WEBSITE TERMS AND CONDITIONS
The Maynard Group | www.maynardgroup.ca • "Building with Integrity"
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING WWW.MAYNARDGROUP.CA, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
These Website Terms and Conditions (collectively, these "Terms" or this "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User," "Visitor," "Client," or "you"), and The Maynard Group, together with its operating divisions, trade names, and subsidiary brands (collectively referred to herein as "The Maynard Group," the "Company," "we," "us," or "our"), concerning your access to and use of the website located at www.maynardgroup.ca, as well as any related media forms, digital channels, mobile website versions, or online inquiry portals linked, connected, or otherwise integrated thereto (collectively, the "Website").
1. Acceptance of Terms
1.1 Unconditional Binding Agreement. By accessing, browsing, viewing, submitting information through, or otherwise using the Website (www.maynardgroup.ca), you acknowledge that you have read, understood, and agree to be bound unconditionally by these Terms and all applicable laws and regulations governing the Website. Your access to and use of the Website is expressly conditioned upon your full compliance with these Terms.
1.2 Mandatory Discontinuance Upon Disagreement. If you do not agree with any provision, covenant, limitation, or condition set forth in these Terms, you are not authorized to access or use the Website for any purpose whatsoever, and you must immediately discontinue all use of the Website and exit all pages thereof.
1.3 Right to Update and Modify. The Company expressly reserves the right, in its sole and absolute discretion, to revise, update, supplement, replace, or otherwise modify these Terms at any time and without prior individual notice. Any such modifications shall become effective immediately upon posting to the Website. Your continued access to or use of the Website following the posting of any updated Terms constitutes your conclusive and binding acceptance of such changes.
1.4 Scope of Application and Legal Capacity. These Terms apply universally to all Website visitors, users, existing clients, prospective clients, commercial partners, and any other individuals or entities accessing the Website. By using the Website, you represent and warrant that you are of the age of majority in the Province of New Brunswick (or the jurisdiction in which you reside) and possess the full legal authority and capacity to enter into this Agreement on your own behalf or on behalf of the entity you represent.
2. About The Maynard Group
2.1 Corporate Overview. The Maynard Group is a multi-brand construction, residential renovation, accessibility modification, specialty installation, and comprehensive home solutions organization operating in the Province of New Brunswick, Canada. Guided by our foundational commitment and corporate principle of "Building with Integrity", The Maynard Group delivers specialized residential and commercial contracting and home improvement solutions across New Brunswick.
2.2 Covered Subsidiary Brands and Operating Divisions. These Terms govern your interaction with The Maynard Group and expressly extend to and cover all of its subsidiary brands, operating divisions, and affiliated trade names featured on or accessible through the Website, including specifically the following:
| Subsidiary Brand / Division | Primary Scope of Services |
|---|---|
| Maynard Construction | General construction, structural work, custom decks, pergolas, framing, exterior builds, and professional carpentry services. |
| Nu Pro | Comprehensive residential renovation services, interior remodeling, home modernization, and turnkey property improvements. |
| LifeABLE | Accessibility modifications, aging-in-place solutions, mobility adaptations, and barrier-free residential renovations. |
| Murphy Bed Guy | Authorized Murphy Wall Bed® sales, professional installation, maintenance and repair service, disassembly, and safe relocation. |
| Perlyna Tile | Professional tile setting, surface preparation, waterproofing, custom stonework, and precision tile installation. |
2.3 Unified Legal Protection. All references to "The Maynard Group" or the "Company" throughout these Terms shall be deemed to include each of the foregoing subsidiary brands (Maynard Construction, Nu Pro, LifeABLE, Murphy Bed Guy, and Perlyna Tile), each of which is entitled to the full benefit of all rights, disclaimers, limitations of liability, and indemnities set forth herein.
