Terms & Conditions
1. Acceptance of Terms
Welcome to the website of Penta Restoration Corp., doing business as The Penta Group (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at https://thepentagroup.co (the “Site”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. We reserve the right to modify these Terms at any time with or without notice to you and your continued use of the Site following our posting of any changes constitutes your acceptance of the revised Terms.
2. Use of the Site
2.1 Permitted Use
The Site is provided for informational purposes about our construction, restoration, and development services. You may use the Site to learn about our services, view our project portfolio, submit inquiries through our contact forms, and access news and press materials.
2.2 Prohibited Use
You agree not to use the Site in any way that:
• Violates any applicable federal, state, local, or international law or regulation
• Infringes upon the rights of any third party, including intellectual property, privacy, or publicity rights
• Introduces viruses, trojans, worms, or other material that is malicious or technologically harmful
• Attempts to gain unauthorized access to any portion of the Site, its servers, or any connected systems
• Interferes with or disrupts the integrity or performance of the Site
• Uses any automated means (bots, scrapers, spiders) to access or collect information from the Site without our prior written consent
• Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity
• Engages in any activity that could damage, disable, overburden, or impair the Site
3. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, photographs, project renderings, video, audio, data compilations, software, and the design and arrangement thereof (collectively, “Content”), is the exclusive property of Penta Restoration Corp. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Other than the limited license rights granted in these Terms to you, you may not use such Content in any other manner without our prior written permission.
The Penta Group name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Penta Restoration Corp. You may not use such marks without our prior written permission.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content on our Site without our prior written consent, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution
4. Contact Forms and Submissions
The Site offers contact forms for new business inquiries and subcontractor communications. By submitting information through these forms, you represent that the information you provide is accurate and complete. You understand and agree that:
• Submitting a form does not create a contractual obligation on our part or contractual relationship between you and us
• We are not obligated to respond to every inquiry
• Any information you provide may be used in accordance with our Privacy Policy
• We may contact you using the information you provide to discuss potential projects or business opportunities
All formal agreements for construction, restoration, or development services will be executed through separate written contracts and are not governed by these Terms.
5. Project Information and Disclaimers
The Site may feature descriptions, photographs, renderings, and other depictions of our past, current, or future projects. While we strive to present accurate information:
• Project descriptions are provided for illustrative and informational purposes only
• Photographs and renderings may not represent the current state of any project
• Specifications, timelines, and project details are subject to change without notice
• Past project outcomes do not guarantee similar results for future projects
6. Disclaimer of Warranties
THE SITE AND ALL ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PENTA RESTORATION CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Site will, at all times, be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Site will be accurate or reliable, or that any defects in the Site will be corrected.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENTA RESTORATION CORP., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
• Your access to or use of (or inability to access or use) the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
8. Indemnification
You agree to defend, indemnify, and hold harmless Penta Restoration Corp., its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from your use of the Site or your violation of these Terms.
9. Third-Party Links
The Site may contain links to third-party websites or resources. These links are provided solely as a convenience to Site visitors, and therefore should not be interpreted to mean that we have any affiliation or relationship with such third parties. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked from the Site, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of those websites.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Subject to the arbitration provision below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in the Borough of Queens, City of New York, State of New York, and you consent to the personal jurisdiction of such courts.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and us, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point we will cover all additional administrative fees and expenses. The prevailing party in any arbitration under these Terms may seek to recover its attorneys’ fees in connection with the arbitration.
The dispute will be governed by the laws of the State of New York without reference to any conflicts of law principles. The place of arbitration will be the Borough of Queens, City of New York, State of New York. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor we nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and us.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. WE AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify us in writing within sixty (60) days of the date that you purchased any product or service from us; (2) your written notification must be mailed to our address below; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product or service, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in the State of New York, Queens County. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.
11. Dispute Resolution
Before initiating any legal action, you agree to first attempt to resolve any dispute or claim arising out of or relating to these Terms or the Site informally by contacting us. If the dispute is not resolved within thirty (30) days after submission, either party may proceed with formal legal action as described in Section 10 above.
12. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
13. Waiver
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
15. Changes to These Terms
We reserve the right to revise and update these Terms at our sole discretion, with or without notice to you. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Penta Restoration Corp.
d/b/a The Penta Group
Main Office: 1 Plaza Road, Greenvale, NY 11548
Email: info@thepentagroup.co
Website: https://thepentagroup.co