Terms of Service
Last updated: June 13, 2026
These Terms of Service (“Terms”) govern your access to and use of https://www.bayarearealtyandconstruction.com and the content, tools, calculators, and forms on it (the “Site”), operated by Bay Area Realty and Construction Inc. (“BARC,” “we,” “us,” or “our”).
Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site. Section 15 contains a binding arbitration agreement and a class-action waiver that affect how disputes are resolved.
Before you continue
- Site content is general information, not a quote or professional advice (Sections 3–4).
- Your actual project, brokerage, or loan is governed by a separate signed agreement (Section 5).
- This page limits our liability and disclaims warranties for use of the Site (Sections 12–13).
- Disputes are resolved by binding individual arbitration with a class-action waiver — you may opt out within 30 days (Section 15).
1. Acceptance & Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. By accessing or using the Site, you represent that you meet these requirements, that the information you provide is accurate, and that you agree to these Terms and to our Privacy Policy. If you are using the Site on behalf of a business, you represent that you are authorized to bind that business to these Terms.
2. About BARC & the Services
BARC is a Silicon Valley design-build contractor, real-estate brokerage, and financing partner. Through the Site you can learn about our services, use informational tools and calculators, and request estimates or consultations. Construction, brokerage, and financing services are provided under the applicable California licenses identified in our footer and proposals (CSLB #1056408, DRE #02101262, NMLS #2318863).
3. Informational Content Only; No Professional Advice
Cost figures, timelines, ROI and feasibility estimates, calculator outputs, permit information, and similar content reflect typical market conditions at the time of publication and are provided for general information only. They are not offers, quotes, appraisals, or professional, legal, tax, lending, or investment advice for your specific situation. Do not rely on them as a substitute for advice from a qualified professional who has reviewed your circumstances.
4. No Guarantees
Nothing on the Site is a guarantee of project cost, schedule, permit approval, financing approval or terms, property value, appreciation, rental income, or investment results. Actual project pricing requires a written proposal, and real-estate and lending outcomes depend on factors outside our control. Tool and calculator results are estimates only and will differ from your actual results.
5. Estimates, Proposals & Engagements
Estimates, feasibility checks, and consultations create no obligation on either side and do not form a contract for services. Any construction, brokerage, or financing engagement is governed exclusively by a separate written agreement signed by you and BARC, which controls over the Site and these Terms with respect to that engagement.
6. Equal Housing & Fair Practice
We support equal-housing-opportunity principles and comply with applicable fair-housing, equal-credit-opportunity, and consumer-protection laws. Real-estate and mortgage services are subject to those laws and to the terms of the applicable written agreements and disclosures provided to you.
7. Your Responsibilities & Acceptable Use
You agree to provide accurate information and to use the Site lawfully. You will not:
- Use the Site for any unlawful, fraudulent, or harmful purpose;
- Submit false, misleading, infringing, defamatory, or harmful content, or another person's information without authorization;
- Attempt to gain unauthorized access to the Site, its servers, or any systems or networks;
- Interfere with, disrupt, or place an unreasonable load on the Site;
- Scrape, harvest, data-mine, or bulk-collect content or data except as expressly permitted in writing;
- Use the Site to transmit spam, malware, or other harmful code.
We may suspend or terminate your access at any time, with or without notice, for any conduct we reasonably believe violates these Terms or harms the Site, us, or others.
8. Communications Consent
By contacting us or submitting a form, you consent to receive communications from us by phone, text message, and email as described in our Privacy Policy, including the text-message (SMS) terms in Section 6 of that Policy. Consent to receive marketing messages is not a condition of purchase. You can opt out of marketing communications at any time by replying STOP to texts or using the unsubscribe link in our emails.
9. Intellectual Property
The Site and its content — including text, graphics, logos, photographs, layouts, and branding — are owned by BARC or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your personal, non-commercial purposes. You may share links and quote reasonably with attribution. You may not copy, reproduce, republish, scrape, or use our content for competing or commercial purposes without our prior written permission.
10. Third-Party Links & Content
The Site may link to or display third-party websites, tools, and content — for example, city and state agency portals, mapping services, review platforms, and stock imagery. We do not control and are not responsible for third-party content, products, or practices, and a link is not an endorsement. Your use of third-party services is governed by their own terms and policies.
11. Your Submissions
If you submit content to us — messages, project details, photos, reviews, or job applications — you represent that you have the right to do so, and you grant BARC a non-exclusive, royalty-free license to use that content to respond to you and provide our services. For reviews or testimonials you choose to make public, you grant us permission to display and use them in marketing with attribution. Do not submit confidential information that you do not want us to use for these purposes.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT, TOOLS, CALCULATORS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
To the fullest extent permitted by law, BARC disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site will be uninterrupted, timely, secure, accurate, or error-free. This Section applies to your use of the Site only. It does not affect any warranties expressly provided in a separate signed agreement for construction, brokerage, or financing services, or any non-waivable rights you have under applicable law, including the California Contractors State License Law.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BARC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.
Our total aggregate liability for any claim arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in this Section limits liability that cannot be limited under applicable law, or liability arising under a separate signed services agreement.
14. Indemnification
You agree to indemnify, defend, and hold harmless BARC and its owners, officers, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the Site, your violation of these Terms, your submissions, or your violation of any law or the rights of any third party.
15. Dispute Resolution; Binding Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BARC TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first. Before starting an arbitration, you agree to first try to resolve the dispute informally by sending written notice to us at the address in Section 19 that describes the dispute and the relief you seek. We will try in good faith to resolve it for 60 days. Many disputes can be resolved this way.
Agreement to arbitrate. If we cannot resolve a dispute informally, you and BARC agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or our marketing communications — including the validity, scope, or enforceability of this arbitration agreement — will be resolved by binding arbitration rather than in court, except as stated below. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
Arbitration procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single neutral arbitrator. The arbitration will take place in Santa Clara County, California, or, at your election where the rules allow, by video or telephone or based on written submissions. The arbitrator may award the same individual relief that a court could, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
CLASS-ACTION WAIVER. YOU AND BARC 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 MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual-property or confidential-information rights. This arbitration agreement does not apply to employment-related claims by job applicants or employees, which are governed by separate agreements and applicable law.
Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by sending written notice to the contact in Section 19 that states your name and that you opt out of arbitration. Opting out will not affect any other part of these Terms.
Severability of this Section. If the class-action waiver above is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in the courts identified in Section 16, and the remainder of this Section will stay in effect. If the entire arbitration agreement is found unenforceable, any dispute will be resolved in those courts.
16. Governing Law & Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 15 (arbitration), the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.
17. Changes to These Terms
We may update these Terms from time to time by posting a revised version with a new "Last updated" date. Material changes are effective when posted, or on the later date we state. Your continued use of the Site after the changes take effect constitutes your acceptance. If you do not agree to the updated Terms, stop using the Site.
18. Miscellaneous
- Entire agreement — These Terms and our Privacy Policy are the entire agreement between you and BARC regarding the Site and supersede prior understandings about the Site. Separate signed services agreements control as to the services they cover.
- Severability — If any provision is found unenforceable, the remaining provisions stay in effect.
- No waiver — Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment — You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets.
- Force majeure — We are not liable for any delay or failure caused by events beyond our reasonable control.
- Survival — Provisions that by their nature should survive termination (including Sections 9 through 16) survive.
- Headings — Section headings are for convenience only and do not affect interpretation.
19. Contact Us
Questions about these Terms, or notices under Section 15, can be sent to:
Bay Area Realty and Construction Inc.Attn: Legal
Sunnyvale, CA
Email: bayarearealtyandconstruction@gmail.com
Phone: (408) 813-0158