Terms and Conditions

Last Updated: November 12, 2025 Version: 2.0

⚠️ IMPORTANT PROVISIONS - PLEASE READ CAREFULLY

Before using this Website, please pay special attention to the following provisions that may significantly affect your legal rights:

• Section 9 (Limitation of Liability): Limits our liability for certain types of claims and damages arising from Website use.

• Section 16 (Dispute Resolution): Requires binding arbitration of disputes and waives your right to participate in class actions. You have the right to opt out of arbitration within 30 days (see Section 16.4).

• Section 3.3 (Communication Consent): By submitting contact information, you consent to receive calls and text messages, including through automated systems.

• Section 13 (Modifications to Terms): We may modify these Terms with notice; continued use constitutes acceptance.

These summaries are for convenience only. Please read the full provisions for complete details. If you have questions, contact us at alex@lavacagc.com before using the Website.

Acceptance of Terms
Services
Use of Website
Service Inquiries and Estimates
Payments
Intellectual Property
Third-Party Links and Services
Disclaimers and Warranties
Limitation of Liability
Indemnification
Privacy and Data Collection
New Jersey Consumer Protection Compliance
Modifications to Terms
Modifications to Website and Services
Governing Law and Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Waiver
Contact Information
Acknowledgment

1. Acceptance of Terms

Welcome to lavacagc.com ("Website"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and lavacagc.com ("Company," "we," "us," or "our"), a New Jersey home improvement contractor (NJHIC Registration #13VH13373800), regarding your use of our Website and preliminary inquiries about our services.

1.1 Agreement to Terms - General Website Use

By accessing or using this Website, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to these Terms, you must immediately discontinue use of our Website.

1.2 Affirmative Acceptance for Certain Features

IMPORTANT: Certain features of the Website require your affirmative agreement to these Terms through a clickwrap acceptance mechanism, including:

(a) Submitting contact forms or service inquiries
(b) Making online payments
(c) Creating an account (if applicable)
(d) Requesting estimates or quotes

Your use of such features without accepting these Terms is prohibited.

1.3 Capacity to Contract

By accepting these Terms, you represent and warrant that:

(a) You are at least 18 years of age;
(b) You have the legal capacity to enter into a binding contract;
(c) You are not barred from using the Website under applicable law; and
(d) All information you provide is accurate and truthful.

1.4 Business Context

These Terms govern your use of our Website and preliminary communications only. Actual provision of construction, renovation, or home improvement services requires execution of a separate written service agreement that complies with New Jersey law, as described in Section 4.

2. Services

lavacagc.com is a New Jersey-registered home improvement contractor (NJHIC# 13VH13373800) providing general contracting services, including but not limited to construction, renovation, and home improvement services in accordance with New Jersey law ("Services").

The specific scope of Services for any project will be detailed in separate written service agreements or contracts that comply with the New Jersey Consumer Fraud Act and Home Improvement Practices regulations.

Information about services provided on this Website is for general informational purposes only and does not constitute a binding offer or quote. Actual service terms, pricing, and availability will be confirmed in writing through a formal service agreement.

3. Use of Website

3.1 Eligibility

You must be at least 18 years of age to use this Website or submit requests for Services. By using this Website, you represent and warrant that you meet this age requirement.

3.2 Permitted Use

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Website in any way that violates applicable federal, state, or local laws
Submit false, misleading, or inaccurate information
Attempt to interfere with or disrupt the Website's functionality
Use automated systems or software to extract data from the Website
Transmit any viruses, malware, or other harmful code
Impersonate any person or entity or falsely state or misrepresent your affiliation
Use the Website to solicit business or customers for purposes unrelated to our services
Collect or store personal data about other users without their express consent
Use any robot, spider, scraper, or other automated means to access the Website without our express written permission
Interfere with or circumvent any security features of the Website
Upload or transmit any content that infringes any intellectual property rights of any party
Upload or transmit any unsolicited advertising, promotional materials, or spam
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure

3.3 Contact Forms and Communication Consent

Our Website includes contact forms for service inquiries. By submitting information through these forms, you:

Consent to us contacting you via the provided contact information in accordance with our Privacy Policy
Acknowledge that submitted information will be used in accordance with our Privacy Policy
Represent that all information provided is accurate and truthful

TCPA CONSENT - IMPORTANT:

By submitting your contact information, you EXPRESSLY CONSENT to receive calls and text messages from lavacagc.com (NJHIC# 13VH13373800) at the telephone number(s) you provide, including through the use of:

Automated telephone dialing systems
Prerecorded messages
Artificial voices

These communications may be for marketing and informational purposes related to our general contracting services.

