Please read these Terms of Use ("Terms") carefully before using nupona-stormwater-services.com (the "Website") or any services provided by Freeman Engineering PLLC dba Nupona Stormwater ("Nupona," "we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Website or services.

1. Acceptance of Terms

By accessing or using the Website, you represent that:

• You are at least 18 years of age or have the legal authority to enter into these Terms;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy;
• Your use of the Website complies with all applicable laws and regulations in your jurisdiction.

2. Description of Services

Nupona Stormwater provides professional stormwater engineering services including inspections, compliance consulting, permit support, and stormwater management solutions to municipal, commercial, and residential clients. Our services may include, but are not limited to:

• Stormwater inspections and field assessments;
• Regulatory compliance consulting and permit assistance;
• SMS and text message-based communications and notifications;
• Informational resources and related digital content.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

4. User Conduct and Responsibilities

You agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of others. You must not:

• Use the Website to transmit any unlawful, harmful, threatening, abusive, or defamatory content;
• Attempt to gain unauthorized access to any part of the Website or its related systems;
• Upload or transmit viruses, malware, or any other malicious code;
• Engage in any activity that disrupts, damages, or impairs the functionality of the Website;
• Use automated tools, bots, or scrapers to access or collect data from the Website without our written consent;
• Impersonate any person, entity, or misrepresent your affiliation with any person or organization;
• Violate any applicable local, state, national, or international law or regulation.

5. Intellectual Property

All content on the Website — including the Nupona name, hawk logo, brand marks, written content, photographs, and design elements — is the exclusive property of Freeman Engineering PLLC or its licensors and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal or business purposes in accordance with these Terms. You may not:

• Copy, reproduce, distribute, or create derivative works from any content on the Website without our express written permission;
• Remove or alter any proprietary notices, labels, or marks on the Website;
• Use any Nupona branding or trademarks without prior written consent.

6. Professional Services Disclaimer

7. Third-Party Links and Services

The Website may contain links to third-party websites or integrate third-party services. These links are provided for convenience only. Nupona Stormwater is not responsible for the content, accuracy, or privacy practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party services you access.

8. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Nupona Stormwater does not warrant that the Website or SMS communications will be uninterrupted, error-free, timely, or free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Freeman Engineering PLLC dba Nupona Stormwater, its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of — or inability to use — the Website, SMS services, or any other services, even if we have been advised of the possibility of such damages. This includes, without limitation, any damages resulting from delayed, undelivered, or misdirected SMS messages.

Our total liability to you for any claims arising out of or related to these Terms or the Website shall not exceed the greater of (a) the amount you paid to Nupona Stormwater in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Freeman Engineering PLLC dba Nupona Stormwater and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of the Website or SMS services;
• Your violation of these Terms;
• Your violation of any third-party rights;
• Any content you submit or transmit through the Website or via SMS.

11. Privacy

Your use of the Website and SMS services is also governed by our Privacy Policy, available at nupona-stormwater-services.com. By using the Website or opting in to SMS communications, you consent to the collection and use of information — including your mobile number — as described in the Privacy Policy. Your mobile number and SMS consent will not be shared with or sold to third parties for their own marketing purposes.

12. Termination

We reserve the right to suspend or terminate your access to the Website or SMS services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

Any dispute arising out of or related to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in North Carolina. You waive any right to a jury trial or class action lawsuit.

14. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nupona Stormwater regarding your use of the Website and SMS services and supersede all prior agreements and understandings.

15. Changes to These Terms

Nupona Stormwater reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Website or SMS services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have any questions about these Terms of Use or our SMS communications, please contact us: