information displayed through the Online Services creates a contractual obligation unless expressly incorporated into a written agreement executed by an authorized representative of the Company.
3. Pricing, Specifications, Availability, and Errors
Pricing, product availability, home specifications, floorplans, dimensions, features, options, colors, materials, photographs, renderings, site-development costs, financing information, promotions, construction timelines, and other information displayed through the Online Services are subject to change at any time without notice.
The Company makes reasonable efforts to provide accurate and current information but does not warrant that all information is complete, current, accurate, or free from typographical, photographic, technical, pricing, or other errors.
The Company reserves the right to correct errors or omissions, revise information, change specifications, withdraw products or services, modify pricing, and otherwise update the Online Services at any time without prior notice.
4. Manufactured Home Images, Floorplans, and Specifications
Photographs, renderings, floorplans, virtual tours, illustrations, and other depictions of manufactured homes are provided for illustrative purposes only.
Images may depict optional upgrades, furniture, decorations, appliances, landscaping, garages, porches, decks, site improvements, fixtures, finishes, or other items that are not included in a home’s advertised or base price.
Dimensions and square footage are approximate unless otherwise expressly stated. Manufacturers may alter materials, construction methods, specifications, colors, designs, equipment, floorplans, or available options without notice.
The specifications, features, options, and pricing applicable to a particular home will be determined by the applicable sales documents, manufacturer order, approved specifications, and other executed transaction documents.
5. Site Development and Construction Information
Information concerning site development, excavation, grading, foundations, utility connections, septic systems, wells, transportation, installation, permitting, engineering, decks, garages, driveways, drainage, landscaping, or other construction-related work is provided for general informational purposes unless expressly incorporated into a written agreement.
Actual project requirements and costs may vary based upon property conditions, soils, topography, access, utility availability, jurisdictional requirements, engineering, permitting, inspections, material costs, subcontractor pricing, governmental requirements, unforeseen conditions, and other project-specific circumstances.
Preliminary website pricing, calculators, examples, verbal discussions, or general estimates are not binding unless specifically incorporated into a signed agreement, approved change order, or other executed project document.
6. Permits, Inspections, Utilities, and Governmental Requirements
Permits, approvals, inspections, utility connections, code requirements, governmental fees, processing times, zoning determinations, environmental requirements, and other governmental or utility-related matters are controlled by governmental agencies, utilities, inspectors, and other third parties.
The Company cannot guarantee the approval, timing, cost, availability, or outcome of any permit, inspection, utility connection, governmental decision, or third-party approval unless expressly stated in a separately executed written agreement.
7. Financing Information
Any financing information provided through the Online Services, including interest rates, monthly payment examples, payment calculators, down-payment amounts, loan programs, qualification criteria, or similar information, is provided for informational and illustrative purposes only.
Such information does not constitute an offer or extension of credit, a commitment to lend, a guarantee of financing, or a guarantee of any particular interest rate, payment, term, program, or approval.
Actual financing is subject to lender underwriting, credit approval, property qualification, documentation, program eligibility, availability, lender requirements, and other applicable conditions.
Third-party lenders are independent businesses and are solely responsible for their lending decisions, disclosures, interest rates, fees, underwriting standards, loan terms, and regulatory obligations.
8. SMS and Text Messaging
The Company may provide opportunities for you to affirmatively consent to receive SMS, MMS, or other text messages from Zenith Group NW LLC, including communications sent under its Zenith Homes or Pinnacle Construction trade names.
Depending on the consent provided, messages may include conversational communications, appointment information, customer-service communications, project updates, transaction-related messages, informational messages, and promotional or marketing communications.
Consent to receive marketing text messages is not a condition of purchasing any product or service.
Messaging frequency may vary. Message and data rates may apply depending upon your wireless carrier and service plan.
You may revoke your consent and opt out of SMS communications at any time by replying STOP to a message. For assistance, you may reply HELP or contact us using the information provided in these Terms.
Your decision to opt out of marketing SMS communications will not prevent the Company from communicating with you through other lawful means or, where permitted, sending communications that are necessary to administer an existing transaction or customer relationship.
Mobile telephone numbers and SMS opt-in consent will not be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes.
Acceptance of these Terms, standing alone, does not constitute consent to receive marketing text messages. Any required SMS consent will be obtained separately through an affirmative opt-in mechanism.
9. Email and Other Electronic Communications
If you provide an email address or other electronic contact information, the Company may use that information to respond to inquiries, administer customer relationships, provide transaction or project information, deliver requested information, and, where permitted by law or authorized by you, send marketing communications.
You may unsubscribe from promotional email communications using the unsubscribe mechanism contained in the applicable email or by contacting the Company.
