Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at azarestoration.com and any related digital properties operated by AZA Restoration (collectively, the "Services"), and describe the general framework that applies when you request an estimate or engage AZA Builds, LLC d/b/a AZA Restoration ("AZA Restoration," "we," "us," or "our"). Please read these Terms carefully. By accessing the Services or engaging us, you agree to be bound by these Terms.

1. Acceptance and Formation of Agreement

These Terms constitute a legally binding agreement between you and AZA Restoration. If you do not agree, you must not access the Services or engage us. Specific projects are performed under a separate written work authorization, estimate, contract, insurance-directed scope, or comparable document (each, a "Project Agreement"). Where any Project Agreement conflicts with these Terms with respect to the subject matter of that Project Agreement, the Project Agreement controls.

2. Who We Are

The Services are provided by AZA Builds, LLC, a Virginia limited liability company doing business as AZA Restoration, with a place of business at 14100 Sullyfield Circle, Suite 300, Chantilly, Virginia 20151. Contact: (571) 506-6668 · info@azarestoration.com.

3. Description of Services

AZA Restoration is a licensed Virginia Class A contractor providing property-damage assessment, emergency mitigation, water-damage restoration, fire and smoke restoration, mold remediation, storm and wind damage response, contents cleaning and packout, disinfection, and reconstruction services. The specific scope, materials, methods, timing, and price for any project are set forth in the applicable Project Agreement. Photographs, videos, and depictions on the Services are illustrative and do not represent that identical results are guaranteed for any particular project.

4. Response Times and Scheduling

Marketing statements about response times, such as our stated goal of a rapid on-site arrival, describe an operational target under normal conditions and represent our commitment to prioritize property-loss emergencies. Actual response times depend on dispatch conditions, traffic, weather, distance, workload, safety considerations, and other factors outside our control. Nothing on the Services or in these Terms constitutes a guarantee of a specific response time, arrival window, project duration, or completion date unless expressly and separately guaranteed in a signed writing. Scheduled appointments may be rescheduled where reasonably necessary.

5. Eligibility, Authority, and Property Access

You represent and warrant that you are at least eighteen (18) years of age; that you have the legal right, authority, and capacity to enter into these Terms and any Project Agreement; that you are the owner of the property to be serviced or have obtained the informed authorization of the owner and any other party whose consent is required; that all information you provide is true and complete; and that you will provide safe, timely, and adequate access to the property, its utilities, and any relevant records reasonably necessary for us to perform the services.

6. Estimates, Authorizations, and Change Orders

Estimates are based on the conditions observed and information available at the time of preparation and are subject to change if concealed conditions, additional damage, code requirements, or scope revisions are identified. Work will not commence on non-emergency scope until you authorize it in writing, which may include electronic authorization, initials, digital signature, e-mail confirmation, or written acknowledgment. For emergency mitigation to prevent additional damage, you may authorize immediate work verbally or electronically, and we may proceed on that basis. Any change to the scope, pricing, materials, or schedule must be memorialized by a written change order to be effective. Additional or changed work performed at your request will be billed at our then-current rates unless otherwise agreed in writing.

7. Concealed Conditions and Latent Damage

Property-damage projects frequently reveal conditions that were not visible or ascertainable when the estimate was prepared, including microbial growth, prior repairs, code deficiencies, deteriorated substrates, and defects in materials or workmanship of others. We are not responsible for concealed conditions or for the cost, delay, or damage arising from them. When such conditions are discovered, we will notify you and, when reasonably practicable, propose a course of action before continuing work on the affected scope.

8. Payment and Invoicing

• You are responsible for payment of all amounts owed under the applicable Project Agreement, including deductibles, non-covered amounts, overhead and profit, supplements, upgrades, out-of-scope items, and any amounts denied, adjusted, or unpaid by an insurance carrier;
• Unless otherwise agreed in writing, invoices are due upon receipt. Balances not paid when due may accrue a service charge at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, together with reasonable costs of collection and attorneys' fees to the extent permitted by law;
• Deposits and progress payments are earned when received and are used to secure materials, labor, and scheduling for your project;
• Refunds, if any, are governed by the applicable Project Agreement and applicable law;
• Retainage, if any, is governed by the applicable Project Agreement.

9. Insurance Coordination and Assignment of Benefits

Where you request that we assist with an insurance claim, you authorize us to communicate with your carrier, adjuster, program administrator, and third-party administrator about the loss, scope, and payment. Where permitted by law and expressly agreed in writing, you may assign or direct the payment of insurance benefits to AZA Restoration. Any assignment or direction is subject to applicable Virginia law and the terms of your policy. AZA Restoration does not act as a public adjuster, does not represent you in the negotiation of coverage or valuation, and does not provide legal advice regarding your claim. You remain solely responsible for your obligations under your insurance policy and for amounts your carrier does not pay.

