Terms of Use

1. Agreement to Terms

Welcome to getwalsh.com (the "Site"), operated by Patrick Walsh doing business as Walsh Facilities Management ("Company," "we," "us," or "our"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Patrick Walsh / Walsh Facilities Management regarding your use of our Site and services.

By accessing or using our Site, requesting quotes, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not access or use our Site or services.

2. Services Overview

Walsh Facilities Management provides professional facilities maintenance services throughout Fort Myers, Naples, and Southwest Florida, including but not limited to:

• Comprehensive facilities maintenance programs
• Professional drywall repair and installation
• Commercial painting services (interior and exterior)
• Expert carpentry solutions (rough carpentry, finish carpentry, commercial repairs)
• Preventive maintenance scheduling
• Emergency repair response

3. Use of Our Website

3.1 Permitted Use

You may use our Site for lawful purposes related to:

• Learning about our facilities maintenance services
• Requesting quotes and service information
• Contacting our team of experts
• Reviewing our portfolio and service areas
• Scheduling consultations or services

3.2 Prohibited Use

You agree NOT to:

• Use our Site for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems, servers, or networks
• Interfere with or disrupt the operation of our Site or servers
• Use automated systems (bots, scrapers, crawlers) without our written permission
• Copy, reproduce, or redistribute our content without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Transmit viruses, malware, or any harmful code
• Collect or harvest information about other users
• Use our Site to send unsolicited commercial communications
• Post or transmit any defamatory, offensive, or illegal content

3.3 User Accounts

If you create an account or profile on our Site, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring all information provided is accurate and current

4. Quotes and Estimates

4.1 Quote Requests

When you request a quote through our "Get Instant Quote" feature or by speaking with our experts:

• Quotes are estimates based on the information you provide
• Actual pricing may vary based on site inspection and project scope
• Quotes are valid for thirty (30) days from the date of issuance unless otherwise specified
• We reserve the right to revise quotes if project specifications change

4.2 No Obligation

Requesting a quote does not obligate you to engage our services, nor does it obligate us to accept your project. A binding service agreement is created only when both parties sign a written contract or service agreement.

4.3 Pricing and Payment

• All prices are in U.S. dollars unless otherwise stated
• Pricing may be subject to change without notice
• Payment terms will be specified in individual service agreements
• We reserve the right to charge interest on overdue accounts
• You are responsible for all applicable taxes, fees, and charges

5. Service Delivery and Performance

5.1 Project Scope

All services will be performed according to the scope defined in the written service agreement. Any changes to project scope, timeline, or specifications must be documented in writing through a change order process.

5.2 Scheduling and Access

• We will make reasonable efforts to meet scheduled service dates
• Delays due to weather, unforeseen conditions, or client-caused delays may affect timelines
• You are responsible for providing safe and timely access to your property or facility
• You must notify us of any site hazards, security requirements, or access restrictions

5.3 Emergency Services

While we offer 24/7 emergency support, response times may vary based on:

• Service availability
• Geographic location
• Nature and severity of the emergency
• Weather conditions and other factors beyond our control

Emergency service rates may differ from standard pricing.

5.4 Client Responsibilities

You agree to:

• Provide accurate property and project information
• Ensure the work area is accessible and safe
• Remove or protect valuable items in work areas
• Comply with all building codes and regulations applicable to your property
• Obtain necessary permits (unless otherwise agreed in writing)
• Provide utilities (electricity, water) needed for our work

6. Warranties and Disclaimers

6.1 Service Warranty

We stand behind our work and provide warranties as specified in individual service agreements. Warranty coverage typically includes:

• Workmanship defects within the warranty period
• Proper installation according to manufacturer specifications
• Compliance with applicable building codes

Warranties do NOT cover:

• Damage caused by abuse, neglect, or improper use
• Normal wear and tear
• Damage from acts of God, accidents, or third parties
• Work or materials not provided by us
• Failure to properly maintain the work

6.2 Website Disclaimer

OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or virus-free operation

6.3 Third-Party Links and Content

Our Site may contain links to third-party websites or references to third-party products and services. We do not endorse, control, or assume responsibility for any third-party sites, products, or services. Your use of third-party sites is at your own risk.

7. Limitation of Liability

7.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATRICK WALSH / WALSH FACILITIES MANAGEMENT SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Property damage (except as covered by our insurance)
• Personal injury (except as covered by our insurance)
• Delays or failures in performance due to circumstances beyond our reasonable control

7.2 Maximum Liability

Our total liability arising from or related to these Terms, our Site, or our services shall not exceed the amount you paid us for services in the twelve (12) months preceding the claim, or $1,000, whichever is greater.

7.3 Exceptions

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Damages covered by our insurance policies
• Liability that cannot be excluded by applicable law
• Our obligations under applicable consumer protection laws

8. Indemnification

You agree to indemnify, defend, and hold harmless Patrick Walsh / Walsh Facilities Management, its officers, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our Site or services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your negligence or misconduct
• Inaccurate information you provide to us
• Your failure to obtain necessary permits or comply with regulations

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content on our Site, including but not limited to text, graphics, logos, images, photographs, videos, software, and design elements, is owned by or licensed to Patrick Walsh / Walsh Facilities Management and is protected by:

• Copyright laws
• Trademark laws
• Trade dress protections
• Other intellectual property rights

The "Walsh Facilities Management" name and logo are our trademarks. You may not use our trademarks without our prior written permission.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for its intended purposes. This license does not include:

• Modifying or copying Site materials
• Using materials for commercial purposes
• Removing copyright or proprietary notices
• Transferring materials to another person
• Using our Site in any way that violates these Terms

9.3 Project Photography and Marketing

Unless you expressly object in writing, we reserve the right to:

• Photograph completed projects
• Use project photos in our marketing materials, website, and portfolio
• Reference your business as a client in our promotional materials

If you wish to opt out of project photography and marketing use, you must notify us in writing before work begins.

10. Insurance and Licensing

Walsh Facilities Management maintains appropriate insurance coverage and licensing as required by Florida law and our industry. Upon request, we will provide:

• Proof of general liability insurance
• Workers' compensation insurance documentation
• Applicable license information
• Certificates of insurance for your project

11. Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising from or related to our Site or services shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

11.2 Venue and Jurisdiction

You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Lee County, Florida. You consent to the personal jurisdiction of these courts and waive any objection to venue.

11.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

11.4 Arbitration

For disputes that cannot be resolved informally and involve claims under $50,000, the parties agree to submit to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Lee County, Florida.

11.5 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

11.6 Small Claims Court

Notwithstanding the arbitration provision, either party may bring a claim in small claims court if it qualifies under that court's jurisdiction.

12. Cancellations and Termination

12.1 Cancellation by Client

If you wish to cancel scheduled services:

• Notice must be provided in writing
• Cancellation terms and fees are specified in your service agreement
• Cancellations with less than 48 hours' notice may incur charges
• We reserve deposits for scheduled services unless cancellation occurs within the specified timeframe

12.2 Termination by Company

We reserve the right to refuse service or terminate our relationship with any client:

• Who violates these Terms
• Who engages in abusive or threatening behavior toward our staff
• Who provides false or misleading information
• Whose property poses unreasonable safety risks
• For any reason at our discretion before work begins

12.3 Effect of Termination

Upon termination:

• You must pay for all services performed prior to termination
• We will return any property in our possession
• All provisions that by their nature should survive termination will remain in effect

13. Force Majeure

We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (hurricanes, floods, earthquakes, fires)
• War, terrorism, or civil unrest
• Government actions, laws, or regulations
• Labor disputes or strikes
• Pandemics or public health emergencies
• Utility failures or telecommunications outages
• Supplier or material shortages
• Severe weather conditions affecting Southwest Florida

During force majeure events, our performance obligations will be suspended for the duration of the event.

14. Privacy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our Site with a new "Last Updated" date.

15.2 Notice of Changes

For material changes, we will make reasonable efforts to provide notice through:

• Prominent notice on our Site
• Email notification (if you have provided your email address)
• Other reasonable communication methods

15.3 Your Acceptance

Your continued use of our Site or services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of our Site and services.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and Patrick Walsh / Walsh Facilities Management regarding your use of our Site and services. These Terms supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

18. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Patrick Walsh / Walsh Facilities Management.

19. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without your consent. Any unauthorized assignment shall be void.

20. Contact Information

If you have questions about these Terms of Use, please contact us:

For service-related inquiries, please use our "Get Instant Quote" feature or "Speak with Experts" contact options on our website.

21. Acknowledgment

BY USING OUR SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE OUR SITE OR SERVICES.