Effective date: August 17, 2026

1. Acceptance of These Terms

These Website Terms and Conditions (the “Terms”) govern your access to and use of www.elementasphaltaz.com and any related webpages, forms, content, and features (collectively, the “Site”). The Site is operated by Element Asphalt (“Element Asphalt,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

2. Informational Purpose; No Professional Advice

The Site provides general information about asphalt paving, sealcoating, repair, striping, milling, and related services. Site content is not engineering, architectural, legal, safety, or other professional advice and should not be relied upon as a substitute for an on-site evaluation or advice from a qualified professional.

3. Quotes, Estimates, and Service Inquiries

You may use the Site to request a quote, estimate, consultation, or other information. You agree that information you submit will be accurate, current, and complete. A Site submission is an inquiry only and does not create a contract, guarantee service availability, reserve a date, establish final pricing, or obligate either party to proceed. Any services will be governed by a separate written proposal, contract, work order, or other agreement accepted by Element Asphalt and the customer. If a service agreement conflicts with these Terms, the service agreement controls for those services.

4. Pricing, Scheduling, and Site Information

Descriptions, photographs, availability, timeframes, and any pricing shown on the Site are general information and may change without notice. Final scope, pricing, scheduling, materials, warranties, and payment terms will be stated in the applicable written service agreement. We may correct errors or update Site content at any time.

5. Contact Forms and Submitted Information

When you submit a contact or quote form, you authorize us to use the information you provide—including your name, phone number, email address, property address, service interests, referral source, and message—to evaluate and respond to your request, provide customer service, prepare estimates, schedule visits, maintain business records, improve our services, and protect against fraud or misuse.

Do not submit confidential, sensitive, or regulated information through the Site, such as Social Security numbers, financial-account credentials, medical information, or payment-card data, unless we specifically provide a secure method and request that information.

6. Marketing Communications

Where permitted by law and consistent with the choices you make, we may use contact information you provide to send promotions, service reminders, seasonal offers, customer surveys, and other marketing communications about Element Asphalt. You may opt out of marketing emails by using the unsubscribe link in an email or contacting us. You may opt out of marketing text messages by replying STOP. Opting out of marketing does not prevent non-marketing communications about an existing request, quote, project, transaction, or account.

Submitting a general contact or quote form authorizes us to respond to your inquiry through the contact methods you provide. It does not, by itself, constitute consent to receive automated or prerecorded telemarketing calls or marketing text messages where prior express written consent is required by law. If we offer those communications, we will request separate consent with the disclosures required by applicable law. Consent to marketing is not a condition of purchasing services. Message and data rates may apply; message frequency may vary.

7. Privacy

Our collection, use, retention, and disclosure of personal information are also governed by our posted Privacy Policy, which is incorporated into these Terms by reference. If there is a conflict between these Terms and the Privacy Policy concerning personal information, the Privacy Policy controls. Please review the Privacy Policy before submitting information through the Site.

8. Permitted Use

You may use the Site only for lawful, personal, or internal business purposes related to learning about or requesting our services. You may not:

use the Site in violation of any law or another person’s rights;

submit false, misleading, fraudulent, unlawful, or harmful content;

attempt to gain unauthorized access to the Site, accounts, systems, or data;

introduce malware, interfere with Site operation, or circumvent security measures;

scrape, crawl, harvest, copy, or use Site content or contact information through automated means except as permitted by law; or

use the Site or its content to compete with, impersonate, or falsely suggest an affiliation with Element Asphalt.

9. Intellectual Property

The Site and its content—including text, photographs, graphics, logos, videos, layout, and design—are owned by or licensed to Element Asphalt and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for its intended purpose. No other rights are granted. You may not reproduce, distribute, modify, publicly display, sell, license, or create derivative works from Site content without our prior written permission, except as allowed by law.

10. Third-Party Links and Services

The Site may link to third-party websites, social-media platforms, maps, scheduling tools, or other services. We do not control and are not responsible for third-party content, availability, security, or privacy practices. Your use of third-party services is governed by their own terms and policies.

11. Site Availability and Changes

We may modify, suspend, restrict, or discontinue any part of the Site at any time. We do not guarantee that the Site will be uninterrupted, secure, complete, current, or error-free, or that defects will be corrected. We may restrict access if we reasonably believe these Terms have been violated or the Site is being misused.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ELEMENT ASPHALT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR PARTICULAR PROPERTY OR PROJECT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMENT ASPHALT AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED $100. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED. LIABILITY ARISING FROM CONTRACTED SERVICES, IF ANY, IS GOVERNED BY THE APPLICABLE SERVICE AGREEMENT.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Element Asphalt and its owners, officers, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising out of your unlawful use of the Site, your submitted content, or your material violation of these Terms. This section does not require you to indemnify any party for that party’s own unlawful conduct where prohibited by law.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any dispute arising from the Site or these Terms must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the jurisdiction and venue of those courts. This section does not alter any rights or remedies that cannot be waived under applicable law.

16. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on the Site with a new effective date. Changes apply prospectively when posted unless a later date is stated. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms.

17. Miscellaneous

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement concerning use of the Site. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, sale, reorganization, or transfer of the Site or business. Headings are for convenience only.

18. Contact Us

Questions about these Terms may be directed to:

Element Asphalt
610 E Bell Rd #2398
Phoenix, AZ 85022
Email: support@elementasphaltaz.com
Phone: 602-661-3938