10. Materials, Substitution, and Ownership

Materials will be provided as specified in the applicable Project Agreement. Where a specified material is unavailable, back-ordered, discontinued, or subject to abnormal lead time or price change, we may substitute a comparable material of equal or better quality; where practicable, we will notify you before the substitution. Title to materials transfers upon full payment. We reserve all lien and other statutory rights until we have received payment in full.

11. Removal and Disposal

Removal, containment, transport, and disposal of damaged or contaminated materials will be handled in accordance with the applicable Project Agreement and applicable law. Salvage, if any, becomes our property unless expressly retained by you in the Project Agreement.

12. Warranty of Workmanship

We warrant that services will be performed in a good and workmanlike manner consistent with industry standards for comparable work in the geographic area. Unless a different period is specified in a written warranty document, our workmanship warranty extends for a period of one (1) year from substantial completion of the applicable phase of work. The workmanship warranty does not cover: (a) manufacturer defects in materials, which are covered, if at all, by the applicable manufacturer's warranty; (b) damage caused by improper use, neglect, abuse, alteration, or acts of others; (c) damage caused by conditions outside our control, including weather, moisture, movement, settling, code changes, and pre-existing conditions; (d) items excluded in the Project Agreement or written warranty; and (e) normal wear, fading, and shrinkage. A warranty claim must be made in writing during the warranty period and provide us a reasonable opportunity to inspect and, at our option, repair, replace, or refund the affected item. This is our sole warranty. Our warranty obligations do not extend to third parties.

13. Disclaimer of Other Warranties

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN SECTION 12 OR IN A SEPARATE SIGNED WRITTEN WARRANTY DOCUMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, WORK, MATERIALS, AND THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AZA RESTORATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT ANY PARTICULAR OUTCOME, INCLUDING THE APPROVAL OF AN INSURANCE CLAIM OR THE PREVENTION OF FUTURE DAMAGE OR MICROBIAL RECURRENCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AZA RESTORATION OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OR A PROJECT AGREEMENT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AZA RESTORATION AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AFFILIATES, INSURERS, AND LICENSORS (COLLECTIVELY, THE "AZA PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF USE, LOSS OF INCOME, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, DIMINUTION IN VALUE, EMOTIONAL DISTRESS, OR COST OF SUBSTITUTE ACCOMMODATIONS, ARISING OUT OF OR RELATING TO THE SERVICES, THE WEBSITE, ANY PROJECT AGREEMENT, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, EVEN IF THE AZA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, THE AGGREGATE LIABILITY OF THE AZA PARTIES ARISING OUT OF OR RELATING TO A PROJECT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO AZA RESTORATION FOR THE PROJECT GIVING RISE TO THE CLAIM, AND THE AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the AZA Parties from and against any claim, demand, action, cost, damage, loss, penalty, or expense (including reasonable attorneys' fees and expert costs) arising out of or relating to: (a) your breach of these Terms or any Project Agreement; (b) your negligent or wrongful act or omission; (c) your violation of any law or third-party right; (d) any information you provide us that is inaccurate or incomplete; and (e) your representations concerning ownership of, or authority over, the property.

16. Force Majeure

Neither party is liable for delay or failure to perform (other than payment obligations) to the extent caused by conditions beyond that party's reasonable control, including acts of God, severe weather, flood, fire, earthquake, epidemic, pandemic, public-health orders, war, civil unrest, strikes, labor disputes, supply-chain disruption, transportation delay, terrorism, criminal acts of others, cyber attack, and governmental action. Performance is excused for the duration of the event and for a reasonable period after it ends.

17. Rescission and Cancellation

Where the Virginia Home Solicitation Sales Act, the Federal Trade Commission Cooling-Off Rule, or other applicable law provides a right to cancel a sale entered into at a location other than our regular place of business, you may cancel by notifying us in writing within the period specified by law, generally by midnight of the third business day following signing. Cancellation rights, deadlines, and procedures set forth in the applicable Project Agreement or a separately delivered Notice of Cancellation control to the extent they differ. Cancellation rights do not apply to emergency-service work you have expressly requested us to commence before the cancellation period expires. Except as required by law, deposits and amounts owed for services already performed or materials already ordered may be retained or invoiced as permitted by law.

18. Mechanic's Lien and Statutory Rights

AZA Restoration reserves all rights available under applicable Virginia law, including mechanic's lien rights under Title 43 of the Code of Virginia, to secure payment for labor performed and materials furnished. Nothing in these Terms waives any statutory right or remedy.

19. Communications and Electronic Records

You consent to receive communications from us electronically, including by e-mail, text message, and through the Services. Electronic communications, records, and signatures satisfy any legal requirement that such communications, records, or signatures be in writing. Your consent to receive electronic communications applies to all communications relating to your inquiries, projects, invoices, and account, and to the extent separately authorized, marketing communications.

