Terms of Service

The terms and conditions below govern your access to and use of BuildZoom.com, and the related services and applications offered by BuildZoom (including any new features and applications, collectively, the “Services”). You agree to the Terms of Service by accessing or using the Services. Do not access or use the Services if you are unwilling or unable to be bound by the Terms of Service.

Additional Terms and Policies

In addition, when using certain components of the Services, you will be subject to any additional terms and policies applicable to such Services that may be posted on the Services from time to time, including, without limitation:

  • The Privacy Policy.
  • If you are a contractor, the Referral Agreement, the Website Design Terms, and the Ad Terms. If you are entering into the Referral Agreement, please note that a referral fee, which may also be called a commission fee, shall only be applicable if the Contractor is awarded the Project. The referral fee shall be a percentage of the total project value, including materials, labor, and markup. Any deviation from this referral fee shall be negotiated between Buildzoom and Contractor, in good faith and agreed upon in writing.

All such terms are hereby incorporated by reference into these "Terms of Service".

Safety Checks

By using BuildZoom, you are providing us “written instructions” to procure a safety check on you to determine your eligibility for membership in the BuildZoom community. This safety check will include a search for criminal records that may be linked to you. All safety checks will be produced in accordance with the Fair Credit Reporting Act and applicable state laws.

Arbitration Agreement

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BUILDZOOM ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Definitions

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses any of the Services, including property owners, contractors and other users. The terms “you” and “your” refer to you, as a user of the Services. The terms “we”, “us”, “our”, and “BuildZoom” refer to BuildZoom, Inc., a Delaware corporation.

“Content” refers to text, images, photos, audio, video, and all other forms of data or communication. “Your Content” or “User Content” refers to Content that you submit or transmit to or through the Services, such as ratings, reviews, and information that you display as part of your account profile. “BuildZoom Content” means Content that we create and make available on the Services.

“Third Party Content” means Content that we have the right to display on the Services that is not BuildZoom Content or User Content, and includes Content of other users.

“Services Content” collectively refers to all of the Content that is made available on the Services, including User Content, Third Party Content and BuildZoom Content.

Changes to the Terms of Service

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this page. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

User Accounts and Services Usage

  1. You need to create an account and provide information about yourself in order to use some of the features on the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. We reserve the right to close your account at any time for any or no reason. You must be 18 years of age or older to register for or otherwise use the Services.
  2. A “Personal Account” is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create an account for anyone other than yourself, or provide an email address other than your own.
  3. A “Business Account” is an account to be used solely for the purpose of representing your business on the Services. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent.
  4. In accessing or using the Services, you may be exposed to Content that is offensive or inappropriate. BuildZoom does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Services at your own risk.
  5. You are responsible for the content and accuracy of all information submitted by you to BuildZoom. User Content does not represent the advice, views, opinions or beliefs of BuildZoom and BuildZoom makes no claim of accuracy of any User Content.
  6. BuildZoom allows for the posting of links to third-party Web sites. The linked Web sites’ content, business practice and privacy policies are not under the control of BuildZoom, and BuildZoom is not responsible for the content of any linked Web site or any link contained in a linked Web site. In accessing BuildZoom or following links to third-party Web sites you may be exposed to content you find offensive. You agree that your only recourse is to stop using BuildZoom.
  7. At any time, BuildZoom reserves the right (i) to reject or edit Your Content, and (ii) to remove Your Content from its Web site at our sole discretion.
  8. You agree to use BuildZoom for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site or duplication of Services Content and/or its processes and the inclusion of such processes or services in a derivative service.
  9. You acknowledge that BuildZoom may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained. You agree that BuildZoom has no responsibility or liability for the deletion or failure to store any Content. You acknowledge that BuildZoom reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that BuildZoom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Premium Services

