Website Terms of Use

McArthur Enterprises LLC

DBA Upstate Asphalt & Sealcoating, Upstate Duct Cleaning

Website: upstatehomeservice.com

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1. Acceptance of Terms

These Website Terms of Use (“Terms”) govern your access to and use of upstatehomeservice.com (the “Site”), operated by McArthur Enterprises LLC (“we,” “us,” “our”). By accessing the Site, submitting a form, or opting in to any of our communications, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site

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2. About Us

McArthur Enterprises LLC is a home services company based in Saratoga Springs, New York, operating two brands: Upstate Asphalt & Sealcoating and Upstate Duct Cleaning. The Site provides information about our services, allows you to request quotes, and supports customer communication.

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3. Use of the Site

You agree to use the Site only for lawful purposes. You will not:

• Use the Site in any way that violates applicable law or regulation

• Attempt to gain unauthorized access to any part of the Site or its systems

• Interfere with or disrupt the Site, its servers, or networks

• Use automated means to scrape, copy, or collect content from the Site without written permission

• Impersonate another person or submit false information through Site forms

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4. Intellectual Property

All content on the Site — including text, graphics, logos, photos, and design — is owned by McArthur Enterprises LLC or its licensors and is protected by U.S. copyright and trademark laws. You may not copy, reproduce, distribute, or create derivative works from Site content without our prior written permission.

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5. Quote Requests and Service Inquiries

Submitting a quote request or contact form does not create a contract for services. We will follow up to confirm scope, pricing, and scheduling. Any service we provide is governed by the specific quote or work order you approve, not by these Terms. These Terms govern only your use of the Site and our electronic communications with you.

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6. SMS Messaging Program

This section describes our SMS messaging program and your rights. By opting in, you agree to these terms.

Program Name

Upstate Home Service Customer Care (operated by McArthur Enterprises LLC, covering Upstate Asphalt & Sealcoating and Upstate Duct Cleaning).

Program Description

This program delivers customer care and transactional text messages related to services you have requested or purchased. Messages include quote delivery, appointment confirmations, scheduling updates, service reminders, and a single post-service follow-up. This is not a marketing program. We do not send promotional or advertising messages through this program.

How to Opt In

You may opt in to receive SMS messages by:

• Submitting a quote request or contact form on upstatehomeservice.com with the SMS consent checkbox selected

• Providing verbal consent during a phone call with our team or our AI-assisted receptionist (verbal consent is logged with a timestamp and call recording)

• Replying START or YES to a confirmation text from us

Message Frequency

You will receive approximately 3 to 4 messages per service engagement. Frequency varies based on the service requested and your responses to our messages.

Message and Data Rates

Message and data rates may apply. We do not charge for SMS messages, but your mobile carrier may charge you for sending or receiving messages based on your plan. Contact your carrier for details about your plan.

Opt-Out Instructions

To stop receiving messages at any time, reply STOP to any message from us. You will receive one confirmation message, and you will not receive further messages unless you opt in again. You may also opt out by contacting us using the information in the Support section below.

To resubscribe after opting out, reply START or contact us directly.

Help and Support

For help with the SMS program, reply HELP to any message from us, or contact us using the information below:

McArthur Enterprises LLC

Email: [contact@upstatehomeservice.com]

Phone: [phone number]

Website: upstatehomeservice.com

Supported Carriers

Messages are supported on all major U.S. mobile carriers. Carriers are not liable for delayed or undelivered messages.

Privacy

We do not share or sell mobile phone numbers or SMS opt-in data with third parties or affiliates for their marketing purposes. See our Privacy Policy at upstatehomeservice.com for full details on how we collect, use, and protect your information.

Eligibility

You must be 18 years or older, or have the authorization of the account holder, to opt in to SMS messages from us.

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7. Call Recording

Calls to and from our business lines may be recorded for quality assurance, training, and record-keeping, including for the purpose of documenting verbal SMS consent. New York is a one-party consent state. By continuing a call after our opening disclosure, you consent to the call being recorded.

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8. Third-Party Links

The Site may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party sites is at your own risk and subject to their terms.

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9. Disclaimers

The Site and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

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10. Limitation of Liability

To the maximum extent permitted by law, McArthur Enterprises LLC and its owners, employees, and contractors are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or our electronic communications, even if we have been advised of the possibility of such damages. Our total liability for any claim related to the Site will not exceed one hundred dollars ($100).

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11. Indemnification

You agree to indemnify and hold harmless McArthur Enterprises LLC and its owners, employees, and contractors from any claims, damages, or expenses arising from your violation of these Terms or your misuse of the Site.

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12. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. Any dispute arising from these Terms or your use of the Site will be resolved in the state or federal courts located in Saratoga County, New York.

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13. Changes to These Terms

We may update these Terms from time to time. The effective date at the top reflects the latest version. Material changes will be posted on this page. Continued use of the Site after an update means you accept the revised Terms.

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14. Contact

Questions about these Terms or the SMS program can be directed to:

McArthur Enterprises LLC

4244 Route 50

Saratoga Springs, NY 12866

Email: team@upstatesealcoating.com

Phone: (518) 759-7325