Terms of Use

1. Acceptance of These Terms

These Terms of Use govern access to and use of the website located at www.yellowpencil.co and any related pages, forms, galleries, quote-request tools, or online services we make available through that website (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Who We Are

For the purposes of these Terms, “Yellow Pencil”, “we”, “us”, or “our” refers to Yellow Pencil Inc., as the operator of the Site and provider of renovation, cabinetry, millwork, interior improvement, and related services.

The contact details for the Site are as follows:

• Business name: Yellow Pencil Inc.
• Address: Unit 14, 333 Denison Street, Markham, Ontario L3R 2Z4
• Email: [email protected]
• Phone: (416) 859-8089

3. Eligibility and Permitted Use

You may use the Site only for lawful purposes and only in a manner consistent with these Terms. You may browse the Site, review service descriptions, request information, submit project inquiries, request a quotation or consultation, and communicate with us regarding potential or ongoing work.

You may not:

• use the Site in any unlawful, fraudulent, abusive, or misleading manner;
• interfere with, damage, disable, or overburden the Site or any related system;
• attempt to gain unauthorized access to accounts, systems, data, or networks;
• scrape, copy, harvest, or mine content or contact details from the Site using bots or automated tools without our written consent;
• upload malware, malicious code, or harmful files;
• submit false project information, impersonate another person, or misrepresent your authority to act for a property owner, tenant, condominium corporation, or business;
• use the Site to infringe intellectual property, privacy, publicity, or other legal rights.

4. Informational Content Only; No Project Contract Formed Online

The Site is provided for general informational and marketing purposes. Content on the Site may include descriptions of services, project examples, photographs, conceptual information, rough budgets, estimated timelines, design ideas, or general construction commentary. That content is not a binding offer and does not create a construction contract, supply agreement, work order, design retainer, or other legally binding project commitment.

No project will be accepted unless and until we separately agree in writing. Any actual project terms, scope, pricing, exclusions, change-order process, schedule, payment milestones, warranty terms, or permit responsibilities will be governed by the final written quotation, work order, invoice, service agreement, or other project-specific contract signed or otherwise accepted by the parties.

5. Quotes, Consultations, and Preliminary Estimates

If the Site allows you to request a quotation, consultation, estimate, or site visit, you agree to provide accurate and reasonably complete information. Any response we provide through the Site, by email, by phone, or otherwise before a final written contract is executed is preliminary only.

Any preliminary budget, range, allowance, or timing discussed through the Site may change based on actual site conditions, measurements, hidden conditions, building rules, permit requirements, utility conditions, chosen materials, product lead times, subcontractor availability, delivery constraints, and changes requested by the customer.

Unless expressly stated in a signed project agreement, the Site does not promise:

• that a project can be completed for a stated amount or within a stated time;
• that any particular product, finish, hardware, appliance, or material will remain available;
• that permit approval or condominium approval will be obtained;
• that work may proceed without further drawings, site investigation, engineering, trade coordination, or customer approvals.

6. User Submissions and Uploaded Materials

The Site may allow you to submit inquiries, floor plans, dimensions, photographs, videos, measurements, inspiration images, schedules, specifications, or other project materials (“Submitted Materials”). You retain your ownership rights in your Submitted Materials. However, by sending them to us, you grant us a non-exclusive, royalty-free, revocable, worldwide licence to use, store, reproduce, review, adapt, and share those Submitted Materials internally and with service providers solely to evaluate your inquiry, communicate with you, prepare a quotation, provide services, maintain business records, and otherwise operate our business.

You represent and warrant that:

• you own the Submitted Materials or have the right to provide them to us;
• the Submitted Materials do not infringe another party’s copyright, privacy, confidentiality, trademark, or other rights;
• the Submitted Materials do not contain malicious code or unlawful content;
• if you provide information about a property, you are authorized to do so by the owner, tenant, occupier, or authorized representative, as applicable.

We are not responsible for verifying the accuracy of Submitted Materials. We may rely on them until we carry out our own review, site visit, measurement, or other verification.

7. Intellectual Property

The Site, including its design, layout, text, graphics, logos, branding, photographs, videos, renderings, project examples, documents, downloadable materials, source code, and overall look and feel, is owned by us or our licensors and is protected by copyright, trademark, and other applicable laws.

Except for personal, non-commercial viewing or as otherwise expressly permitted by law, you may not copy, reproduce, distribute, publish, modify, display, create derivative works from, or commercially exploit Site content without our prior written consent.

8. Third-Party Products, References, and Links

The Site may refer to third-party products, suppliers, brands, appliances, materials, or websites. Those references are for convenience or illustration only. We do not control and are not responsible for third-party content, websites, products, or services, and a reference on the Site does not necessarily mean we endorse them.

Selections shown on the Site may change without notice. Final product specifications, compatibility, and availability must be confirmed during the actual project process.

9. No Professional Advice

Nothing on the Site constitutes engineering advice, architectural advice, legal advice, permit advice, tax advice, or any other regulated professional advice. Construction, renovation, cabinetry, millwork, plumbing, gas, electrical, structural, life-safety, accessibility, condominium, and permit requirements vary by property and jurisdiction. You should obtain project-specific professional advice where required.

To the extent the Site includes design ideas, renovation tips, conceptual layouts, or product suggestions, they are illustrative only and may not be suitable for your property or intended use.

10. Site Availability and Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, accuracy, availability, compatibility, non-infringement, and freedom from viruses or harmful components.

We do not warrant that the Site will be uninterrupted, secure, timely, error-free, or suitable for your intended use, or that defects will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, Yellow Pencil and its directors, officers, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, opportunity, goodwill, data, or business interruption, arising out of or related to your use of or inability to use the Site.

Without limiting the foregoing, we are not liable for loss or damage arising from reliance on Site content, reliance on preliminary estimates, unauthorized access to transmissions, third-party websites, or temporary unavailability of the Site.

Nothing in these Terms excludes any liability that cannot lawfully be excluded under applicable law.

12. Indemnity

You agree to indemnify and hold harmless Yellow Pencil and its directors, officers, employees, contractors, affiliates, and service providers from and against any claims, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms, your Submitted Materials, your misuse of the Site, or your violation of any law or third-party rights.

13. Suspension or Termination

We may restrict, suspend, or terminate your access to all or part of the Site at any time, with or without notice, if we believe you have violated these Terms, created risk or potential legal exposure, or used the Site in a manner that is harmful to us, other users, or third parties.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising from or relating to the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any mandatory rights you may have under applicable consumer protection law, you irrevocably attorn to the exclusive jurisdiction of the courts located in Ontario, Canada.

15. Changes to These Terms

We may update these Terms from time to time by posting the revised version on the Site and updating the effective date above. Your continued use of the Site after a revised version becomes effective constitutes acceptance of the revised Terms.

16. Contact Us

Questions regarding these Terms may be directed to:

• Yellow Pencil Inc.
• Email: [email protected]
• Phone: (416) 859-8089
• Address: Unit 14, 333 Denison Street, Markham, Ontario L3R 2Z4