You may continue to receive non-promotional communications that are reasonably necessary to administer an existing transaction, contract, project, customer relationship, or legal obligation.
10. Customer Portals and Accounts
Certain Online Services may include authenticated customer portals, including portals powered by MHTrack or other technology providers.
If you create or are provided an account, you are responsible for maintaining the confidentiality and security of your username, password, authentication credentials, and other account information.
You are responsible for activity occurring through your account to the extent permitted by law and agree to promptly notify the Company if you know or suspect that your account or credentials have been accessed or used without authorization.
You agree to provide accurate and current information and to keep account information reasonably updated.
Certain portals, applications, or third-party platforms may be subject to additional terms, notices, or policies presented through those services.
11. User Submissions
The Online Services may allow you to provide information, documents, photographs, property details, messages, reviews, comments, files, plans, specifications, or other materials (“User Submissions”).
You represent and warrant that any User Submission you provide is accurate to the best of your knowledge, lawful, and does not violate the intellectual property, privacy, contractual, or other rights of any third party.
You may not submit material that is fraudulent, deceptive, unlawful, defamatory, threatening, malicious, infringing, harmful, or designed to interfere with the operation or security of the Online Services.
The Company reserves the right to remove, disregard, restrict, or refuse User Submissions that violate these Terms or that the Company reasonably determines are inappropriate, unlawful, fraudulent, or harmful.
12. License to Use User Submissions
By providing a User Submission, you grant the Company a non-exclusive license to store, reproduce, transmit, process, display, and otherwise use that submission to the extent reasonably necessary to respond to your inquiry, provide requested services, administer a transaction or project, operate the Online Services, maintain business records, or fulfill the customer relationship.
This license does not, by itself, authorize the Company to use customer photographs, testimonials, endorsements, or similar materials for public advertising or promotional purposes where separate consent is required. Promotional use may be subject to a separate authorization.
13. Intellectual Property
The Online Services and their contents, including text, graphics, designs, logos, trademarks, trade names, software, layout, videos, photographs, and other materials, are owned by, licensed to, or used with permission by the Company and are protected by applicable intellectual property laws.
Certain manufacturer names, trademarks, logos, floorplans, photographs, product specifications, renderings, and other materials displayed through the Online Services may be owned by their respective manufacturers or other third parties.
No ownership interest or intellectual property right is transferred to you through your use of the Online Services.
You may access and use website content for ordinary personal, noncommercial purposes associated with researching or considering the Company’s products and services.
14. Prohibited Uses
You may not, without prior written authorization:
- Copy, reproduce, republish, distribute, sell, license, or commercially exploit substantial portions of the Online Services or their content;
- Use automated systems, bots, crawlers, scrapers, data-mining tools, or similar technologies to extract or reproduce website content except as permitted by applicable law;
- Reverse engineer, interfere with, disrupt, disable, damage, or circumvent the security or functionality of the Online Services;
- Attempt to gain unauthorized access to accounts, systems, servers, databases, or other restricted areas;
- Use the Online Services to transmit malicious software, fraudulent information, unlawful material, or unsolicited communications;
- Misrepresent your identity, affiliation, authority, or relationship with another person or entity;
- Use Company trademarks, branding, content, floorplans, photographs, or other intellectual property for unauthorized commercial purposes; or
- Use the Online Services in violation of applicable law or these Terms.
15. Third-Party Websites and Services
The Online Services may contain links to or integrations with third-party websites, manufacturers, lenders, financing providers, mapping services, social-media platforms, software providers, utilities, contractors, or other third parties.
The Company does not control and is not responsible for the content, availability, accuracy, security, privacy practices, policies, products, services, or conduct of independent third parties.
Access to a third-party website or service is at your own discretion and may be subject to that third party’s own terms, privacy policies, and contractual requirements.
16. Privacy Policy
Your use of the Online Services is also subject to the Company’s Privacy Policy, which describes how personal information may be collected, used, disclosed, retained, and protected.
The Privacy Policy is incorporated into these Terms by reference. In the event of a conflict concerning the collection, use, or disclosure of personal information, the Privacy Policy will control with respect to those privacy matters.
17. Electronic Records and Signatures
To the extent permitted by applicable law, you consent to conducting transactions and communications electronically where electronic methods are offered.
Electronic acknowledgments, records, notices, signatures, approvals, and agreements may have the same legal effect as their paper counterparts where permitted by law.
Nothing in these Terms requires the Company to accept an electronic signature or electronic record in circumstances where the Company requires an original document, different execution method, notarization, or other formality.
A separately executed agreement may contain additional or different electronic-signature, notice, or documentation requirements, and those requirements will control with respect to that agreement.
