Terms of Service

1. Overview and Acceptance

These Terms of Service (the “Terms”) govern access to and use of pkmcontractors.com (the “Website”), operated by PKM Contractors, Inc. (“PKM,” “we,” “our,” or “us”), located in Dennis, Massachusetts. The Website is intended to introduce our excavation, septic, underground utility, site development, and related contracting services; present examples of our projects; and provide ways to contact us.

By accessing or using the Website, you agree to comply with these Terms to the extent they form an enforceable agreement under applicable law. If you do not agree, do not use the Website. Nothing in these Terms limits any rights that cannot lawfully be waived.

2. Ownership of Photographs and Other Content

2.1 Project Gallery and Services page photographs

The photographs displayed on our Project Gallery, Our Services pages, and elsewhere on the Website collectively document our actual work and operations. The collection contains approximately 100 photographs; the number may change as we add, remove, or replace images. The same protections apply to every protected photograph on the Website, whether it appears in a grid, slideshow, preview, article, thumbnail, background, or full-screen viewer.

For original photographs to which PKM holds rights, PKM reserves all rights, title, and interests available under applicable law. Any photograph or other content credited to or licensed from a third party remains subject to the rights of its respective owner. PKM's display of third-party material does not authorize visitors to reuse it.

2.2 Other protected Website materials

Except where otherwise indicated, protectable Website materials—including original copy, project descriptions, layouts, graphics, illustrations, branding, logos, video, compilations, and original editorial content—are owned by PKM or used with appropriate authorization. The name “PKM Contractors,” related marks, and branding may not be used in a manner suggesting PKM's sponsorship, approval, or affiliation without permission.

2.3 No license through access or attribution

Visiting the Website, right-clicking an image, viewing an enlarged photograph, receiving an image through a search engine, or finding a file through its direct URL does not convey a license to reuse it. Giving credit, adding a hyperlink, placing a watermark, cropping, resizing, filtering, altering colors, or using a photograph “for inspiration” does not by itself make unauthorized reuse lawful.

2.4 Viewing is not permission to reuse

You may browse the Website for lawful personal or informational purposes, including the ordinary technical copies your browser makes to display a page. This access is not a license to save, republish, distribute, or repurpose images or other protected content. PKM does not authorize additional reuse; rights arising independently under applicable law are unaffected.

3. Uses of PKM Photography That Are Not Authorized

PKM does not permit third-party reuse of its protected photographs. Except for uses independently allowed by applicable law, you may not:

• Use our photos for a business or advertisement: on another contractor's website, portfolio, online listing, business profile, brochure, social media marketing account, flyer, paid advertisement, proposal, presentation, or sales material.
• Misrepresent project ownership: describe, depict, or imply that a PKM job site, completed project, crew, equipment, or work shown in our photographs belongs to or was performed by another company or individual.
• Repost for personal or noncommercial distribution: republish or share protected photos on websites, public social media pages, forums, blogs, publications, newsletters, or content archives, whether or not money is earned.
• Sell or sublicense: offer the images through stock libraries, image marketplaces, print-on-demand products, merchandise, licensing catalogs, datasets, or any other paid or unpaid distribution service.
• Modify and redistribute: crop, recolor, remove backgrounds, add text or logos, composite, digitally manipulate, or generate derivative versions and circulate those versions.
• Embed, hotlink, or mirror: display or serve our protected images directly from our servers on another site, mirror a photo collection, or systematically copy or republish galleries.
• Remove identifying information: strip or alter copyright notices, visible watermarks, photographic credits, embedded attribution, or rights-management information when doing so is prohibited by law.
• Collect images for automated reuse: scrape, bulk-download, harvest, or repurpose project photographs for competing catalogs, training datasets, automated image collections, or commercial content-generation systems, subject to applicable law.

These examples are illustrative, not exhaustive. “Not for commercial use” does not mean “free for noncommercial use.” PKM does not offer third-party reuse licenses for either category.

Important legal exception: These Terms are not intended to override fair use, lawful quotation, other statutory limitations on copyright, or any use that cannot legally be restricted. Whether an exception applies depends on the circumstances; merely stating “fair use,” “educational,” or “nonprofit” does not automatically establish it.

4. No Photography Licenses or Third-Party Reuse

PKM Contractors does not grant permission or offer licenses for third parties to reuse photographs from this Website. This is a firm, company-wide policy covering our approximately 100 project photographs and all other protected original Website materials. There is no general authorization for use by other contractors, marketers, advertisers, publishers, content creators, individuals, or organizations.

We do not authorize commercial, editorial, promotional, educational, personal, or other noncommercial republication. Credit to PKM, a backlink to our Website, the absence of profit, or changes to an image do not create permission. We do not offer an image licensing program or a photo-permission request process; please do not contact us seeking approval to reuse our photos.

Any prior unauthorized use remains unauthorized. Our failure to detect, object to, or pursue a particular instance of reuse does not constitute consent or waiver of our rights. All rights are reserved. Nothing in this policy limits uses that applicable law independently allows, including copyright exceptions that cannot be restricted by these Terms.

5. Unauthorized Use and Rights Enforcement

PKM reserves the right, where appropriate and permitted by law, to investigate suspected misuse of its protected photographs or other materials, preserve evidence of the use, contact the responsible party, and request prompt cessation and removal. PKM may also submit intellectual-property complaints to website hosts, social platforms, search services, or other intermediaries under their applicable procedures and the law.

Unauthorized uses may expose the responsible party to copyright infringement or other legal claims. Where legally available, PKM may seek injunctions, actual or statutory damages, recovery of profits, costs, and attorneys’ fees; the availability of particular remedies depends on the facts, applicable law, registration status, and court rulings. PKM reserves its right to pursue appropriate legal action and does not waive those rights by failing to object immediately to a particular use.

If you believe your own copyrighted work has been improperly displayed on the Website, email admin@pkminc.net with sufficient information to identify the material, your claimed rights, your contact information, and the URL in question. We will review credible reports.

6. Acceptable Use of the Website

Visitors may browse public pages, read service information, and contact PKM for legitimate purposes. You agree not to disrupt the Website; attempt unauthorized access to its systems or data; introduce malicious code; circumvent access restrictions; submit false or misleading inquiries; impersonate another person or entity; or use automated methods that materially impair site availability or security.

You may not use the Website in connection with unlawful activity or in a way that infringes another person's intellectual-property, privacy, or other legal rights. PKM may restrict access or take other reasonable protective measures in response to misuse, subject to applicable law.

7. Service Information, Project Images, and Inquiries

Descriptions, project photographs, examples, equipment information, service-area statements, and other Website content are provided for general informational purposes only. Photographs may depict historical or completed projects and do not guarantee that identical services, equipment, materials, conditions, outcomes, or availability apply to any future project. Service scope, pricing, qualifications, permits, inspections, and timelines depend on project-specific circumstances.

Submitting a contact or estimate inquiry does not create a contractor–customer relationship, a service contract, a binding bid, a reservation of work, or an obligation for PKM to accept a project. Any work performed will be subject to a separate agreement and its applicable terms. Do not rely on Website content as engineering, construction, environmental, regulatory, or legal advice for a specific site.

For details about how submitted contact information is handled, review our Privacy Policy.

8. Third-Party Websites and Services

The Website may contain links to third-party websites or integrate outside services, including maps, fonts, or contact-form processing. These third parties maintain their own terms and privacy practices. PKM does not control their availability, content, or policies, and links should not be interpreted as endorsements unless expressly stated.

9. Disclaimers and Limitation of Liability

To the extent permitted by applicable law, the Website and its publicly accessible content are provided on an “as is” and “as available” basis, without warranties of uninterrupted availability, error-free operation, or fitness for a particular purpose. We make reasonable efforts to keep the information useful but do not warrant that every description, image, or link is current, complete, or suitable for reliance in a particular project.

To the fullest extent permitted by law, PKM and its personnel will not be liable for indirect, incidental, special, consequential, or punitive damages arising from access to or use of the Website, including interruptions, errors, or third-party content. Nothing here excludes liability or legal remedies that applicable law does not permit to be excluded or limited.

10. Additional Terms

10.1 Indemnification

To the extent enforceable under applicable law, you agree to be responsible for claims, losses, and reasonable expenses resulting from your unlawful use of the Website or your violation of these Terms, including unauthorized exploitation of protected content.

10.2 Governing law

These Terms will be interpreted under the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules, except where federal law or another mandatory law applies. Any agreement to a particular forum applies only to the extent permitted by applicable law.

10.3 Severability and no waiver

If a provision is found unenforceable, the remaining provisions will continue to apply to the extent they can lawfully remain in effect. Failure to enforce a provision on one occasion does not mean PKM waives its right to enforce it later.

10.4 Updates

PKM may revise these Terms as its Website or practices evolve. Updates will be posted on this page with a revised effective date. Material changes apply prospectively as required by law; continuing to use the Website after a change may indicate acceptance when applicable law recognizes it.

10.5 Entire agreement regarding Website use

These Terms and the linked Privacy Policy address the subjects described in them and do not replace any separate written construction contract, service proposal, purchase agreement, or legally required disclosures.