YOU UNDERSTAND THAT:

Consent is not a condition of purchasing any goods or services
Message and data rates may apply
You may receive multiple calls or texts

HOW TO OPT OUT:

You may revoke this consent at any time by:

(a) Replying "STOP" to any text message;
(b) Calling us at (201) 212-4917 and requesting removal;
(c) Emailing us at alex@lavacagc.com with "Opt-Out" in the subject line; or
(d) Using any other reasonable method to communicate your opt-out preference.

OPT-OUT PROCESSING:

We will process opt-out requests within ten (10) business days
Your opt-out from one communication method (call, text, or email) will apply to all communication methods
We will accept any reasonable opt-out method, not just "STOP"

3.4 Consequences of Prohibited Use

Violation of these prohibited use provisions may result in:

(a) Immediate termination of your access to the Website;
(b) Legal action to enjoin such violations;
(c) Liability for damages caused by your violations; and/or
(d) Reporting to law enforcement authorities where appropriate.

4. Service Inquiries and Estimates

4.1 Service Availability and Acceptance

Submission of a service inquiry through our Website does not guarantee that we will provide Services to you. We will review all service requests and notify you within 48 hours whether we can accommodate your project.

We may decline service requests based on:

(a) Scheduling conflicts or capacity constraints;
(b) Project scope outside our areas of expertise;
(c) Geographic location outside our service area;
(d) Inability to obtain required permits or insurance; or
(e) Other legitimate business reasons.

We do not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law.

4.2 Preliminary Estimates

Any cost estimates provided through our Website or during initial consultations are preliminary estimates only and are not binding quotes. Preliminary estimates are based on information provided by you and are subject to change based on:

(a) Detailed site assessment and measurements;
(b) Discovery of unforeseen conditions (structural issues, code violations, etc.);
(c) Changes in material costs or availability;
(d) Modifications to project scope requested by you; or
(e) Additional work required to comply with building codes or permit requirements.

We will provide a detailed written proposal with binding pricing before commencing any work. Any changes to the scope or price after contract execution will require a written change order signed by both parties, as required by New Jersey law.

For any estimate increase exceeding 15% of the preliminary estimate, we will explain the reasons for the increase and provide you the option to modify the project scope or decline to proceed.

4.3 Separate Service Agreements Required

All home improvement services require execution of a separate written service agreement that complies with New Jersey law, including the Consumer Fraud Act and Home Improvement Practices regulations.

4.3.1 Service Agreement Governs

For any actual services provided, the written service agreement will govern all terms specific to that project, including:

Scope of work and specifications
Pricing and payment schedule
Project timeline and milestones
Warranties and guarantees
Change order procedures
Completion and acceptance criteria

4.3.2 Relationship Between Terms and Service Agreement

These Website Terms and Conditions govern your use of our Website and preliminary interactions. The service agreement governs the actual performance of construction services. In the event of any conflict between these Terms and a signed service agreement, the service agreement will control with respect to the services being provided.

4.3.3 Timeline for Service Agreement

After accepting your project, we will provide a written service agreement within 7-10 business days (or as required depending on project complexity). You will have 3 business days to review the agreement. No work will commence until the service agreement is fully executed by both parties, as required by New Jersey law.

5. Payments

5.1 Payment Methods

We accept the following payment methods:

Online: All major credit cards (Visa, Mastercard, American Express, Discover) with a 3.5% processing fee via QuickBooks Payments

Offline: Cash, Zelle transfer, wire transfer, or cashiers check

Payment terms for specific Services, including deposit requirements, progress payments, and final payment schedules, will be detailed in your service agreement and will comply with New Jersey home improvement contractor requirements.

5.2 Online Payments

For online payments processed through our Website:

(a) Payment Processor: All online transactions are processed securely through QuickBooks Payments (Intuit Inc.) in accordance with their terms of service and privacy policy available at https://www.intuit.com/legal/terms/en-us/quickbooks/online/ and https://quickbooks.intuit.com/learn-support/en-us/help-article/banking/privacy-security-quickbooks/L7q2gUqfM_US_en_US.