20. Text Message Program

By providing a mobile telephone number and requesting contact, you consent to receive telephone calls and text messages from AZA Restoration relating to your inquiry, appointment, project, and, where separately authorized, marketing content. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to opt out of non-transactional messages. Consent to receive marketing text messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. Additional details are set forth in our Privacy Policy.

21. Reviews, Testimonials, and User Content

You may have the opportunity to submit reviews, testimonials, photographs, or other content in connection with the Services ("User Content"). You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. You grant AZA Restoration a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute, modify, and create derivative works of your User Content in connection with our business, subject to our Privacy Policy. You waive any moral rights in your User Content to the extent permitted by law.

22. Intellectual Property

The Services and all content, features, and functionality on the Services, including text, graphics, logos, images, video, audio, software, layout, and design, are owned by AZA Restoration or its licensors and are protected by copyright, trademark, trade-dress, and other intellectual-property laws. "AZA Restoration" and related marks are the trademarks of the company or its licensors. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, or create derivative works from any content on the Services without our prior written permission, except that you may view and print pages for your personal, non-commercial use.

23. Acceptable Use of the Website

You agree not to (a) use the Services for any unlawful purpose or in a manner that violates these Terms; (b) attempt to gain unauthorized access to any portion of the Services or any related system; (c) upload or transmit malware or engage in scraping, mining, or automated collection of data without our prior written permission; (d) interfere with or disrupt the operation of the Services; (e) impersonate any person or entity; or (f) use the Services in a manner that could damage, disable, overburden, or impair the Services or any related system.

24. Third-Party Links and Products

The Services may link to, or interoperate with, third-party sites, applications, products, and services that we do not own or control. We are not responsible for the content, availability, or practices of any third party. Your dealings with third parties are solely between you and the third party.

25. Termination

We may suspend or terminate your access to the Services at any time and for any reason, with or without notice. Sections that by their nature are intended to survive termination, including Sections 8 through 18, 22, 26, 27, 28, and 30, will survive.

26. Informal Dispute Resolution

Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by written notice describing the nature of the dispute and the relief sought, delivered to the other party's contact of record. The parties will confer for at least thirty (30) days before either party commences a formal proceeding.

27. Binding Individual Arbitration and Class-Action Waiver

Please read this Section carefully. It affects your legal rights. To the fullest extent permitted by law, and except for the matters carved out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Project Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"), shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its rules applicable to the Dispute (including, if applicable, the Consumer Arbitration Rules), and judgment on the award may be entered in any court of competent jurisdiction. The arbitration shall take place in Fairfax County, Virginia, unless the parties agree otherwise in writing or the arbitrator determines otherwise. The arbitrator has authority to grant any remedy available in court, subject to these Terms. Each party bears its own attorneys' fees and costs unless the arbitrator determines otherwise or applicable law provides. The parties waive any right to have Disputes decided by a jury and any right to participate in a class, collective, mass, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If any part of this waiver is found unenforceable, the unenforceable part shall be severed and the balance of this Section shall remain in effect. Carve-outs. Notwithstanding the foregoing, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies, (b) seek injunctive or equitable relief in a court of competent jurisdiction to enforce or protect intellectual-property rights or confidential information, and (c) pursue statutory lien remedies under applicable law. Opt-Out. You may opt out of this arbitration agreement by delivering written notice to AZA Restoration within thirty (30) days after you first agree to these Terms, stating your name, address, and clear intent to opt out.

28. Governing Law and Venue

These Terms and any Project Agreement are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. To the extent a claim is not required to be arbitrated under Section 27, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fairfax County, Virginia.

29. Statute of Limitations

Except where prohibited by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or the shortest period permitted by law, or it is permanently barred.

30. Notices

Notices to AZA Restoration must be in writing and sent to the address listed in Section 2, with a copy by e-mail to info@azarestoration.com. Notices to you may be sent to the address, e-mail, or telephone number you have provided. Notices are effective when received.

31. Assignment

You may not assign these Terms or any Project Agreement without our prior written consent. We may assign our rights and obligations, in whole or in part, without your consent, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

32. Severability, Waiver, and No Third-Party Beneficiaries

If any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect. A failure to enforce any provision is not a waiver of that provision. These Terms do not create any third-party beneficiary rights.

33. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and AZA Restoration regarding the Services and supersede all prior or contemporaneous understandings on that subject.

34. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes may be announced through the Services or another reasonable means. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms.

35. How to Contact Us

AZA Builds, LLC d/b/a AZA Restoration
14100 Sullyfield Circle, Suite 300
Chantilly, Virginia 20151
Phone: (571) 506-6668
Email: info@azarestoration.com