18. Suspension or Termination of Access
The Company may suspend, restrict, or terminate access to some or all of the Online Services when reasonably necessary to protect the Company, its customers, its systems, or third parties.
Reasons may include suspected fraud, security concerns, unauthorized account access, unlawful conduct, misuse of the Online Services, violation of these Terms, interference with Company systems, or other legitimate operational or business reasons.
19. Website Availability and Accessibility
The Company seeks to make the Online Services reasonably available and accessible. However, the Company does not guarantee uninterrupted availability, continuous operation, compatibility with every browser, device, operating system, assistive technology, or network, or that every feature will operate without error.
The Online Services may be temporarily unavailable because of maintenance, upgrades, technical problems, third-party outages, cybersecurity events, or circumstances beyond the Company’s reasonable control.
20. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ONLINE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY DISCLAIMS ALL WARRANTIES REGARDING THE ONLINE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, OR RELIABILITY, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
THE COMPANY DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS SECTION RELATES TO THE ONLINE SERVICES AND DOES NOT MODIFY OR DISCLAIM ANY EXPRESS WARRANTY PROVIDED IN A SEPARATELY EXECUTED AGREEMENT OR MANUFACTURER WARRANTY.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENITH GROUP NW LLC, INCLUDING ITS ZENITH HOMES AND PINNACLE CONSTRUCTION TRADE NAMES, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE ONLINE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM SERVICE INTERRUPTIONS, WEBSITE ERRORS, THIRD-PARTY CONTENT, THIRD-PARTY LINKS, LOSS OF DATA, UNAUTHORIZED ACCESS, RELIANCE UPON WEBSITE INFORMATION, OR CHANGES TO WEBSITE CONTENT.
NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
This limitation applies to use of the Online Services and does not supersede liability provisions contained in a separately executed agreement governing a specific transaction, construction project, sale, or service.
22. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Zenith Group NW LLC, including its Zenith Homes and Pinnacle Construction trade names, and its owners, members, managers, officers, employees, agents, and representatives from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:
- Your unlawful or unauthorized use of the Online Services;
- Your material violation of these Terms;
- Your violation of a third party’s intellectual property, privacy, contractual, or other legal rights; or
- User Submissions or other materials you provide through the Online Services.
This provision does not require you to indemnify any person or entity for liability to the extent such indemnification is prohibited by applicable law.
23. Events Beyond Our Reasonable Control
The Company will not be responsible for delay, interruption, or failure relating to the Online Services caused by circumstances beyond its reasonable control, including severe weather, natural disasters, fire, utility failures, telecommunications outages, cybersecurity events, labor disruptions, transportation delays, supply-chain disruptions, manufacturer delays, governmental actions, permitting delays, material shortages, or similar circumstances.
Separate sales or construction agreements may contain more specific provisions regarding project or delivery delays, and those provisions will control with respect to the applicable transaction.
24. Governing Law and Venue
These Terms and any dispute arising from or relating specifically to the Online Services will be governed by the laws of the State of Washington, without regard to conflict-of-law principles, except to the extent federal law applies.
Subject to any mandatory jurisdiction or venue requirements imposed by applicable law or a separately executed agreement, any state-court proceeding arising from these Terms shall be brought in a court of competent jurisdiction in Mason County, Washington.
Any proceeding within federal jurisdiction shall be brought in the United States District Court for the Western District of Washington, to the extent that court has subject-matter and personal jurisdiction.
25. No Waiver
The Company’s failure or delay in exercising or enforcing any right or provision under these Terms does not constitute a waiver of that right or provision.
26. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
27. Entire Agreement and Order of Precedence
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between you and the Company concerning your general use of the Online Services.
These Terms do not replace separately executed transaction or project agreements.
If a separately executed sales agreement, construction agreement, change order, financing agreement, purchase agreement, warranty, portal-specific agreement, or other written contract conflicts with these Terms regarding a specific transaction or project, the separately executed agreement will control with respect to that transaction or project.
28. Changes to These Terms
The Company may modify these Terms from time to time to reflect changes in the Online Services, Company practices, technology, applicable requirements, or other operational, legal, or business considerations.
Unless otherwise stated, revised Terms become effective when posted to the applicable website. The “Last Updated” date at the top of these Terms identifies the date of the most recent revision.
Your continued use of the Online Services after revised Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by applicable law.
We encourage users to review these Terms periodically.
29. Contact Information
Questions concerning these Terms and Conditions may be directed to:
Zenith Group NW LLC
Doing Business As Zenith Homes and Pinnacle Construction
Email: legal@zenithgroupnw.com
Privacy-related requests or questions concerning the handling of personal information should be directed in accordance with our Privacy Policy.