(b) Information Accuracy: You are responsible for providing accurate payment information. We are not responsible for payment failures due to incorrect information you provide.

(c) Authorization: By providing payment information, you authorize us to charge the agreed-upon amounts to your payment method for services rendered or products purchased.

(d) Taxes: All fees are subject to applicable federal, state, and local taxes. The total amount charged will include all applicable taxes.

(e) Security: We use industry-standard encryption (TLS/SSL) and security measures to protect your payment information. However, we do not store complete credit card information on our servers - all payment data is securely processed by our third-party payment processor.

(f) Price Transparency: Before processing any payment, we will clearly display:

Itemized list of charges
Nature and purpose of each fee
Applicable taxes
3.5% credit card processing fee (for online payments)
Total amount to be charged
Payment method to be used

You will have an opportunity to review and confirm all charges before submitting payment.

(g) Payment Processor Terms: By making an online payment, you agree to QuickBooks Payments' terms and conditions and authorize us to charge your payment method through their platform.

5.3 Payment Disputes

We encourage you to contact us as soon as possible if you have any concerns about a payment or charge. For informal resolution purposes, please notify us of any payment dispute within thirty (30) days of the transaction date by contacting us in writing at:

alex@lavacagc.com or 51 Crestmont Rd, West Orange, NJ 07052

We will work with you to investigate and resolve payment disputes promptly. Nothing in this provision shall limit any legal rights or remedies available to you under New Jersey or federal law, including any applicable statute of limitations. Payment disputes related to specific service projects shall be governed by the dispute resolution provisions in your service agreement and Section 16 of these Terms.

6. Intellectual Property

6.1 Website Content

All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of lavacagc.com or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from any content on this Website without our express written permission.

6.3 Customer Content and Project Documentation

By providing testimonials, reviews, photographs, or other content related to our services ("Customer Content"), you grant us a non-exclusive, royalty-free license to use such Customer Content in our marketing materials, website, and social media, unless you opt-out by notifying us in writing.

For project photography containing images of your property, we will request separate written permission before using such photographs in our marketing materials. You may revoke this permission at any time by providing written notice, and we will remove such images within thirty (30) days.

We will not disclose your identity, address, or personally identifiable information in connection with project photos or testimonials without your express written consent.

7. Third-Party Links and Services

7.1 Third-Party Links

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by lavacagc.com. These links are provided for your convenience only and do not constitute our endorsement of such third-party sites or their content.

7.2 No Responsibility for Third-Party Content

We are not responsible for:

(a) The content, privacy policies, terms of use, or practices of any third-party websites;
(b) Any products, services, or information offered by third parties;
(c) The accuracy, completeness, or reliability of third-party information;
(d) Any damages or losses arising from your use of third-party websites or services.

7.3 Third-Party Service Providers

We may use third-party service providers for website hosting, payment processing, email communications, and other business purposes. Our use of such providers is described in our Privacy Policy. Your interactions with third-party service providers may be subject to their own terms and conditions.

7.4 Your Responsibility

Your use of third-party websites is at your own risk. We encourage you to review the terms and privacy policies of any third-party websites you visit. You are responsible for protecting yourself against viruses, malware, or other harmful elements that may be present on third-party sites.

8. Disclaimers and Warranties

8.1 Website "As Is"

This Website is provided on an "AS IS" and "AS AVAILABLE" basis. EXCEPT AS REQUIRED BY LAW, we make no warranties, express or implied, regarding the Website's operation, availability, or the accuracy, completeness, or reliability of information, content, or materials included on the Website.

TO THE EXTENT PERMITTED BY LAW, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Website and its content.

8.2 No Warranty of Accuracy

While we strive to provide accurate and up-to-date information on our Website, we do not warrant that:

(a) The Website will be uninterrupted, timely, secure, or error-free;
(b) The information provided on the Website is accurate, complete, or current;
(c) Any errors or defects in the Website will be corrected;
(d) The Website or servers are free of viruses or other harmful components.

You are responsible for verifying all information before relying on it for any purpose.

8.3 Services Warranty

Warranties related to the actual construction, renovation, or home improvement Services provided will be detailed in separate written service agreements in accordance with New Jersey law. Nothing in these Website Terms affects any statutory warranties or guarantees that apply to services performed under New Jersey law.

8.4 No Professional Advice

Information on this Website is for general informational purposes only and does not constitute professional advice. You should not rely on Website content as a substitute for professional consultation regarding your specific project needs, building codes, permit requirements, or other matters requiring expert analysis.

8.5 IMPORTANT LIMITATIONS ON DISCLAIMERS

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:

(a) Death or personal injury caused by our negligence or that of our employees or agents;
(b) Fraud or fraudulent misrepresentation;
(c) Gross negligence or willful misconduct;
(d) Violations of the New Jersey Consumer Fraud Act or other consumer protection laws;
(e) Breach of any warranties that cannot be excluded or limited under New Jersey law; or
(f) Any other liability that cannot be excluded or limited under applicable law.

If you are a New Jersey consumer, you have certain legal rights under New Jersey consumer protection laws that cannot be waived by these Terms.

9. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU UNDER CERTAIN CIRCUMSTANCES.

9.1 Scope of Limitations

The limitations in this Section 9 apply to your use of the Website only and do not apply to any services provided under a separate written service agreement, which will contain its own liability provisions.

9.2 Excluded Damages for Website Use

TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, lavacagc.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from your use of the Website, including but not limited to damages arising from:

(a) Your use or inability to use the Website;
(b) Any unauthorized access to or use of our servers or any personal information stored therein;
(c) Any interruption or cessation of transmission to or from the Website;
(d) Any bugs, viruses, trojan horses, or similar harmful code transmitted through the Website by any third party;
(e) Any errors or omissions in Website content; or
(f) Any other matter relating to the Website.

9.3 Liability Cap for Website Use

Subject to Section 9.5 below, our total aggregate liability to you for any and all claims arising from your use of the Website shall not exceed the greater of:

(a) The amount you paid us, if any, in the six (6) months prior to the event giving rise to liability; or
(b) One hundred dollars ($100).

9.4 Basis of the Bargain

You acknowledge that the fees (if any) charged for Website use and the limitations in this Section 9 reflect a reasonable allocation of risk and are a fundamental basis of the bargain between you and lavacagc.com. We would not be able to provide the Website on an economically reasonable basis without these limitations.

9.5 IMPORTANT EXCEPTIONS - Limitations Do Not Apply To:

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 9 DO NOT APPLY TO:

(a) Liability for death or personal injury caused by our negligence or that of our employees or agents;
(b) Liability for fraud or fraudulent misrepresentation;
(c) Liability for gross negligence or willful misconduct;
(d) Liability arising from violations of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.);
(e) Liability arising from violations of the Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.);
(f) Liability for breach of any warranties or representations that cannot be excluded or limited under New Jersey law;
(g) Liability arising under separate written service agreements for actual construction, renovation, or home improvement services; or
(h) Any other liability that cannot be excluded or limited under applicable federal or New Jersey law.

9.6 New Jersey Consumer Rights

If you are a New Jersey consumer, you have certain legal rights under New Jersey consumer protection laws that cannot be waived or limited by these Terms. Nothing in this Section 9 is intended to limit such rights. The limitations in this section apply only to the extent permitted by law.

9.7 Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. If any limitation in this Section 9 is found to be unenforceable, such limitation shall be modified to the minimum extent necessary to make it enforceable while preserving its essential purpose, or if that is not possible, such limitation shall be severed from these Terms and the remaining provisions shall remain in full force and effect.

10. Indemnification

10.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless lavacagc.com, its officers, directors, employees, agents, contractors, affiliates, and licensors (collectively, "Indemnified Parties") from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in any way connected with:

(a) Your access to or use of the Website in violation of these Terms;
(b) Your violation of any applicable law, regulation, or third-party right;
(c) Any information, content, or materials you submit through the Website, including claims that such content infringes or violates any third-party intellectual property rights, privacy rights, or other rights;
(d) Your breach of any representation, warranty, or obligation under these Terms;
(e) Any negligent or wrongful conduct by you in connection with your use of the Website; or
(f) Any dispute between you and any third party arising from your use of the Website.

10.2 Procedure

We will notify you of any claim subject to indemnification, and you will cooperate with us in the defense of such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available defenses.

10.3 Limitations on Your Indemnification Obligations

Your indemnification obligations under this Section 10 shall not apply to the extent that any claim arises from:

(a) Our own negligence, willful misconduct, or breach of these Terms;
(b) Defects in the Website or our failure to maintain the Website's security;
(c) Our violation of applicable laws or regulations; or
(d) Matters for which we are prohibited from seeking indemnification under New Jersey law.

10.4 Survival

The indemnification obligations in this Section 10 shall survive termination of your use of the Website and these Terms.

10.5 Relationship to Liability Limitations

The indemnification obligations in this Section 10 are independent of and not limited by the liability limitations in Section 9. However, nothing in this Section 10 requires you to indemnify us for liabilities arising from our own fraud, gross negligence, or willful misconduct.

11. Privacy and Data Collection

11.1 Privacy Policy

Your use of this Website is governed by our Privacy Policy (available at lavacagc.com/privacy-policy), which is incorporated into these Terms by reference. By using this Website, you consent to our collection and use of your information as described in the Privacy Policy.

11.2 Data Security

We implement reasonable administrative, technical, and physical security measures to protect your personal information. However, no security system is impenetrable, and we cannot guarantee absolute security of your information.

11.3 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you in accordance with applicable New Jersey and federal law, including N.J.S.A. 56:8-163 (NJ data breach notification law).

11.4 Third-Party Service Providers

We may use third-party service providers (such as payment processors, email service providers, and cloud storage providers) who may have access to your personal information. We require these providers to maintain confidentiality and use your information only to provide services to us.

11.5 Do Not Sell My Personal Information

We do not sell your personal information to third parties for monetary consideration.

12. New Jersey Consumer Protection Compliance

12.1 Consumer Fraud Act

We comply with the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and the Home Improvement Practices Regulations. For all home improvement contracts exceeding $500, we will provide a separate written service agreement that includes:

Detailed description of work to be performed and materials to be used
Project start date and completion date
Total price including all finance charges and fees
Terms of any warranties
Certificate of liability insurance
Our NJHIC registration number: 13VH13373800

12.2 Payment Terms for Home Improvement Contracts

For home improvement projects, we will not require payment in full before completion of the work. Payment terms will be clearly specified in your written service agreement and will comply with all New Jersey consumer protection requirements.

12.3 Required Permits

We will obtain all required building permits and inspections as required by law before commencing work on your project. Permit costs will be disclosed in your service agreement.

12.4 Right to Cancel

For home improvement contracts, you may have cancellation rights under New Jersey law and/or the Federal Trade Commission's Cooling-Off Rule. Any applicable cancellation rights will be clearly disclosed in your written service agreement.

12.5 Division of Consumer Affairs Contact

If you have questions about your consumer rights or wish to file a complaint regarding home improvement services, you may contact the New Jersey Division of Consumer Affairs:

New Jersey Division of Consumer Affairs 124 Halsey Street, 7th Floor Newark, NJ 07102 Phone: 1-800-242-5846 (toll-free within NJ) Website: www.njconsumeraffairs.gov

12.6 Insurance and Bonding

As required by New Jersey law, we maintain:

(a) Commercial general liability insurance with minimum coverage of $500,000;
(b) Workers' compensation insurance as required by law; and
(c) Compliance bond, letter of credit, or other security as required by the New Jersey Home Improvement Contractor Registration Act.

A certificate of liability insurance will be provided with any written service agreement for home improvement projects. You may verify our registration status and insurance compliance at www.njconsumeraffairs.gov or by calling 1-800-242-5846.

13. Modifications to Terms

13.1 Right to Modify

We reserve the right to modify these Terms at any time. However, material changes will not apply retroactively to services already contracted for under separate service agreements.

13.2 Notice of Changes

We will notify users of any material changes by:

(a) Posting the updated Terms on this Website with a new "Last Updated" date;
(b) Displaying a prominent notice on the Website homepage for at least thirty (30) days after the change;
(c) For users who have submitted contact information, sending email notice to the email address provided (if we have one on file); and/or
(d) For material changes to arbitration, payment, or liability provisions, requiring affirmative consent through a clickwrap mechanism upon your next login or use of services requiring acceptance.

13.3 Acceptance of Changes

Your continued use of the Website after the thirty (30) day notice period constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Website.

For material changes to dispute resolution, arbitration, or liability provisions, continued use after the notice period will constitute acceptance ONLY if you have received actual notice via email or have affirmatively clicked "I Accept" when presented with the modified terms.

13.4 Non-Material Changes

We may make non-material changes to these Terms (such as correcting typographical errors, updating contact information, or clarifying existing provisions without changing their substance) without providing advance notice. Such changes will be effective immediately upon posting.

