PCH Builders Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website operated by Professional Custom Homes Ltd., operating as PCH Builders (“PCH Builders,” “PCH,” “we,” “us,” or “our”) at pchbuilders.ca and any subdomains we operate (collectively, the “Site”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Your continued use of the Site after a change takes effect constitutes acceptance of the updated Terms.

2. Relationship to Purchase Agreements

These Terms govern your use of the Site only. They do not govern any purchase relationship with PCH Builders.

If you purchase a home from PCH Builders, your rights and obligations as a buyer are governed by your signed purchase agreement and applicable Alberta law. In the event of any conflict between these Terms and a signed purchase agreement, the purchase agreement prevails with respect to the purchase relationship.

3. Listings, Pricing, and Availability

The Site displays information about homes built and sold by PCH Builders, including photographs, floorplans, layouts, features, finishes, availability, and pricing.

All listing information is provided for general informational purposes only. Prices, sizes, specifications, floorplans, finishes, features, and availability shown on the Site are approximate and subject to change without notice. Prices exclude GST unless otherwise stated. Floorplans, renderings, and images are representative only; actual finishes, dimensions, and layouts may vary (E.&O.E.). The final and binding terms of any purchase are contained exclusively in the signed purchase agreement between you and PCH Builders.

Specifically, and without limiting the foregoing:

• Advertised prices may not include GST, condominium fees, upgrades, or other charges. Final pricing is presented in the purchase agreement.
• Availability is updated periodically but may not reflect real-time inventory. A home shown as available may have been sold before your inquiry is processed.
• Photographs, renderings, and floorplans are representative of the product type and may not reflect the exact home offered.
• Promotional offers, incentives, or specials are subject to qualifying conditions, signed-agreement execution, and may be withdrawn at any time without notice.

If you identify a discrepancy between Site information and information provided by our sales team or our partner brokerage, the written quote and the signed purchase agreement prevail.

4. Permitted Use of the Site

You may use the Site for lawful personal and non-commercial purposes, including:

• Browsing available homes and project information
• Submitting an inquiry or registering interest in a project
• Contacting our team for legitimate purchase-related purposes
• Reading content about PCH Builders, our projects, and our company

You agree not to:

• Use the Site in any way that violates applicable laws or regulations
• Use automated tools (bots, scrapers, crawlers) to harvest content, contact information, or listing data from the Site without our written permission, except for standard search engine indexing
• Attempt to gain unauthorized access to the Site, any underlying systems, or other users' data
• Interfere with or disrupt the Site, its servers, or networks (including denial-of-service attempts, malware, or excessive request volumes)
• Submit false, misleading, or fraudulent information through any Site form
• Use the Site to harass, abuse, or harm any person, including PCH Builders staff
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Site to send unsolicited commercial messages (spam) to PCH Builders or our staff
• Reverse engineer, decompile, or attempt to extract source code from the Site

We reserve the right to suspend or terminate Site access for any user who violates these Terms.

5. Intellectual Property

All content on the Site, including text, photographs, renderings, floorplans, graphics, logos, video, audio, software, and the overall look and feel, is owned by PCH Builders or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

“PCH Builders,” the PCH Builders logo, and related names and marks are trademarks of Professional Custom Homes Ltd. You may not use them without our prior written permission.

You may view and temporarily download Site content for personal, non-commercial use only. You may not reproduce, modify, distribute, publicly display, publish, or create derivative works from Site content without our prior written permission, except as expressly permitted by these Terms or applicable law (for example, fair-dealing quotation).

6. User-Submitted Information

When you submit information to us through Site forms, email, phone, SMS, or other channels (including inquiries, registrations, reviews, or testimonials), you represent that:

• The information you provide is accurate and complete
• You have the right to provide the information (including any information about third parties)
• Your submission does not violate any law or any third party's rights

By submitting a review, testimonial, or other public-facing content, you grant PCH Builders a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display that content in connection with marketing and communications about PCH Builders. We will not use your name or identifying information beyond what you provide, and we will not publish content you submit privately (such as in an inquiry or purchase document).

Our handling of personal information submitted through the Site is governed by our Privacy Policy.

7. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by PCH Builders, including social media platforms, mapping services, partner businesses, our partner brokerage, and real estate listing platforms.

We are not responsible for the content, privacy practices, terms, or availability of third-party sites. Linking to a third-party site does not constitute endorsement. You access third-party sites at your own risk and subject to their own terms.

8. Disclaimers

The Site is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. To the maximum extent permitted by law, PCH Builders disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Site will be uninterrupted, secure, error-free, or free of viruses or harmful components
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any Site content, including listing information, pricing, and availability

This section concerns the Site only. It does not affect any new home warranty coverage that applies to a home you purchase, which is provided separately and described in your purchase documentation.

You acknowledge that no information obtained from the Site creates any warranty not expressly stated in these Terms.

9. Limitation of Liability

To the maximum extent permitted by applicable law, PCH Builders, its directors, officers, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of (or inability to use) the Site, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability to you arising out of or related to the Site (excluding liability arising under a signed purchase agreement, which is governed separately) will not exceed one hundred Canadian dollars (CAD $100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability for fraud, willful misconduct, or breach of consumer protection legislation).

10. Indemnification

You agree to indemnify and hold harmless PCH Builders and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any law or any third party's rights
• Information you submit to us that is inaccurate, misleading, or fraudulent
• Your misuse of the Site

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-laws principles.

You agree that any dispute arising out of or related to these Terms or your use of the Site will be brought exclusively in the courts located in Calgary, Alberta, and you submit to the personal jurisdiction of those courts.

12. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

13. Entire Agreement

These Terms, together with our Privacy Policy and any signed purchase agreement (which governs the purchase relationship), constitute the entire agreement between you and PCH Builders regarding your use of the Site.

14. Contact

For questions about these Terms: