Terms Of Use

Effective Date: November 19, 2025
Last Updated: November 19, 2025

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of:

Our website located at https://ongaroandsons.com;
Any mobile applications or online services that link to these Terms; and
Any content, functionality, and services offered through them

(collectively, the "Site").

The Site is operated by Ongaro & Sons, Inc., a California corporation ("Ongaro & Sons," "we," "us," or "our").

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, you must not use the Site.

These Terms do not govern the performance of onsite services at your property, which may be subject to separate work orders, proposals, or service agreements.

2. Changes to the Terms and the Site

We may revise and update these Terms from time to time at our sole discretion. The "Last Updated" date above indicates when these Terms were last revised.

Your continued use of the Site after any changes become effective means you accept the updated Terms. If you do not agree with the changes, you must stop using the Site.

We may modify, suspend, or discontinue any part of the Site at any time, with or without notice. We are not liable if all or any part of the Site is unavailable at any time.

3. Eligibility and User Responsibilities

By using the Site, you represent and warrant that:

You are at least the age of majority in your state of residence (or have parental/guardian consent where permitted by law);
You have the legal capacity to enter into these Terms; and
You will use the Site only in compliance with these Terms and applicable laws.

You are responsible for:

All activity that occurs under your access or devices;
Maintaining the confidentiality of any login credentials for features that require authentication;
Ensuring that any information you provide to us is accurate, complete, and current.

The Site is not intended for use by children under 13 years of age. If you are under 13, you may not use the Site.

4. Intellectual Property Rights

The Site and all content, features, and functionality (including, without limitation, text, graphics, logos, icons, images, video, audio, design, selection, arrangement, and software) are owned by Ongaro & Sons, our licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use (or to the limited extent necessary to evaluate or obtain our services for business purposes) in accordance with these Terms.

You must not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content from the Site, except as explicitly permitted in writing;
Remove or alter any copyright, trademark, or other proprietary notices;
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written permission (except as may be allowed by law, such as for search engines conforming to robots.txt).

All rights not expressly granted in these Terms are reserved by Ongaro & Sons and its licensors.

5. User Conduct

You agree not to:

Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
Use the Site to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
Impersonate or attempt to impersonate Ongaro & Sons, a Ongaro & Sons employee, another user, or any other person or entity;
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm Ongaro & Sons or users of the Site;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site;
Engage in "screen scraping," data mining, data harvesting, or any similar extraction activity involving the Site, except as expressly permitted by us in writing or by law.

We may, at any time and without notice, suspend or terminate your access to the Site for any violation of these Terms or for any conduct we reasonably consider harmful to the Site, our business, or others.

6. User Content; Feedback

6.1 Copyright Complaints

If you believe that any content on the Site infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by sending written notice to our designated agent containing:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to locate it on the Site;
Your contact information (address, telephone, email);
A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf.

Send notices to:

DMCA Agent – Ongaro & Sons, Inc.
719 Southpoint Boulevard, Petaluma, CA 94954
Email: info@ongaroandsons.com (subject: "DMCA Notice")

6.2 User Content

The Site may permit you to submit, upload, post, or transmit content, including reviews, comments, feedback, photos, or other materials ("User Content").

By providing User Content, you represent and warrant that:

You own or control all rights in and to the User Content, or have obtained all permissions necessary to grant the rights described in these Terms;
Your User Content does not infringe or violate any third-party rights, including privacy, publicity, intellectual property, or contractual rights;
Your User Content is accurate and not misleading; and
Your User Content does not violate any applicable law or these Terms.

You are solely responsible for your User Content.

You must not submit User Content that:

Is defamatory, obscene, harassing, threatening, abusive, hateful, or otherwise objectionable;
Promotes illegal activity or advocates, promotes, or assists any unlawful act;
Contains nudity, graphic violence, or content harmful to minors;
Contains viruses, malware, or other harmful code.

We reserve the right (but have no obligation) to remove or refuse to display any User Content, at any time, in our sole discretion.

6.3 License to Ongaro & Sons

By submitting User Content, you grant Ongaro & Sons a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, in any media now known or later developed, for any lawful purpose, including for marketing, testimonials, and improving our services.

We may choose to credit you by first name, initials, or shortened name, but are not obligated to do so.

6.4 Feedback

If you provide feedback, suggestions, or ideas regarding the Site or our services ("Feedback"), you agree that we may use the Feedback without restriction and without any obligation to you.

7. No Professional Advice; Local Requirements

7.1 Informational Purpose Only

Content on the Site is provided for general informational and marketing purposes only. It is not intended as professional engineering, architectural, design, or legal advice, nor as a substitute for a site visit and evaluation by a qualified technician.

All service descriptions, pricing ranges, product details, and promotional offers displayed on the Site are provided for general informational purposes only and do not constitute a binding quote, warranty, or service commitment. Actual services, pricing, and availability may vary by location, property, and other factors. Written estimates, proposals, or contracts provided at the time of service control in the event of any conflict with information on the Site.

7.2 California Contractor Licensing and Service Limitations

Ongaro & Sons, Inc. holds appropriate California contractor licenses for the services we provide. We are not general contractors for purposes of large-scale construction projects; we provide specialty trade services (HVAC, plumbing, electrical, solar) as described on our Site.

The information on this Site regarding services:

(a) Does not constitute a bid, proposal, or binding price quote;

(b) Is subject to site inspection, permitting requirements, and applicable building codes;

(c) May require additional services, permits, or approvals not anticipated based solely on information provided through the Site;

(d) Does not create a contractor-client relationship until a written service agreement or work order is executed.

California Home Improvement Contract Requirements
For certain residential services exceeding statutory thresholds, California law (Business and Professions Code § 7150 et seq.) requires written home improvement contracts containing specific disclosures. Where applicable, such contracts will be provided separately at or before the time of service and shall control over any conflicting provisions of these Terms with respect to the contracted services. In the event of any conflict between these Terms and a written home improvement contract or work order governing services at your property, the written contract or work order shall control with respect to those services.

Property Access and Liability
By scheduling service, you represent and warrant that:

You have authority to grant such access and authorize such documentation;
You have informed any co-owners, residents, or tenants of such access and documentation;
You explicitly agree to a "Duty to Warn": You must proactively inform our dispatch or technicians, prior to their entry onto the property, of any potentially dangerous conditions, aggressive or unrestrained animals, known structural hazards (e.g., unstable flooring, low clearances, electrical hazards), or other safety risks present on the property. Failure to disclose a known hazard that results in injury to our personnel constitutes a material breach of these Terms and may trigger your indemnification obligations under Section 13.
If you lack such authority, you agree to indemnify us for claims by third parties arising from your lack of authority, but only to the extent such claims do not arise from our negligence or breach of professional standards.

8. Third-Party Sites and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Ongaro & Sons, including:

Manufacturer or vendor sites;
Scheduling and payment platforms;
Rebate, energy-efficiency, or government program sites;
Social media platforms;
Review and rating platforms.

We do not control and are not responsible for the content, privacy policies, or practices of any third-party sites or services, and the inclusion of any link does not imply endorsement by Ongaro & Sons.

Your use of third-party sites and services is at your own risk and subject to their terms and policies.

Your use of any third-party products, services, or platforms referenced on or accessible through the Site (including manufacturer sites, financing platforms, rebate programs, and scheduling tools) is governed solely by the terms of service, privacy policies, and other agreements of those third parties. You should review those terms carefully before using third-party services. We are not a party to your agreements with third parties and are not responsible for their practices or performance.

9. Online Estimates, Promotions, and Errors

Any estimates, cost calculators, promotions, coupons, or similar tools provided on the Site are for general informational purposes only and do not constitute binding offers. Actual prices, promotions, eligibility, and terms may vary and will be confirmed in writing by Ongaro & Sons at or prior to the time of service.

We attempt to ensure that information on the Site is accurate, but we do not guarantee that it is complete, current, or error free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

10. Electronic Communications and Text Messaging

By using the Site or communicating with us electronically, you consent to receive communications from us electronically (e.g., emails, texts, push notifications where enabled). We may use these methods to communicate about appointments, services, billing, and marketing (with appropriate consent).

If you opt in to receive marketing text messages, you provide prior express written consent to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS) from Ongaro & Sons at the mobile number you provide, including messages sent by an automatic telephone dialing system. You agree that:

Consent to receive marketing text messages is not a condition of purchasing any goods or services;
You are the owner or authorized user of the mobile number provided;
Message frequency may vary;
Message and data rates may apply;
You may opt out at any time by replying STOP to any message or following instructions provided. For help, reply HELP or contact us at info@ongaroandsons.com or (707) 908-8025.

Our use of your contact information is governed by our Privacy Policy.

11. Disclaimer of Warranties

YOUR USE OF THE SITE AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE OR ANY PART OF IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11.1 California Consumer Rights and Limitations on Disclaimers

The disclaimers in Section 11 apply only to the extent permitted by California law. Nothing in these Terms limits or waives your rights under:

(a) The California Consumer Legal Remedies Act (Civil Code § 1750 et seq.);

(b) The California Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.);

(d) Any other California consumer protection statute.

These disclaimers do not affect implied warranties that cannot be disclaimed under California law. Any implied warranty that cannot be disclaimed is limited in duration to ninety (90) days from your first use of the Site, or the shortest duration permitted by law, whichever is longer.

These disclaimers apply to the online services and Website; they do not govern warranties related to physical services at your property, which are subject to separate terms, industry standards, applicable building codes, and statutory warranties.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Types of Damages

IN NO EVENT WILL ONGARO & SONS, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "ONGARO & SONS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE;

(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE;

(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR

(e) ANY OTHER MATTER RELATING TO THE SITE OR THESE TERMS.

12.2 Cap on Damages

IN NO EVENT WILL THE TOTAL LIABILITY OF THE ONGARO & SONS PARTIES TO YOU FOR CLAIMS RELATING SOLELY TO THE OPERATION OF THE WEBSITE (EXCLUDING CLAIMS RELATED TO SERVICES PERFORMED AT YOUR PROPERTY) EXCEED THE GREATER OF:

(i) FIVE HUNDRED U.S. DOLLARS (US $500); OR

(ii) THE TOTAL AMOUNT YOU PAID TO US THROUGH THE SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation does not apply to claims for which California law prohibits contractual damage limitations, including violations of the California Consumer Legal Remedies Act (Civil Code § 1750 et seq.), the Unfair Competition Law (Business & Professions Code § 17200 et seq.), or claims for which statutory damages or minimum damages are prescribed by law.

California Consumer Protection Savings Clause: Nothing in Section 11, 12, or 13 of these Terms limits any rights you may have to refunds, replacements, repairs, or other remedies under applicable California consumer protection laws, including but not limited to the California Consumer Legal Remedies Act, the Song-Beverly Consumer Warranty Act, or other non-waivable statutory rights.

12.3 Scope and Limitations

(a) THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ANY ONGARO & SONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) These limitations do not apply to:

(i) Liability that cannot be excluded or limited by applicable law (including certain California consumer protection laws);
(ii) Death or personal injury caused by our gross negligence or willful misconduct;
(iii) Fraud or intentional misrepresentation;
(iv) Your indemnification obligations under Section 13;
(v) Claims related to the actual physical performance of HVAC, plumbing, electrical, or solar services at your property, which are governed by separate service agreements, work orders, warranties, and applicable law.
(vi) In all cases, nothing in Section 12 limits any non-waivable rights or remedies you may have under applicable consumer protection laws.

(c) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12.4 California Civil Code § 1542 Waiver (For Settlement of Claims Only)

If you enter into a settlement agreement or release with Ongaro & Sons, you acknowledge and agree that such settlement constitutes a full and final resolution of the claims covered by the settlement. In connection with any such settlement, you expressly waive and relinquish all rights under California Civil Code § 1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

This waiver applies only to settlement agreements, not to these Terms generally.

12.5 Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to indemnify and hold harmless the Ongaro & Sons Parties from third-party claims arising out of:

(a) Your material breach of these Terms;

(b) Your violation of applicable law in connection with use of the Site;

(d) Your gross negligence or willful misconduct;

(e) Your fraudulent misrepresentation regarding property ownership or authority to authorize services;

(f) Your failure to disclose known property hazards after being specifically asked to do so, resulting in injury or damage.

This indemnification is limited to direct damages and reasonable attorneys' fees actually incurred. It does not extend to claims arising from our negligence, breach of contract, or violation of consumer protection laws. California Civil Code § 2782 limitations apply where applicable.

13.2 Defense and Settlement

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (including the right to settle such claims), and you agree to cooperate fully with our defense and any related settlement negotiations. You may not settle any claim that would impose obligations or liability on any Ongaro & Sons Party without our prior written consent.

13.3 Notice

You must promptly notify us in writing of any claim, demand, or action for which you may owe indemnification under this Section. Failure to provide prompt notice may limit your indemnification obligations to the extent we are materially prejudiced by such delay.

13.4 California Civil Code § 2782

California Civil Code § 2782 prohibits indemnification for active negligence in certain construction contracts. To the extent this section applies and conflicts with this indemnification clause with respect to covered services, Section 2782 shall control to the minimum extent required by law. This indemnification clause remains fully enforceable with respect to all claims not subject to Section 2782, including but not limited to claims arising from your use of the Site, breach of these Terms, misrepresentation, failure to disclose hazards, and violation of third-party rights.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

To the fullest extent permitted by law, and except as expressly provided below, any dispute, claim, or controversy between you and Ongaro & Sons arising out of or relating in any way to these Terms, the Site, or our services (a "Dispute") will be resolved by binding arbitration on an individual basis.

14.1 Informal Resolution

Strict Condition Precedent: As a mandatory condition precedent to commencing any arbitration or litigation, you and we agree to attempt to resolve any Dispute informally.

Ongaro & Sons, Inc.
Attn: Legal/Dispute Resolution
719 Southpoint Boulevard
Petaluma, CA 94954

We will attempt to resolve the Dispute informally within 30 days after receiving your notice. If the Dispute is not resolved within that time, either party may initiate arbitration as described below.

14.2 Arbitration Agreement and Procedures

Except as expressly provided in this Section, all Disputes shall be resolved exclusively by binding arbitration administered by JAMS (or if JAMS is unavailable or unwilling to serve, the American Arbitration Association) in accordance with its Comprehensive Arbitration Rules and Procedures (or, for claims under $250,000, its Streamlined Arbitration Rules and Procedures), as modified by this Section.

This arbitration agreement does not require arbitration of any claim that cannot be subject to a pre-dispute arbitration agreement as a matter of applicable law, and such claims may be brought in court as provided in Section 15.

Arbitration Costs and Fees

For claims initiated by you:

Claims under $10,000: Ongaro & Sons will pay all filing, administration, and arbitrator fees.
Claims $10,000–$75,000: Costs shall be allocated according to the arbitration provider's consumer rules, provided you will not pay more than the cost of filing a complaint in court.
Claims over $75,000: Costs and fees shall be allocated according to the arbitration provider's rules.

For claims initiated by Ongaro & Sons: Ongaro & Sons will pay all filing, administration, and arbitrator fees.

If any part of this cost allocation is found unconscionable or unenforceable, the arbitration provider's consumer protection fee rules shall apply.

Location
Arbitration shall take place in Sonoma County or Marin County, California (at your election if you are the claiming party), or by video conference, or by telephone, as mutually agreed or as ordered by the arbitrator for good cause shown.

Governing Law in Arbitration
The arbitrator shall apply California substantive law and applicable federal law, except that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

Limited Discovery
Discovery in arbitration shall be permitted as follows: (a) requests for production of documents relevant to the Dispute, (b) requests for admissions, (c) depositions of key witnesses (not to exceed five per side absent agreement or arbitrator approval), and (d) subpoenas for documents and witnesses as permitted by the arbitrator. The arbitrator may modify these parameters for good cause shown.

Awards and Enforcement
The arbitrator may award any relief that would be available in court under applicable law, including injunctive or declaratory relief, but may not award relief beyond what is necessary to provide relief warranted by the claiming party's individual claim. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Confidentiality
The arbitration proceedings, including filings, discovery, testimony, and the arbitrator's award, shall be kept confidential by all parties except: (a) to the extent necessary to enter or enforce a judgment; (b) as required by law; (c) for disclosures to legal and financial advisors under appropriate confidentiality obligations; or (d) in connection with claims of arbitrator bias or for setting aside an award.

Mass Arbitration / Batching Protocol
If 25 or more similar demands for arbitration are filed against Ongaro & Sons by the same or coordinated counsel, or are otherwise coordinated ("Mass Filing"), the following protocols shall apply:

(a) Bellwether Proceedings: The Mass Filing will be subject to a staged process. Ten (10) claimants shall be selected to proceed to arbitration first (5 chosen by the claimants' counsel, 5 chosen by us). All other claims in the Mass Filing shall be stayed and the statute of limitations tolled until the initial ten bellwether arbitrations are resolved.

(b) Global Mediation: After the bellwether arbitrations are resolved, the parties agree to participate in a single global mediation session of all remaining claims in the Mass Filing, conducted by a retired judge or mediator mutually agreed upon by the parties.

(c) Fee Allocation: If a Mass Filing occurs, the arbitration provider's mass arbitration or batching fee schedules (if any) shall apply. Both parties agree to cooperate in good faith to implement processes that minimize costs and maximize efficiency for all parties.

(d) Coordination Requirement: Counsel representing claimants in a Mass Filing agree to coordinate and communicate with Ongaro & Sons' counsel regarding scheduling, procedural matters, and resolution discussions to facilitate efficient resolution.

This Mass Arbitration Protocol is intended to provide a fair, efficient mechanism for resolving large numbers of claims while preserving each party's right to arbitration. If any court or arbitrator finds this protocol unenforceable, the matter shall proceed under the arbitration provider's rules or, if arbitration is not available, the claims may be brought in court as set forth in Section 15.

14.3 Class and Representative Action Waiver

YOU AND ONGARO & SONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

Nothing in this arbitration agreement prevents you from bringing a representative action under California's Private Attorneys General Act (Labor Code § 2698 et seq.) in court or arbitration. Any PAGA claim shall be subject to the informal dispute resolution process in Section 14.1 before filing.

The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, representative, or private attorney general proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Severability and Public Injunctive Relief
If a court or arbitrator determines that the class-action waiver or any portion of this Section 14.3 is unenforceable, then:

(a) Any claim or request for relief that cannot be arbitrated consistent with this waiver (such as a claim for public injunctive relief if determined not to be arbitrable) must be severed and litigated in court under Section 15 below, while any remaining claims shall be arbitrated;

(b) If a representative or class proceeding is permitted to go forward notwithstanding this waiver, you and we each waive any right to participate in such proceeding (whether as a representative, class member, or otherwise);

(c) No representative, class member, or attorney may claim to act on behalf of you or us in any such proceeding without specific, individual written authorization.

California McGill Notice and Public Injunctive Relief
Nothing in this arbitration agreement waives or restricts your right to seek public injunctive relief under California law to the extent such a waiver is prohibited. If you seek public injunctive relief, you must first exhaust the informal dispute-resolution process in Section 14.1. If the matter is not resolved, and if a court determines that public injunctive relief claims must be litigated in court (rather than arbitrated), such claims shall be stayed pending individual arbitration of all other claims, after which such public injunctive relief claims, if any remain, shall be decided by a court under Section 15.

14.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes within that court's jurisdiction, instead of arbitration.

14.5 Opt-Out

If you do not wish to be bound by this arbitration agreement, you may opt out by sending a written notice to us at the address above, postmarked within 30 days after you first accept these Terms (or after any material change to this arbitration provision). Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect your other rights or obligations under these Terms.

14.6 Severability of Arbitration Provisions

If any portion of this arbitration agreement (other than the class action waiver addressed in Section 14.3) is found invalid or unenforceable, that portion shall be severed, and the remainder of this arbitration agreement shall remain in full force and effect.

If the class action waiver in Section 14.3 is found invalid or unenforceable, and if a class or representative action is permitted to proceed notwithstanding that waiver, the entirety of this Section 14 (Arbitration Agreement) shall be null and void, and any disputes must be resolved in court as set forth in Section 15.

If the Mass Arbitration / Batching Protocol is found unenforceable, that protocol shall be severed, but the remainder of the arbitration agreement (including individual arbitration and the class action waiver) shall remain in effect unless a court determines that arbitration cannot proceed fairly without the batching protocol, in which case Section 14 shall be void and disputes shall proceed in court.

15. Governing Law; Venue

These Terms and any Dispute between you and us will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and applicable federal law.

Subject to the arbitration agreement above, any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state or federal courts located in Sonoma County or Marin County, California, and you consent to the personal jurisdiction and venue of such courts.

16. Termination

We may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any reason or no reason, including if we reasonably believe:

You have violated these Terms;
Your use of the Site may cause harm or liability to us, other users, or third parties; or
The Site is no longer available or commercially viable.

The following provisions of these Terms shall survive termination of your access to the Site or termination of any service relationship: intellectual property rights (Section 4), disclaimers of warranties (Section 11), limitation of liability (Section 12), indemnification (Section 13), dispute resolution and arbitration (Section 14), governing law and venue (Section 15), and any other provisions that by their nature should survive. Your obligations to pay for services already provided also survive termination.

17. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any additional terms presented to you on the Site, constitute the entire agreement between you and Ongaro & Sons regarding the Site and supersede all prior and contemporaneous agreements and understandings, whether written or oral, regarding the Site.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. However, if the "Mass Arbitration / Batching Protocol" in Section 14.2 is found to be unenforceable, the treatment of that finding is governed by Section 14.6 (Severability of Arbitration Provisions). If the class action waiver in Section 14.3 is found unenforceable, the entirety of the Arbitration Agreement (Section 14) shall be null and void as set forth in Section 14.6, and any remaining claims must be filed in a court of competent jurisdiction in Sonoma or Marin County.

No Waiver. No waiver by Ongaro & Sons of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure.
We are not liable for any delay or failure to perform our obligations under these Terms (including obligations to respond to requests, maintain the Site, or provide access to online services) resulting from causes beyond our reasonable control, including but not limited to:

(a) Acts of God (earthquakes, fires, floods, storms, including California wildfires and seismic events);

(b) Public health emergencies (pandemics, epidemics, quarantine, or government health orders);

(d) Labor disputes, strikes, or workforce shortages;

(e) Government actions, laws, regulations, or orders (including Public Safety Power Shutoffs);

(f) Failures or disruptions of public utilities, telecommunications, or internet infrastructure;

(g) Failures of third-party service providers, platforms, or vendors;

(h) Cyberattacks, hacking, or malicious actions by third parties;

(i) Supply chain disruptions or material shortages;

(j) Any other event or circumstance beyond our reasonable control.

During such events, our performance obligations are suspended for the duration of the force majeure event. We will use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 90 days and substantially impairs the Site or our ability to provide services, either party may terminate the affected service relationship upon written notice.

18. Additional Limitations and Releases

18.1 Website Functionality

You expressly acknowledge and agree that:

(a) The Site is provided as a convenience for obtaining information and requesting services;

(b) We make no warranty that the Site will be uninterrupted, timely, secure, or error-free;

(c) Technical issues, including but not limited to server failures, network outages, software bugs, browser incompatibilities, or third-party service failures, may occur at any time;

(d) We are not liable for any loss or damage resulting from your inability to access or use the Site, delays in information delivery, or inaccuracies in Site content;

(e) Estimates, calculators, or informational tools on the Site are provided "as-is" for general guidance only and do not constitute warranties or guarantees.

18.2 User Responsibility for Verification

You agree that:

(a) You are responsible for verifying any information obtained from the Site;

(b) You should not rely solely on online estimates or information for important decisions;

(c) Actual pricing, availability, product specifications, and service terms will be confirmed in writing at the time of service;

(d) You should consult directly with our personnel for definitive information.

18.3 Third-Party Products and Services

(a) We may refer to, describe, or facilitate access to third-party products, equipment, manufacturers, financing providers, or service partners. Any such references are for convenience only and do not constitute endorsements, warranties, or representations by us.

(b) We disclaim all liability arising from third-party products, services, or platforms, including warranties, performance, defects, recalls, or any claims related to such third parties.

18.4 Release of Claims

You acknowledge that use of any website involves inherent risks, including technical errors, service interruptions, and cybersecurity risks. While we implement reasonable measures to minimize these risks, you agree that your use of the Site is at your own risk, except where such risks result from our negligence, breach of contract, violation of consumer protection laws, or other conduct for which we are legally responsible.

This provision does not waive or release any claims that cannot be waived as a matter of California law, including claims under the California Consumer Legal Remedies Act (Civil Code § 1750 et seq.), the Unfair Competition Law (Business & Professions Code § 17200 et seq.), or other consumer protection statutes.

18.5 Assumption of Risk

You acknowledge and, to the extent permitted by law, assume all risks associated with:

(a) Using an online platform to request home services;

(b) Providing access to your property to service providers;

(d) Electronic communications and data transmission;

(e) Any technical malfunction, delay, or inaccuracy in information provided through the Site.

19. California Consumer Notice

Under California Civil Code § 1789.3, California users of the Site are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information in Section 21 below.

If you still have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

By mail: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834

By telephone: (800) 952-5210 or (916) 445-1254

20. Contact Information

For questions about these Terms of Use or about our privacy practices, users may contact us using the contact information below.

Ongaro & Sons, Inc.
Attn: Privacy Officer

Mailing Addresses:
11 Ross Ave, San Anselmo, CA 94960
719 Southpoint Boulevard, Petaluma, CA 94954
250 D St, Suite 700B, Santa Rosa, CA 95404

Phone:
Main: (707) 908-8025
Marin County: (415) 454-7400
Sonoma/Napa Counties: (707) 579-3511

For Terms of Use specific inquiries, you may leave a message and we will return your call during business hours (Monday–Friday 7:30 AM–5:00 PM, Saturday 7:30 AM–1:00 PM).

Email: info@ongaroandsons.com
(Please include "Terms of Use" in the subject line for terms-of-use-related requests.)

Website: https://ongaroandsons.com

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