14. Modifications to Website and Services

14.1 Right to Modify Website

We reserve the right to modify, update, suspend, or discontinue any features of the Website at any time to improve functionality, ensure security, or comply with legal requirements.

14.2 Notice of Material Changes

For material changes affecting your ability to access your account information, make payments, or use critical features, we will provide reasonable advance notice when feasible by:

(a) Posting notice on the Website homepage; or
(b) Sending email to your registered email address (if applicable).

14.3 Ongoing Services Not Affected

Modifications to Website features will not affect your rights under any signed service agreement for ongoing projects. Such projects will continue to be governed by the terms of the written service agreement.

14.4 Payment Portal Availability

We will make reasonable efforts to maintain payment portal availability for customers with payment obligations. If the online payment portal is temporarily unavailable, we will provide alternative payment methods and will not assess late fees during such unavailability.

14.5 No Liability for Reasonable Modifications

We shall not be liable for temporary unavailability of Website features due to maintenance, updates, or technical issues, provided we act reasonably to restore functionality. This limitation does not apply to our obligations under signed service agreements.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15.2 Exclusive Jurisdiction

Subject to Section 16 (Dispute Resolution) regarding arbitration, any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the federal or state courts located in Essex County, New Jersey.

15.3 Consent to Jurisdiction

By using this Website, you irrevocably consent to the personal jurisdiction of the federal and state courts located in Essex County, New Jersey, and you waive any objection to venue in such courts, including any objection based on inconvenient forum.

15.4 New Jersey Consumer Protection Laws Apply

Without limiting the generality of Section 15.1, you acknowledge that your use of this Website and any services provided by lavacagc.com are subject to New Jersey consumer protection laws, including but not limited to:

(a) New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.);
(b) Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.);
(c) Home Improvement Contractor Registration Act (N.J.S.A. 56:8-136 et seq.); and
(d) Other applicable New Jersey consumer protection statutes and regulations.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at alex@lavacagc.com or (201) 212-4917 to attempt to resolve any dispute informally within thirty (30) days.

16.2 Binding Arbitration Agreement

If informal resolution is unsuccessful, you and lavacagc.com agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration rather than in court, except as provided below.

What is Arbitration?

Arbitration is a form of private dispute resolution in which disputes are submitted to one or more neutral arbitrators for a final and binding decision (an "award"), rather than going to court before a judge or jury.

How Arbitration Differs from Court:

You are giving up the right to have your dispute heard by a judge or jury in court
Arbitration procedures are simpler and more limited than court procedures, including limited discovery and limited appeal rights
The arbitrator's decision is final and binding, with very limited grounds for appeal
Arbitration proceedings are generally confidential

Arbitration Procedures:

Any arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Location: All arbitration hearings shall be conducted in Essex County, New Jersey.

Costs: Each party shall bear their own costs of arbitration unless otherwise awarded by the arbitrator or required by law. If you demonstrate that the costs of arbitration would be prohibitive compared to costs of litigation, we will pay as much of the arbitration fees and costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Exceptions to Arbitration:

Either party may bring a lawsuit in court in the following limited circumstances:

(a) To seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of a party's intellectual property rights;
(b) Claims that qualify for small claims court (as long as they remain in small claims court);
(c) To seek public injunctive relief.

16.3 Class Action Waiver

YOU AND LAVACAGC.COM AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This means:

You agree to bring claims against us only in your individual capacity
You agree not to participate as a plaintiff or class member in any class action or representative proceeding
You may not consolidate your individual arbitration with any other arbitration
The arbitrator may not consolidate more than one person's claims

Severability of Class Action Waiver: If the class action waiver is found to be unenforceable, then the entirety of this arbitration provision (Section 16) shall be null and void, and any dispute shall be resolved in court as provided in Section 15 (Governing Law and Jurisdiction).

16.4 Right to Opt-Out of Arbitration

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT.

To opt out, you must send written notice of your decision to opt-out to:

La Vaca General Contractors LLC 51 Crestmont Rd West Orange, NJ 07052 Attn: Arbitration Opt-Out

Your notice must:

Be sent within thirty (30) days of first accepting these Terms
Include your name, address, and email address
Include a clear statement that you wish to opt out of this arbitration agreement

If you opt out, all other terms of this Agreement will continue to apply, but neither you nor we will be able to require the other to arbitrate disputes. If you do not opt out within 30 days, you will be bound by the arbitration provisions.

16.5 Modifications to Arbitration Provision

Notwithstanding Section 13 (Modifications to Terms), if we make any material changes to this arbitration provision, you may reject the change by sending us written notice within thirty (30) days of the change to 51 Crestmont Rd, West Orange, NJ 07052, in which case your account will be immediately terminated but this arbitration provision, as in effect immediately prior to the changes you rejected, will survive termination and continue to govern disputes between us.

17. Severability

17.1 General Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

17.2 Intent to Preserve Agreement

The parties intend that if any provision is held unenforceable, the court or arbitrator shall modify such provision to the minimum extent necessary to make it enforceable while preserving the parties' original intent, rather than striking the provision entirely.

17.3 Special Severability for Class Action Waiver

Notwithstanding Section 17.1, if the class action waiver in Section 16.3 is found to be unenforceable, then the entirety of Section 16 (Dispute Resolution) shall be null and void, and any disputes shall be resolved in court as provided in Section 15 (Governing Law and Jurisdiction), rather than through arbitration.

17.4 New Jersey Law Controls

The enforceability of any provision shall be determined in accordance with New Jersey law, and any modifications to make provisions enforceable shall comply with New Jersey legal requirements.

18. Entire Agreement

18.1 Complete Agreement for Website Use

These Terms, together with our Privacy Policy (incorporated by reference), constitute the entire agreement between you and lavacagc.com regarding your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

18.2 Separate Service Agreements

For any actual construction, renovation, or home improvement services provided by lavacagc.com, a separate written service agreement will govern the terms of such services. In the event of any conflict between these Website Terms and a signed service agreement, the service agreement shall control with respect to the services being provided, but these Terms shall continue to govern your use of the Website.

18.3 No Oral Modifications

No oral explanation or oral information provided by us or our representatives shall alter the interpretation of these Terms. Any modifications to these Terms must be in writing and executed in accordance with Section 13 (Modifications to Terms).

18.4 Parol Evidence

You acknowledge that you have not relied on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set forth in these Terms or our Privacy Policy.

19. Waiver

19.1 No Waiver by Inaction

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of lavacagc.com.

19.2 No Continuing Waiver

A waiver of any provision of these Terms on one occasion shall not be deemed a waiver of that provision on any subsequent occasion, nor shall it be deemed a waiver of any other provision of these Terms.

19.3 Reservation of Rights

All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies provided by law or equity. The exercise of one right or remedy shall not preclude the exercise of any other right or remedy.

19.4 Required Waivers Must Be Express

No provision of these Terms may be waived except by a written document signed by the party against whom the waiver is to be effective. No course of dealing or course of performance shall constitute a waiver.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms, our Website, or our services, please contact us at:

La Vaca General Contractors LLC New Jersey Home Improvement Contractor Registration #NJHIC 13VH13373800

51 Crestmont Rd West Orange, NJ 07052

Email: alex@lavacagc.com Phone: (201) 212-4917

For New Jersey Consumer Protection Information:

If you have questions about your consumer rights under New Jersey law or wish to verify our contractor registration, you may contact:

New Jersey Division of Consumer Affairs 124 Halsey Street, 7th Floor Newark, NJ 07102 Toll-Free (within NJ): 1-800-242-5846 Website: www.njconsumeraffairs.gov

For Payment Disputes: alex@lavacagc.com or (201) 212-4917 in accordance with Section 5.3

For Arbitration Opt-Out: Mail written notice to address above, Attn: Arbitration Opt-Out (within 30 days)

21. Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT:

(a) You have read these Terms and Conditions in their entirety;
(b) You understand the Terms and agree to be bound by them;
(c) You have had the opportunity to print or save a copy of these Terms for your records;
(d) You understand that certain features of the Website require affirmative clickwrap acceptance of these Terms;
(e) You understand that these Website Terms are separate from any service agreement for actual construction or home improvement services;
(f) You have been informed of your rights under New Jersey consumer protection laws;
(g) You understand the arbitration and class action waiver provisions in Section 16 and their implications, including your right to opt-out within 30 days; and
(h) You consent to electronic communications as described in these Terms.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

Last Updated: November 12, 2025 Version: 2.0 Effective Date: November 12, 2025