Terms & Conditions

The Site is an informational and inquiry platform. Submitting a contact form or requesting a quote through the Site does not constitute a binding contract for products or services. Formal agreements are executed through separate written purchase orders, service agreements, or contracts between CMS and the client.

3. Permitted Use of the Site

CMS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful informational and business inquiry purposes. The Site is intended for utility industry professionals and organizations seeking information about CMS’s products and services.

3.1 You May Not:

• Copy, reproduce, distribute, or create derivative works based on any Site content without CMS’s prior written consent
• Use the Site or its content for any purpose unrelated to evaluating or procuring CMS’s utility infrastructure products and services
• Attempt to gain unauthorized access to any part of the Site, CMS’s systems, or any connected database or network
• Transmit malware, spyware, or other harmful code through the Site
• Use automated tools, scrapers, or data extraction software to harvest information from the Site
• Misrepresent your identity or organizational affiliation when contacting CMS through the Site
• Interfere with or disrupt the operation of the Site or related infrastructure

CMS reserves the right to suspend or terminate access to the Site for any user who violates these Terms, at CMS’s sole discretion and without notice.

4. Products and Services

CMS offers the following products and services, described on the Site for informational and inquiry purposes. All specific terms, pricing, specifications, and delivery arrangements are governed by separate written agreements.

4.1 Pole Rack Products

CMS designs and manufactures portable, modular utility pole storage rack systems compatible with wood poles, steel poles, concrete poles, fiberglass poles, and other utility infrastructure materials. CMS pole racks are portable and relocatable (no concrete anchoring required), configurable to accommodate varying pole lengths, diameters, and yard layouts, and compliant with applicable safety standards for utility pole storage.

4.2 Services

• Pole Yard Design and Construction – CMS provides free customized pole yard design to all utility clients and prospective clients, including site preparation, mass excavation, concrete placement, and retaining wall construction.
• Pole Rack Installation – Turnkey installation services for CMS pole rack systems.
• Pole Rack Refurbishment – Inspection, repair, reinforcement, and protective coating of
  existing pole racks to extend service life.
• Emergency Pole Rack Deployment –Rapid deployment of pre-configured pole rack systems for utilities responding to storm damage, power outages, and emergency infrastructure demands. Systems are delivered fully pre configured – no on-site assembly required.
• EPA Containment and Filtration – Design and installation of EPA-compliant containment and filtration systems for pole yard storage areas, addressing wood pole treatment chemical groundwater contamination risk.

4.3 Free Pole Yard Design Service

CMS offers pole yard design at no cost to utility clients and prospective clients. Submission of a design inquiry does not create a binding obligation on either party. CMS reserves the right to decline any inquiry. Design proposals prepared by CMS remain the property of CMS until a formal service agreement is executed.

4.4 No Warranty of Availability

The availability of specific products, services, and delivery timelines is subject to project scope, material availability, and scheduling. Information on the Site describes CMS’s general service offerings and does not constitute a guarantee of availability, pricing, or delivery for any specific project.

5. Quote Requests and Project Inquiries

Submitting a contact form, requesting a quote, or calling CMS’s offices initiates a sales inquiry process only. No contract, commitment, or obligation arises from an inquiry submission or a quote provided by CMS unless and until a formal written agreement is signed by authorized representatives of both parties. CMS’s quotes and proposals are typically valid for 30 days from issuance unless otherwise stated in writing. CMS reserves the right to revise or withdraw any quote prior to formal written acceptance.

6. Client Responsibilities

Clients and prospective clients using the Site and CMS’s services are responsible for providing accurate and complete information about their project requirements, site conditions, and operational needs; ensuring that relevant personnel are informed of project plans and timelines; obtaining any necessary permits, easements, or approvals required by applicable authorities for pole yard construction, excavation, or EPA containment work; maintaining appropriate safety conditions at project sites during CMS installation or construction activities; and complying with applicable safety standards and regulations for utility pole storage and handling.

7. EPA Compliance and Environmental Obligations

CMS’s EPA containment and filtration services are designed to assist utility companies in managing pole yard storage areas in compliance with applicable EPA regulations governing wood pole treatment and groundwater contamination. CMS’s services in this area are technical and infrastructure in nature. Responsibility for regulatory compliance with the EPA, state environmental agencies, and any other applicable authority rests with the utility company client. CMS’s containment and filtration systems are designed to support compliance, but CMS does not serve as a regulatory compliance advisoror environmental law counsel. Clients should consult qualified environmental professionals and legal counsel regarding their specific regulatory obligations.

8. Intellectual Property

All content on the Site – including but not limited to the CMS Utility Services name and logo, written content, photography, product specifications, design schematics, service descriptions, and any video content – is the proprietary intellectual property of CMS Utility Services, Inc. and is protected by applicable United States copyright, trademark, and trade secret laws. You may not reproduce, distribute, publicly display, or create derivative works from any CMS content without prior written authorization. Pole yard design proposals, layout drawings, and specifications prepared by CMS are the property of CMS until a formal agreement is executed. Unauthorized use of CMS’s intellectual property may result in legal liability.

9. Disclaimers and Limitation of Liability

9.1 Informational Nature of Site Content

The Site is provided on an “as is” basis for informational purposes only. CMS makes no representations or warranties about the accuracy, completeness, or suitability of any information on the Site. Product descriptions and service capabilities reflect CMS’s general experience and offerings and are not guarantees of outcome for any specific project.

9.2 Project Outcomes

Specific project outcomes – including pole yard throughput improvements, EPA compliance results, and emergency deployment timelines – depend on client-specific site conditions, crew resources, and operational factors outside CMS’s control. Client testimonials reflect individual client experiences and are not guarantees of similar results.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, CMS shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of or inability to use the Site or any information obtained through the Site. CMS’s total liability for claims arising from use of the Site shall not exceed USD $100. Some jurisdictions do not permit exclusion or limitation of certain types of liability. In those jurisdictions, CMS’s liability is limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless CMS Utility Services, Inc. and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: your use of the Site in violation of these Terms; false or misleading information submitted through the Site or in communications with CMS; your violation of any applicable law, regulation, or third-party right; or any project site conditions you failed to disclose that affect CMS’s performance.

11. Third-Party Platforms and Links

The Site uses and links to third-party platforms to operate its contact form and website infrastructure. These platforms are governed by their own terms of service and privacy policies. CMS is not responsible for the content, practices, or policies of third-party services. Links to external sites do not constitute CMS’s endorsement of those organizations or their content.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America, without regard to its conflict of laws provisions.

12.2 Jurisdiction

Any dispute arising out of or related to these Terms or your use of the Site that cannot be resolved through informal negotiation shall be subject to the exclusive jurisdiction of the state and federal courts located in Kentucky. You consent to personal jurisdiction in those courts and waive any objection to venue.

12.3 Informal Resolution First

Before initiating any formal legal proceedings, you agree to contact CMS in writing and give CMS not less than 30 days to resolve the dispute informally. Both parties agree to act in good faith during this resolution period. Most customer concerns are resolved quickly by contacting us directly at aaron.wilson@cmsus.com or gwilson@cmsus.com.

13. Modifications to These Terms

CMS reserves the right to update or modify these Terms at any time. Material changes will be reflected by an updated Last Updated date at the top of this page. Continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you have questions about any update, please contact us before continuing to use the Site.

14. Contact Us

For questions, legal notices, or inquiries regarding these Terms, please contact CMS through any of the following channels: