Terms and Conditions

Terms and Conditions

Effective Date: April 1, 2026

Last Updated: April 1, 2026

1. Agreement to Terms

This Terms and Conditions Agreement ("Agreement") is made between you ("user," "you," or "your") and:

Website Owner Information:

- Website URL: yoderupnorth.com

- Company Name: Yoders Up North

- Doing Business As (DBA): Yoders Up North

- Address: Traverse City, Michigan

- Email: [email protected]

- Phone: 231-422-4221

Yoders Up North ("Company," "we," "us," or "our") is a family-owned outdoor living construction company based in Traverse City, Michigan, serving homeowners across Northern Michigan. This Agreement outlines the rights and obligations between you and Yoders Up North in connection with your use of our website, any digital forms, consultation scheduling tools, and any other online media or channels related thereto (collectively, the "Website"), for the purpose of accessing information, requesting services, or using any content or tools available on the Website ("Services").

2. Access

Your access to and use of the Website and Services is conditional upon your acceptance of and compliance with this Agreement, which applies to all visitors of the Website. If you do not agree with any part of this Agreement, you may not access the Website or its Services.

Your access is also conditional upon your acceptance of our Privacy Policy, which describes our policies and procedures on the collection, use, and disclosure of your personal information. We encourage you to read our Privacy Policy before accessing the Website or its Services, which can be found at: yoderupnorth.com/privacy-policy

Any supplemental amendments or documents posted on the Website following the effective date of this Agreement are expressly incorporated herein.

a.) Minors (Under the Age of 18)

If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the Website. If a minor accesses the Website, it is assumed that their parent or guardian has read, agreed to, and given permission for the minor to use the Website under this Agreement. Under Michigan law, individuals under the age of 18 may not enter into binding contracts for construction or home improvement services without the consent of a parent or legal guardian.

b.) Children (Under the Age of 13)

If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained verifiable parental consent to use the Website. This Agreement upholds the protections outlined under the Children's Online Privacy Protection Act (COPPA), specifically 15 U.S. Code § 6502.

We do not claim that the Website's content is appropriate or suitable for all visitors. No information or content provided on the Website is intended for distribution or use in any location where such use would be prohibited by law or regulation. Any such access is at your own initiative, and you are solely responsible for legal compliance.

3. Construction Services & Michigan Law

Yoders Up North provides residential outdoor living construction services, including custom decks, louvered pergolas, pavilions, motorized screens, and home remodels, to homeowners in Northern Michigan. By requesting or contracting for any of our Services, you acknowledge and agree to the following:

- All construction services are governed by applicable Michigan law, including the Michigan Residential Code, Michigan Building Code Act (MCL 125.1501 et seq.), and applicable Grand Traverse County and municipal building ordinances.

- All applicable building permits are obtained by Yoders Up North on behalf of the client unless otherwise agreed upon in writing. Permit fees are the responsibility of the client and will be itemized in the project proposal.

- All work is performed by licensed and/or appropriately qualified contractors in accordance with Michigan licensing requirements. Yoders - Up North operates in compliance with regulations administered by the Michigan Department of Licensing and Regulatory Affairs (LARA) — Bureau of Construction Codes.

- Residential construction contracts for amounts over $600 are subject to the Michigan Home Improvement Finance Act (MCL 445.1101 et seq.) and the Michigan Contractors Registration Act, which govern consumer protections, contract requirements, and contractor registration.

- You agree to provide accurate site access, property information, and any HOA or deed restrictions that may affect the project scope.

4. Prohibited Activities

As a user of our Website or Services, you are prohibited from engaging in any of the following activities:

- Systematically retrieving data or content from the Website to create or compile a collection, database, or directory without our written permission;

- Tricking, defrauding, or misleading us or other users, especially in any attempt to obtain sensitive account or business information;

- Circumventing, disabling, or otherwise interfering with security-related features of the Website or Services;

- Disparaging, tarnishing, or otherwise harming the reputation of Yoders Up North or any individual affiliated with our business;

- Using any information obtained from the Website to harass, abuse, or harm another person or group;

- Making improper use of our contact or support channels, or making false reports of misconduct;

- Using the Website or Services in a manner inconsistent with their intended purpose or against applicable Michigan or federal law;

- Engaging in unauthorized commercial linking, referral schemes, or spam;

- Uploading or transmitting viruses, malware, trojan horses, or any material that may interfere with the Website's functionality;

- Attempting any unauthorized automated use of the Website, including bots, scrapers, or data mining tools;

- Deleting or altering any copyright notices, trademarks, or proprietary marks displayed on the Website;

- Impersonating any individual, business, or entity in connection with the Website;

- Interfering with, disrupting, or creating an undue burden on the Website, its servers, or connected networks;

- Copying or adapting the Website's software, code, or design elements without written permission;

- Using the Website to advertise or solicit business in direct competition with Yoders Up North; or

- Any other use that violates this Agreement or applicable law.

5. Guidelines for Reviews

We may provide you the ability to submit reviews or ratings of our Services through our Website or third-party platforms (such as Google or Facebook). Any review must adhere to the following guidelines:

- Be based on your firsthand experience with Yoders Up North;

- Not contain offensive, abusive, discriminatory, or profanity-laden language;

- Not reference discriminatory language related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

- Not include references to illegal activity;

- Not be submitted as part of a coordinated competitor scheme;

- Not contain false or misleading statements about your experience; and

- Not be part of an organized campaign encouraging others to submit reviews, positive or negative.

We reserve the right to decline, remove, or flag any review that violates these guidelines. Reviews do not represent the official views of Yoders Up North. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, display, and distribute the content of such review in connection with our business.

6. Copyright Policy

a.) Intellectual Property Infringement

It is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property right protected under law. If you believe your protected intellectual property is being used on our Website without your authorization, please contact us at [email protected] with a detailed description of the alleged infringement.

If it is determined that you are not the owner of the intellectual property in question or do not have authority to act on the owner's behalf, you may be held accountable for damages, including attorneys' fees.

b.) DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following in writing (see 17 U.S.C § 512(c)(3)):

- An electronic or physical signature of the copyright owner or authorized representative;

- A description of the copyrighted work claimed to have been infringed, including the URL(s) where it appears;

- Your contact details, including name, address, phone number, and email address;

- A statement that the use is unauthorized and that the removal request is made in good faith; and

- A statement, made "under penalty of perjury," that the information provided is accurate.

Upon receipt of a valid copyright infringement notification, we will take appropriate steps to remove or restrict access to the infringing content.

7. Intellectual Property

Except as otherwise indicated, all source code, website functionality, software, graphic designs, media (including photos, videos, and text), content, trademarks, service marks, logos, and copyrights displayed on the Website are the intellectual and proprietary property of Yoders Up North ("Intellectual Property") and are protected under applicable local, state, national, and international laws.

No Intellectual Property may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

8. User Obligations

By using the Website or any of its Services, you agree to the following:

- Any information you submit to us — including consultation requests, contact forms, or project inquiries — must be accurate and complete;

- You agree to promptly update any information you provide if changes occur;

- You have the legal capacity to understand, agree with, and comply with this Agreement;

- You are not considered a minor in the jurisdiction where you reside, or, if a minor, have obtained the required parental or guardian consent;

- You will not access the Website or Services through bots, scripts, or any unauthorized automated means; and

- You will use the Website and Services lawfully and in accordance with this Agreement.

If any information submitted by you is found to be inaccurate, false, or incomplete, we reserve the right to discontinue services and any future dealings with you.

9. Third-Party Websites and Content

Our Website may contain links to third-party websites or services not owned or controlled by Yoders Up North, including manufacturer websites (such as Fenetex, TimberTech/AZEK, or Endura Structure), project management tools (such as JobTread), and social media platforms. We assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party website. You acknowledge that if you are redirected to a third-party website, you hold Yoders Up North harmless from any action, damage, loss, or claim arising from your use of such websites.

10. Site Management

To ensure the best experience for all users, we reserve the right, in our sole discretion, to:

- Monitor the Website and its content for violations of this Agreement;

- Take appropriate action — including legal action — against users who have violated this Agreement or attempted to defraud or harm others;

- Refuse, restrict, or remove any content that is burdensome, inappropriate, or harmful to our systems or users; and

- Otherwise manage the Website to protect our rights and ensure its optimal operation.

11. Privacy Policy

Your access to and use of our Website or Services is also governed by our Privacy Policy, which describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights under applicable Michigan and federal law.

Our Privacy Policy can be found at: yoderupnorth.com/privacy-policy

12. Data Retention

We maintain the right to store data transmitted through your use of the Website or Services as outlined in our Privacy Policy. You are solely responsible for the accuracy of the data you provide. You agree that Yoders Up North has no liability for any loss, breach, or corruption of data and hereby waive any right of action against us arising from such loss, breach, or corruption.

13. Termination

We reserve the right to terminate or suspend your access to the Website or Services at any time, for any reason, at our sole discretion, with or without prior notice. Upon termination, your access to the Website and/or Services will cease immediately.

If you wish to discontinue your relationship with us, you may do so by ceasing use of the Website and contacting us to close any open project files or communications.

14. Governing Law

This Agreement, and your use of the Website and Services, shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. Applicable laws include but are not limited to:

- Michigan Consumer Protection Act (MCPA), MCL 445.901 et seq.

- Michigan Residential Code and Building Code Act, MCL 125.1501 et seq.

- Michigan Home Improvement Finance Act, MCL 445.1101 et seq.

- Michigan Uniform Electronic Transactions Act (UETA), MCL 450.831 et seq.

Any legal proceedings arising under this Agreement shall be brought exclusively in the state or federal courts located in Grand Traverse County, Michigan.

15. Dispute Resolution

If you have a dispute regarding the Website, its content, or any of the Services offered, you are required to first attempt resolution by formally contacting us at [email protected] or 231-422-4221.

a.) Mediation

If the dispute cannot be resolved directly, it shall be submitted to mediation for a period of 30 days, with at least 10 hours committed by each party, in accordance with the procedures of the United States Arbitration & Mediation (USA&M) or a mutually agreed-upon Michigan-based mediator. All costs related to mediation shall be shared equally by both parties.

b.) Arbitration

If the dispute remains unresolved after mediation, it will be submitted to binding arbitration in Grand Traverse County, Michigan, in accordance with applicable Michigan arbitration laws. We maintain the right to bring proceedings in the courts of the State of Michigan as appropriate.

16. "As-Is" Disclaimer

The Website and its digital content are provided on an "as-is" and "as-available" basis, without warranty of any kind. To the maximum extent permitted by applicable Michigan and federal law, Yoders Up North expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no warranty or representation that:

- The Website will meet your requirements or achieve any intended results;

- The Website will be compatible with all software, applications, systems, or devices;

- The Website will operate without interruption or be error-free;

- The accuracy, reliability, or currency of any information or content provided through the Website; or

- The Website, servers, or emails sent on our behalf are free of viruses, malware, or other harmful code.

Note: This "as-is" disclaimer applies to the Website and digital services only. All physical construction services provided by Yoders Up North are subject to the specific warranty terms outlined in your individual project contract, and are governed by applicable Michigan contractor warranty obligations.

17. Limitation of Liability

To the fullest extent permitted by applicable Michigan and federal law, in no event shall Yoders Up North, its owners, employees, agents, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — resulting from your access to or use of (or inability to access or use) the Website or its digital Services.

Our total liability for any claim arising out of or relating to the Website shall not exceed the amount paid by you to Yoders Up North in the six (6) months preceding the claim, or $100, whichever is greater.

18. Indemnification

You agree to defend, indemnify, and hold harmless Yoders Up North and its owners, officers, agents, employees, and contractors from and against any loss, damage, liability, claim, or demand — including reasonable attorneys' fees — arising out of or relating to:

- Your use of the Website or Services;

- Your inability to use the Website or Services;

- Any breach of this Agreement;

- Any violation of the rights of a third party, including intellectual property rights; or

- Any harmful, fraudulent, or unlawful act you commit in connection with the Website or Services.

19. Notices

All notices to Yoders Up North under this Agreement must be directed to [email protected] or mailed to our Traverse City, Michigan address. Notices to you will be delivered to the email address you have provided to us. Physical mail shall be sent to the address on file for your project or account.

20. Electronic Communications

By accessing the Website, submitting online forms, requesting consultations, using e-signatures, or engaging in any electronic communication with us, you consent that all agreements, notices, disclosures, and communications provided electronically satisfy any legal requirement that such communications be in writing, in accordance with the Michigan Uniform Electronic Transactions Act (UETA), MCL 450.831 et seq. You waive any rights or requirements under applicable laws that require original handwritten signatures or delivery of non-electronic records, except where otherwise required by Michigan construction or contract law.

21. Michigan Consumer Protections

Yoders Up North is committed to complying with all applicable Michigan consumer protection laws. If any complaint or concern with our business is not satisfactorily resolved, Michigan residents may contact:

Michigan Attorney General – Consumer Protection Division

P.O. Box 30213

Lansing, MI 48909

Phone: 1-877-765-8388

Website: www.michigan.gov/ag

For issues related to contractor licensing, permits, or construction code compliance, you may contact:

Michigan Department of Licensing and Regulatory Affairs (LARA)

Bureau of Construction Codes

P.O. Box 30254

Lansing, MI 48909

Phone: 517-241-9313

Website: www.michigan.gov/lara

22. U.S. Federal Government End-User Provisions

If you are a user acting on behalf of the U.S. federal government, our Website and Services are treated as a "commercial item" as defined under 48 C.F.R. § 2.101.

23. Accessibility

Yoders Up North is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] or 231-422-4221 so we may assist you.

24. Miscellaneous

This Agreement, together with our Privacy Policy and any other policies or disclosures posted on our Website, constitutes the entire agreement and understanding between you and Yoders Up North.

- Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

- This Agreement operates to the fullest extent permissible by applicable Michigan and federal law.

- We reserve the right to assign any or all of our rights, liabilities, and obligations to another party at any time with reasonable notice.

- We shall not be responsible or liable for any loss, damage, delay, or failure caused by events beyond our reasonable control, including but not limited to severe Northern Michigan weather events, natural disasters, supply chain disruptions, or government-mandated shutdowns (force majeure).

- If any provision of this Agreement is determined to be unlawful, void, or unenforceable under Michigan law, it shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

- This Agreement does not create a joint venture, partnership, employment, or agency relationship between you and Yoders Up North.

You agree that this Agreement shall not be construed against us solely by virtue of having drafted it.

25. Contact Us

If you have any questions or concerns about this Agreement, please contact us:

- By Email: [email protected]

- By Phone: 231-422-4221

- By Mail: Yoders Up North, Traverse City, Michigan

- Website: yoderupnorth.com

We will respond to all inquiries within thirty (30) business days.