Terms of Use

Last Updated: April 15, 2026

These Terms of Use and Service Agreement (the “Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and JCM Architects PLLC, a New Hampshire professional limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of our website and all related services, including consultations, architectural design services, drawings, plans, specifications, reports, communications, and related materials (collectively, the “Services”).

By accessing our website, submitting an inquiry, engaging our Services, or otherwise interacting with the Company, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Scope and Nature of Services

  1. The Company provides architectural and design-related services, which may include preliminary consultations, feasibility assessments, conceptual design, schematic design, design development, construction documentation, coordination with consultants, and general advisory services relating to building design, planning, and construction. Services may be provided remotely, in person, or through a combination of both, depending on the nature of the engagement.
  • Unless expressly set forth in a separate written agreement executed by the Company, the Services do not include construction services, engineering services, surveying, environmental testing, cost estimating, project management, or construction supervision. Any such services, if required, must be provided by appropriately licensed third parties or under a separately negotiated agreement.
  • Information, drawings, and other deliverables provided through the Services are based on the scope, assumptions, and information available at the time of preparation and are not intended to represent final construction-ready documents unless expressly stated.

2. Professional Services Disclaimer

  1. The Company provides architectural services in accordance with generally accepted professional standards applicable in the State of New Hampshire. However, you acknowledge that architectural services inherently involve professional judgment, interpretation of incomplete information, and coordination with third parties.
  • The Services do not constitute guarantees of project outcomes, code approvals, construction performance, cost accuracy, or regulatory compliance. You remain responsible for engaging appropriate licensed professionals, including engineers, contractors, and inspectors, as necessary for your project.

3. Client Representations and Responsibilities

  1. You represent and warrant that all information you provide to the Company is accurate, complete, and not misleading, and that you have the legal authority to engage the Company with respect to the subject property or project. You acknowledge that the Company is entitled to rely on the accuracy of such information without independent verification.
  • You further agree that you will not rely exclusively on preliminary designs, consultations, or conceptual recommendations for construction, permitting, or financial decisions without obtaining appropriate final documentation and consulting qualified professionals. You are responsible for all decisions relating to construction, contractor selection, budgeting, and project execution.

4. Limitations Inherent in Architectural Services

  1. You acknowledge that architectural services are subject to inherent limitations, including evolving site conditions, regulatory changes, third-party coordination challenges, and construction variables beyond the Company’s control. Not all design considerations, site conditions, or regulatory requirements may be fully identified at early stages of a project.
  • Drawings, renderings, and reports provided by the Company may be conceptual or illustrative in nature and may not reflect all technical, structural, mechanical, or code-related requirements. The Company does not guarantee that all issues, constraints, or risks associated with a project will be identified through the Services.

5. Third-Party Services and Consultants

  1. The Company may recommend or coordinate with third-party consultants, contractors, or service providers, including engineers, surveyors, permitting specialists, and construction professionals. Such third parties are independent entities and are not agents, employees, or representatives of the Company.
  • The Company does not control, supervise, or guarantee the performance, quality, or compliance of any third-party service provider and disclaims all liability arising from their acts or omissions. Any engagement of third parties is at your sole discretion and risk.

6. Intellectual Property and Use of Deliverables

  1. All drawings, plans, specifications, renderings, reports, methodologies, templates, and other materials provided by the Company (collectively, “Company Content”) are and shall remain the exclusive intellectual property of the Company, except for third-party materials incorporated therein.
  • Subject to full payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use the deliverables solely for the specific project for which they were prepared. You may not reuse, reproduce, distribute, modify, or adapt such materials for other projects or purposes without the Company’s prior written consent.
  • No third party may rely on Company Content without the Company’s express written authorization. Unauthorized use or reliance is strictly prohibited and at the sole risk of the user.

7. Disclaimer of Warranties

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
  • THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  • THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL RESULT IN APPROVED PERMITS, SUCCESSFUL CONSTRUCTION, COST SAVINGS, OR ANY PARTICULAR PROJECT OUTCOME.

8. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DELAYS, COST OVERRUNS, CONSTRUCTION DEFECTS, PROPERTY DAMAGE, LOSS OF USE, LOSS OF PROFITS, OR DIMINUTION IN PROPERTY VALUE.
  • THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
  • YOU ACKNOWLEDGE THAT THIS LIMITATION IS A MATERIAL BASIS OF THE AGREEMENT AND REFLECTS A REASONABLE ALLOCATION OF RISK.

9. Assumption of Risk

You acknowledge that construction and design projects inherently involve risks, including design changes, cost fluctuations, delays, and unforeseen site conditions. By engaging the Services and proceeding with any project, you voluntarily assume all risks associated with such activities.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, employees, contractors, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your project, your engagement of third parties, your misuse of Company Content, or your breach of these Terms.

11. Fees, Payments, and Engagement Terms

  1. Fees for Services shall be as set forth in a separate proposal, agreement, or booking confirmation. Payment terms, including deposits, milestone payments, and invoicing, will be specified in such documents.
  • The Company reserves the right to suspend or terminate Services for nonpayment. Unless otherwise stated, fees are non-refundable once Services have been performed.

12. No Continuing Duty

Unless expressly agreed in writing, the Company has no continuing obligation to update, revise, or supplement any deliverables following completion of the Services. Changes in conditions, laws, or project scope may require additional services under a separate agreement.

13. Electronic Communications

You consent to receive communications electronically, including agreements, notices, deliverables, and invoices. Such communications shall have the same legal effect as written communications.

14. Privacy

Your use of the Services is subject to the Company’s Privacy Policy. By using the Services, you consent to the collection and use of information as described therein.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within Strafford County, New Hampshire, and you consent to the jurisdiction of such courts.

16. Class Action Waiver

To the fullest extent permitted by law, you agree that any claims shall be brought solely in your individual capacity and not as part of any class or representative action.

17. Force Majeure

The Company shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, governmental actions, supply chain disruptions, or failures of utilities or communications systems.

18. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Updated Terms will be posted with a revised effective date. Continued use of the Services constitutes acceptance of the modified Terms.

19. Severability and Waiver

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver.

20. Entire Agreement

These Terms, together with any separate written agreement between you and the Company, constitute the entire agreement regarding the Services and supersede all prior agreements or understandings.

21. Contact Information

If you have any questions, requests, or concerns regarding this Privacy Policy or our data practices, you may contact us at:

JCM Architects PLLC

38 Uncommon Drive

Dover, NH 03820 Email: jcmarchitects@gmail.com

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