3. Services
3.1 Informational Purpose Only; No Online Contract Formation. The Website is provided solely to furnish general information regarding the Company's construction, renovation, accessibility, Murphy Wall Bed®, and tile installation services, as well as to facilitate initial inquiries and consultation requests. Nothing contained on the Website constitutes a binding offer to perform services, and no contract for construction, renovation, installation, or any other services is formed through your access to or use of the Website alone, nor through the submission or receipt of any online contact or inquiry form.
3.2 Requirement of Separate Written Agreement. All actual services performed by The Maynard Group or any of its subsidiary brands are strictly subject to, and governed exclusively by, separate written project agreements, formally executed construction or installation contracts, or counter-signed written quotes executed by both the Client and an authorized representative of the Company. In the event of any conflict between the general information on the Website and an executed project agreement, the terms of the executed written project agreement shall govern.
3.3 Availability, Scheduling, and Site-Assessment Approval. All services described on the Website are subject to geographic service area limitations within New Brunswick, seasonal weather conditions, trade and material availability, project scheduling capacity, municipal permitting requirements, and satisfactory on-site physical inspection and site-assessment approval by qualified personnel of the Company.
3.4 Right to Decline Projects. The Company expressly reserves the absolute right, in its sole and unfettered discretion, to decline, refuse, or discontinue any project inquiry, consultation request, estimate request, or proposed engagement at any time and for any lawful reason, without liability of any kind to the inquiring party.
4. Quotes, Estimates & Project Agreements
4.1 Non-Binding Nature of Preliminary Estimates. All preliminary quotes, ballpark figures, cost ranges, and estimates provided through the Website, or communicated verbally or electronically via telephone, email, or messaging prior to a formal contract, are strictly informational and non-binding until formally confirmed in writing and signed by an authorized representative of The Maynard Group following an appropriate review of project specifications.
4.2 Validity Period of Written Quotes. Unless a different duration is expressly stated on the face of a written quotation document, all formal written quotes issued by the Company are valid for a period of thirty (30) calendar days from the date of issuance, after which they automatically expire and are subject to re-pricing.
4.3 Pricing Adjustments and Site Conditions. Final project pricing is subject to adjustment and may vary from initial estimates based upon actual physical site conditions discovered prior to or during work (including hidden structural defects, electrical or plumbing non-compliance, moisture, mold, or substrate irregularities), fluctuations in material or supply costs, engineering or code requirements, unforeseen circumstances beyond the Company's reasonable control, or Client-requested changes to the project scope ("Change Orders").
4.4 Preconditions to Commencement of Work. Under no circumstances will The Maynard Group or any of its subsidiary brands schedule project mobilization, order custom materials, or commence physical construction, renovation, or installation work without: (a) a fully executed written agreement or formally signed quote accepted by both parties; and (b) where applicable under the terms of such agreement, receipt and clearance of the required initial project deposit.
5. Intellectual Property
5.1 Ownership of Website Content and Brand Assets. All content, materials, and compilation featured or displayed on the Website — including, without limitation, all text, copy, articles, project photographs, before-and-after galleries, architectural renderings, video recordings, logos, icons, graphics, button designs, user interface layouts, underlying software code, and proprietary brand marks (specifically including "The Maynard Group," "Building with Integrity," "Maynard Construction," "Nu Pro," "LifeABLE," "Murphy Bed Guy," and "Perlyna Tile") — are the exclusive intellectual property of The Maynard Group or its respective third-party licensors, and are protected by Canadian and international copyright, trademark, trade dress, and unfair competition laws.
5.2 Restrictions on Use and Reproduction. You are granted a limited, revocable, non-exclusive, and non-transferable license solely to view and temporarily download pages from the Website for your personal, non-commercial use in evaluating the Company's services. Except as expressly permitted herein, no part of the Website or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, mirrored, framed, or exploited for any commercial or competing purpose whatsoever without the prior express written consent of The Maynard Group.
5.3 Third-Party Trademark Attribution (Murphy Wall Bed®). "Murphy Wall Bed®" is a registered trademark of its respective manufacturer and trademark owner. Its appearance and use on this Website in connection with the services of Murphy Bed Guy are authorized and strictly referential to identify genuine products sold, installed, serviced, and safely relocated by the Company. No transfer or grant of any right, title, or interest in such third-party registered trademark is implied or conferred to any Website user.
5.4 Enforcement of Intellectual Property Rights. Any unauthorized use, misappropriation, reproduction, or modification of the Website's content, photographs, trade names, or trademarks constitutes a material breach of these Terms and an infringement of the statutory and common-law intellectual property rights of The Maynard Group and/or its licensors, and may result in immediate termination of Website access as well as civil and/or criminal legal action seeking injunctive relief and monetary damages.
6. User Conduct
6.1 Lawful Use Obligation. As a condition of your access to and use of the Website, you covenant and agree that you shall use the Website strictly for lawful, bona fide purposes in accordance with these Terms, and that you shall not use the Website in any manner that is unlawful, harmful, defamatory, deceptive, fraudulent, or invasive of another's privacy.
6.2 Expressly Prohibited Activities. Without limiting the generality of the foregoing, you are strictly prohibited from engaging in, assisting with, or attempting any of the following activities in connection with the Website:
- Data Scraping and Automated Harvesting: Using any robot, spider, scraper, crawler, artificial intelligence training harvester, or other automated means, script, or manual process to access, extract, copy, index, or monitor any portion of the Website, its project galleries, or its content;
- Hacking and Security Breaches: Attempting to probe, scan, test the vulnerability of, or breach the security or authentication measures of the Website or any server, network, or database connected to the Website, or introducing any viruses, Trojan horses, worms, ransomware, logic bombs, or other malicious or technologically harmful code;
- Spam and Unsolicited Communications: Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, or any other form of duplicative or commercial solicitation through the Website's contact forms or email addresses;
- Impersonation and Misrepresentation: Impersonating any person or entity, falsely stating or otherwise misrepresenting your identity, affiliation, property ownership status, or authority when communicating with the Company;
- False or Malicious Inquiries: Submitting fabricated, fraudulent, prank, or bad-faith quote requests, contact inquiries, or service bookings, or using the Website to gather competitive intelligence on behalf of a competing contracting business; and
- Website Disruption: Taking any action that imposes, or may impose in our sole determination, an unreasonable or disproportionately large load on our digital infrastructure, or launching any denial-of-service (DoS) or distributed denial-of-service (DDoS) attack or otherwise interfering with the proper working of the Website.
6.3 Right to Block Access and Cooperate with Authorities. The Company reserves the absolute right, in its sole discretion and without prior notice or liability, to monitor Website traffic, investigate suspected violations of these Terms, block or restrict any user, device, or Internet Protocol (IP) address from accessing the Website, and report any suspected unlawful conduct to appropriate law enforcement authorities.
7. Accuracy of Information
7.1 General Informational Nature; Changes Without Notice. While The Maynard Group makes commercially reasonable efforts to ensure that information presented on the Website is current and accurate, the materials on the Website are provided for general informational purposes only. Information featured on the Website — including service descriptions, indicative pricing, product specifications, material options, brand offerings, seasonal availability, and past project examples or photographs — may contain typographical errors or inaccuracies and may be updated, modified, or withdrawn at any time without notice.
7.2 No Professional Engineering, Architectural, or Legal Advice. Nothing contained on the Website is intended to constitute, nor shall it be construed or relied upon as, a professional engineering certification, structural engineering opinion, licensed architectural design advice, building code compliance certification, medical or occupational therapy prescription (with respect to accessibility modifications), or legal advice.
7.3 Duty to Confirm Directly. Any reliance you place on information appearing on the Website is strictly at your own risk. You should always contact The Maynard Group directly to confirm current service details, technical specifications, product availability, and project requirements before making any financial, property, or construction decisions.
8. Third-Party Links
8.1 External Websites and Resources. The Website may contain hyperlinks, references, or pointers to third-party websites, supplier catalogs, manufacturer portals, financing partners, or social media platforms that are not owned, operated, or controlled by The Maynard Group. Such links are provided solely as a convenience to visitors.
8.2 No Responsibility or Endorsement. The Company has no control over, does not monitor, and assumes no responsibility or liability whatsoever for the content, accuracy, legality, security, availability, terms of use, or privacy practices of any third-party websites or resources. The inclusion of any link to a third-party website does not imply any endorsement, sponsorship, affiliation, or warranty by The Maynard Group with respect to such website, its operators, or the products or services offered thereon. If you choose to access any third-party website linked from this Website, you do so entirely at your own risk.
9. Disclaimer of Warranties
9.1 "AS IS" AND "AS AVAILABLE" BASIS. YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, GRAPHICS, AND FUNCTIONALITY PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, CONDITIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE MAYNARD GROUP AND ITS SUBSIDIARY BRANDS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
9.2 NO WARRANTY OF UNINTERRUPTED OR VIRUS-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DEFECTS OR ERRORS ON THE WEBSITE WILL BE CORRECTED; OR (D) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS AND ANTI-VIRUS PROTECTIONS ON YOUR DEVICES. (NOTE: ANY EXPRESS WORKMANSHIP OR MANUFACTURER WARRANTIES APPLICABLE TO ACTUAL CONSTRUCTION OR INSTALLATION SERVICES PERFORMED BY THE COMPANY ARE GOVERNED EXCLUSIVELY BY THE SEPARATE WRITTEN PROJECT CONTRACT EXECUTED WITH THE CLIENT.)
10. Limitation of Liability
10.1 EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAYNARD GROUP, ITS SUBSIDIARIES AND OPERATING BRANDS (MAYNARD CONSTRUCTION, NU PRO, LIFEABLE, MURPHY BED GUY, AND PERLYNA TILE), OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER — INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, PROPERTY DAMAGE, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEBSITE OR ITS CONTENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 MAXIMUM AGGREGATE LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE MAYNARD GROUP AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS SHALL IN NO EVENT EXCEED THE GREATER OF: (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00); OR (B) THE ACTUAL AMOUNT PAID BY THE USER TO THE COMPANY FOR ANY SERVICE DIRECTLY GIVING RISE TO THE CLAIM.
10.3 JURISDICTIONAL SAVINGS CLAUSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART; IN SUCH JURISDICTIONS, THE LIABILITY OF THE MAYNARD GROUP AND ITS SUBSIDIARIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Indemnification
11.1 User Indemnity Obligation. You hereby agree to indemnify, defend, and hold harmless The Maynard Group and its subsidiaries and operating brands (including Maynard Construction, Nu Pro, LifeABLE, Murphy Bed Guy, and Perlyna Tile), as well as their respective directors, officers, shareholders, employees, subcontractors, successors, and agents (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, suits, damages, judgments, awards, losses, liabilities, fines, penalties, costs, and expenses (including, without limitation, reasonable legal fees, disbursements, and court costs on a solicitor-and-his-own-client basis) arising out of, resulting from, or relating in any way to:
(a) your access to, use of, or misuse of the Website or any content thereon;
(b) your breach or violation of any representation, warranty, covenant, or provision of these Terms; or
(c) your violation of any applicable federal, provincial, or municipal law, regulation, or bylaw, or your infringement or violation of the intellectual property, privacy, property, or other rights of any third party.
11.2 Defense and Cooperation. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties hereunder, and you agree to cooperate fully with our defense of any such claims. You shall not settle any such claim without the prior written consent of The Maynard Group.
12. Privacy
12.1 Incorporation of Privacy Policy. Your submission of personal information through the Website, and the Company's collection, storage, use, disclosure, and protection of such personal information, are governed by the Company's Privacy Policy, which is hereby incorporated into and made an integral part of these Terms by reference.
12.2 Compliance with PIPEDA and Provincial Privacy Laws. The Maynard Group is committed to safeguarding personal privacy and complies with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5, and all applicable provincial privacy legislation in force in the Province of New Brunswick.
12.3 Use of Inquiry Information and CASL Compliance. Personal information voluntarily submitted by you via the Website's contact forms, quote request portals, telephone links, or email inquiries (such as your name, telephone number, email address, property address, and project details) will be collected and used solely for the purpose of evaluating and responding to your inquiry, preparing estimates, and delivering requested services. Where you provide express or implied consent as permitted by law, such contact information may also be used to send you relevant service updates or marketing communications in strict accordance with Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23, from which you may unsubscribe at any time.
13. No Agency or Partnership
13.1 Independent Status of Parties. Nothing contained in these Terms, nor your access to or use of the Website, shall be construed as creating or establishing any agency, partnership, joint venture, fiduciary duty, franchise, or employment relationship between you and The Maynard Group or any of its subsidiary brands. Neither party has any right, power, or authority to bind or obligate the other party in any manner whatsoever.
14. Severability
14.1 Reformation and Continued Validity. If any provision, clause, or part of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified and reformed to the minimum extent necessary to render it valid, legal, and enforceable while preserving to the maximum extent permissible the original commercial and legal intent of the parties. If such modification is not legally possible, the offending provision shall be severed from these Terms, and all remaining provisions of these Terms shall survive and continue in full force and effect without impairment.
15. Entire Agreement
15.1 Integration and Superseding Effect. These Terms (including the Privacy Policy incorporated herein by reference), together with any separate project-specific written agreement or signed quotation entered into between you and The Maynard Group, constitute the entire and exclusive agreement between you and the Company with respect to your access to and use of the Website, and supersede and extinguish all prior or contemporaneous oral or written understandings, communications, negotiations, proposals, or representations relating to the Website. No waiver by The Maynard Group of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
16. Governing Law & Dispute Resolution
16.1 Governing Law. These Terms, your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) shall be governed by, construed, and enforced strictly in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without giving effect to any choice-of-law or conflict-of-law principles that would result in the application of the laws of any other jurisdiction.
16.2 Mandatory Good-Faith Negotiation and Mediation. Prior to initiating any formal court action or legal proceeding (other than an application for urgent injunctive or equitable relief to protect intellectual property or Website security), the parties agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms promptly through direct informal negotiation, and if unresolved within thirty (30) days of written notice of the dispute, through confidential mediation conducted in New Brunswick.
16.3 Exclusive Jurisdiction and Venue. Subject to Section 16.2, any legal suit, action, or proceeding arising out of or relating to these Terms or use of the Website shall be instituted and submitted to the exclusive jurisdiction of the courts of the Province of New Brunswick, and you hereby irrevocably attorn and submit to the personal and exclusive jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
17. Amendments
17.1 Posting of Revised Terms. The Maynard Group reserves the right, at its sole discretion, to amend, update, or replace any part of these Terms at any time by posting the updated version of these Terms on the Website (www.maynardgroup.ca) with a revised "Last Updated" date displayed at the top of the document.
17.2 User Responsibility to Review. It is your sole responsibility to review these Terms periodically for any amendments or updates. Your continued access to or use of the Website following the posting of any amendments to these Terms constitutes your binding acceptance of those amendments.
18. Contact Information
18.1 Official Contact Details. For any questions, legal notices, copyright inquiries, or concerns regarding these Terms and Conditions or the Website, please contact us using the official contact details below:
| Legal Entity | The Maynard Group |
|---|---|
| Corporate Tagline | "Building with Integrity" |
| Covered Subsidiary Brands | Maynard Construction | Nu Pro | LifeABLE | Murphy Bed Guy | Perlyna Tile |
| Website | www.maynardgroup.ca |
| Telephone | 506-962-8542 |
| Jurisdiction / Province | New Brunswick, Canada |