  1. If you have subscribed to the Premium service tier, BuildZoom will provide guidance (the “Premium Service”) to you through the pre-construction phase of your home improvement project (“Project”) per the terms of this Section and the applicable order form (“Order Form”). The terms of this Section apply only to purchasers of the Premium Service, and only during the Premium Services Term (as defined below). The Premium Services are part of the Services.
  2. Custom Premium Services. At your request, BuildZoom may, at BuildZoom’s discretion, provide services that extend beyond those included in the Service (“Custom Services”) for additional compensation. Custom Services may be charged as fixed fees or billed at a reasonable rate. Such Custom Services and associated fees will be set forth on an Order Form. Any fees for Custom Services (“Custom Fees”) are based on the services and deliverables articulated on the Order Form. BuildZoom will charge an hourly rate specified on your Order Form for these services. A full accounting of time and effort allocated outside of the scope of the agreed upon services will be made available to Client.
  3. Payment for Premium Services. You agree to pay BuildZoom a flat fee (the “Premium Service Fee”) based on your selection of Premium Services, as well as any Custom Fees, each set forth on the Order Form. The Premium Service Fee will be payable in increments based on the payment schedule set forth in the Order Form (the "Payment Schedule"), and include a non-refundable down payment. Premium Service Fees and Custom Fees will be charged to your payment instrument on file as services are completed and the deliverables associated with those services are delivered, and you hereby authorize BuildZoom to make such charges.
  4. Savings Guarantee. If your Order Form indicates the BuildZoom Savings Guarantee applies, then if BuildZoom is not able to demonstrate project cost savings that exceed the Premium Service Fee, BuildZoom will make up the difference. These savings may come in the form of (a) a reduction in price between the first bid on your project that accounts for all services called for in its scope of work (a “Comprehensive Bid”) to the final Comprehensive Bid, (b) a discount negotiated with service providers, annotated as such on the final Comprehensive Bid, or (c) a change in the Project’s scope of work that optimizes for value, also known as a value engineered adjustment, annotated on the final Comprehensive Bid ((a)-(c) as applicable, the “Savings”). If the Savings are less than the Premium Services Fees, BuildZoom will refund you the difference between the Savings and the Premium Services Fees. If your Order Form does not indicate the BuildZoom Savings Guarantee applies, this subsection 4 (Savings Guarantee) shall have no force or effect.
  5. Rebate. If you hire a contractor recommended by BuildZoom, BuildZoom will provide a rebate on the Premium Service Fees as described in the Payment Schedule. If you have an outstanding balance of Premium Service Fees, the rebate will be credited toward that outstanding balance. Otherwise, BuildZoom will credit the payment instrument with the rebate value.
  6. Term and Termination for Premium Service. Terms related to the Premium Service will become effective once you have electronically signed an Order Form for Premium Services and BuildZoom has received the down payment (the “Premium Services Effective Date”), and remain effective until the Premium Service has been fulfilled (the “Premium Services Term”).

    Each party may terminate the Premium Service at any time upon written notice, for any or no reason. In the event you terminate the Premium Service, all outstanding Fees due for the Premium Service for the entirety of the then-current Term shall immediately become due and payable. In the event the Premium Service is terminated during a period between completion of increments, you shall pay BuildZoom a prorated amount of the Premium Service and Custom Fees based on work completed until the time of termination.

  7. Your Responsibilities. You have certain responsibilities in connection with any Premium or Custom Services:
    1. You shall provide information regarding the Project to BuildZoom in a timely fashion, including requirements for the Project, design objectives and constraints, budgetary limitations, additional service providers involved in the Project, and any material agreements executed with service providers.
    2. You shall furnish the services of additional consultants (e.g., geotechnical, soil, environmental) when such services are deemed necessary by BuildZoom (“Outside Services”).
    3. You shall commit to a reasonable timeline, as advised by BuildZoom, and make all relevant decision makers available to BuildZoom during the course of the Project.
    4. You shall include BuildZoom on all communications with service providers and shall not engage service providers directly without BuildZoom's acknowledgement.

Recording Consent and Mobile Devices

ALL TELEPHONE COMMUNICATIONS WITH BUILDZOOM MAY BE RECORDED AT BUILDZOOM’S SOLE DISCRETION, AND YOU HEREBY CONSENT TO SUCH RECORDING.

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding BuildZoom and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BuildZoom account information to ensure that your messages are not sent to the person that acquires your old number.

Suspension or Termination

BuildZoom may terminate or suspend your account or ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Services if you misuse the Services. Any such termination or suspension could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information.

User Content

  1. By posting Content, you are granting permission to BuildZoom to access it in a number of different ways, including displaying it on the Services, promoting it, distributing it, and other activities. As such, you hereby irrevocably grant BuildZoom a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable (through multiple tiers) license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from and otherwise fully exploit Your Content for any purpose. You also irrevocably grant the Services’ users and the users of any of our third party partners (“Other Media”) the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

    You also agree that:

    • your name may be made available to the public or the business you are reviewing;
    • you represent that you have all legal rights necessary for the Content submitted by you to be utilized pursuant to the foregoing license, including that each person identified, depicted, or shown in Your Content (and if a minor, the parent or guardian of the minor), if any, has provided consent to the use of Your Content pursuant to the foregoing license;
    • all of your reviews and ratings will be based upon your actual first-hand experiences with the business you are reviewing;
    • all of your reviews and ratings of the businesses that you are rating or reviewing will be accurate, honest, truthful, and complete in all respects;
    • you do not work for, own any interest in or serve on the board of directors of any of the businesses for which you submit reviews and ratings;
    • you are not in any way related (by blood, adoption or marriage or otherwise) to any of the businesses (or individuals who operate the businesses) for which you submit reviews or ratings;
    • you have not received any form of compensation to post reviews and ratings; and
    • you will not submit reviews with hyperlinks.
  2. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable.
  3. You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret; contains material that is false, intentionally misleading, obscene, defamatory, or otherwise objectionable; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation or any of your contractual or fiduciary obligations.

    You also agree that you will not use the Services in prohibited manners, including but not limited to the following:

    • interfering with or disrupting the Services or preventing, restricting, or inhibiting the use or enjoyment of the Services by others;
    • impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    • harvesting, scraping, or collecting BuildZoom Content or Third Party Content without expressing written authorization to do so;
    • attempting to bypass or break any security mechanism on any of the Services;
    • transmitting any material, information, or Content that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs or code or using the Services in any other manner that poses a security or service risk to BuildZoom, to any user of the Services, or to any other third parties;
    • testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade security;
    • using the Services in any manner that violates the Terms of Service, any requirements BuildZoom has communicated to you, or any applicable third party policies;
    • interfering with or disrupting networks connected to the Services or violation the regulation, policies or procedures of such networks;
    • transmitting to BuildZoom or using the Services to store personally identifiable informatio not needed by BuildZoom to deliver the Services;
    • creating an account for purposes of competitive evaluation or research;
    • or revealing your account password to others or allowing others to use your account.

    This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this provision will be made by BuildZoom in its sole discretion.

  4. We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
  5. BuildZoom and its licensees may display advertisements and other information adjacent to or included with Your Content on the Services and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
  6. You acknowledge and agree that BuildZoom may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BuildZoom, its users or the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Content

BuildZoom does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services. With respect to reviews and ratings, you acknowledge that BuildZoom simply acts as a passive conduit for the publication and distribution of such user-generated Content. You understand that all Content posted on, transmitted through or linked through the Services are the sole responsibility of the person from whom such Content originated. By using the Services, you may be exposed to Content that is inaccurate, misleading or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

Under no circumstances will BuildZoom be liable in any way for any Third Party Content, or for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You acknowledge that BuildZoom has no obligation to pre-screen Content, but that BuildZoom and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, BuildZoom and its designees will have the right to remove any Content that violates these Terms of Service or is deemed by BuildZoom, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Copyright Complaints

BuildZoom respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BuildZoom of your infringement claim in accordance with the procedure set forth below.

BuildZoom will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to BuildZoom’s Copyright Agent at support@buildzoom.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

BuildZoom, Inc.

548 Market St, Suite 14554

San Francisco, CA, 94104

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, BuildZoom will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, BuildZoom has adopted a policy of terminating, in appropriate circumstances and at BuildZoom's sole discretion, users who are deemed to be repeat infringers. BuildZoom may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Ownership

We own BuildZoom Content including but not limited to visual interfaces, design, code, use review ratings and all other elements and components of the Services excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the BuildZoom Content and the Services.

Billing

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide BuildZoom with valid credit card information to use the Service. BuildZoom reserves the right to modify its fees and charges and to introduce new charges at any time.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. If you sign up for a paid account, you will be billed monthly starting on the day your subscription is initially created. If you sign up for Premium Services, you will be billed in accordance with the Payment Schedule and any applicable Order Form(s).
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. BuildZoom does not accept any liability for such loss.

Cancellation and Termination; Modification of Services

  1. You are solely responsible for properly canceling your account by sending your request, in writing, to a BuildZoom representative.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  3. BuildZoom, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BuildZoom service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BuildZoom reserves the right to refuse service to anyone for any reason at any time.
  4. BuildZoom reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BuildZoom will not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services.

Apple-Enabled Software Applications

BuildZoom offers software applications (“Software”) that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
  • BuildZoom and you acknowledge that these Terms of Service are concluded between BuildZoom and you only, and not with Apple, and that as between BuildZoom and Apple, BuildZoom, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be BuildZoom’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • BuildZoom and you acknowledge that BuildZoom, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between BuildZoom and Apple, BuildZoom, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to BuildZoom as follows:

    support@buildzoom.com

    BuildZoom, Inc.

    548 Market St, Suite 14554

    San Francisco, CA, 94104

BuildZoom and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Warranties; Limitation of Liability

  1. THE SERVICES AND ALL SERVICES CONTENT ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BUILDZOOM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SERVICES CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SERVICES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICES OR SERVICES CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SERVICES. BUILDZOOM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BUILDZOOM OR THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
  2. BUILDZOOM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF BUILDZOOM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. IN NO EVENT WILL BUILDZOOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BUILDZOOM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
  3. BUILDZOOM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
  4. BUILDZOOM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH BUILDZOOM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
  5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
  6. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnification

You agree to indemnify and hold BuildZoom, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BuildZoom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BuildZoom. BuildZoom will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Consent

CONSENT: BY SUBMITTING YOUR CONTACT INFORMATION TO BUILDZOOM, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY BUILDZOOM, ITS PARTNERS, THE CONTRACTORS REGISTERED ON BUILDZOOM, THE PROJECT OWNERS REGISTERED ON BUILDZOOM, AND COMPANIES THAT RECEIVE YOUR PROJECT THROUGH ANY OF THE CONTACT MEANS (PHONE, TEXT MESSAGE, EMAIL, OR MAIL) YOU HAVE PROVIDED. YOU ALSO EXPRESSLY CONSENT TO BE CONTACTED BY SOME OR ALL OF THESE BUSINESSES BY PHONE, E-MAIL, TEXT OR SMS MESSAGING AT THE NUMBER OR EMAIL ADDRESS YOU HAVE PROVIDED, INCLUDING CALLS OR TEXT MESSAGES MADE USING AN AUTOMATED TELEPHONE DIALING SYSTEM OR USING AN ARTIFICIAL OR PRERECORDED MESSAGE, REGARDLESS OF WHETHER THE NUMBER(S) PROVIDED ARE ON AN CORPORATE, STATE, OR NATIONAL DO NOT CALL LIST OR REGISTRY. YOU ALSO EXPRESSLY CONSENT TO THE RECORDING OF ALL PHONE CALLS BETWEEN YOU AND BUILDZOOM, THE CONTRACTORS REGISTERED ON BUILDZOOM, OR THE PROJECT OWNERS REGISTERED ON BUILDZOOM. YOUR PROVISION OF SUCH CONSENT IS NOT A CONDITION OF ANY PURCHASE OR SERVICES.

Analyzing Your Communications

We may review, scan, or analyze your communications on the BuildZoom Platform, including all text messages and phone calls between you and BuildZoom, the contractors on BuildZoom, and the project owners on BuildZoom, for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask or alter contact information and references to other websites. In some cases, we may also scan, review, or analyze messages and phone call recordings to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. "Agreement to Arbitrate"

    This Section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and BuildZoom, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising or any aspect of the relationship or transactions between you and BuildZoom, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and BuildZoom are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  2. "Prohibition of Class and Representative Actions and Non-Individualized Relief"

    YOU AND BUILDZOOM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BUILDZOOM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

  3. "Pre-Arbitration Dispute Resolution"

    BuildZoom is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@buildzoom.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to BuildZoom should be sent to 548 Market St, Suite 14554, San Francisco, CA, 94104 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If BuildZoom and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or BuildZoom may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BuildZoom or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BuildZoom is entitled.

  4. "Arbitration Procedures"

    Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    Unless BuildZoom and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, BuildZoom agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

  5. "Costs of Arbitration"

    Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is [$75,000] or less, at your request, BuildZoom will pay all Arbitration Fees. If the value of relief sought is more than [$75,000] and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, BuildZoom will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, BuildZoom will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

  6. "Confidentiality"

    All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  7. "Severability"

    Without limiting the severability provision in Section 5 of the section titled “Miscellaneous” below, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than paragraph b. above (Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of such paragraph b. above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Service will continue to apply.

  8. "Future Changes to Arbitration Agreement"

    Notwithstanding any provision in this Terms of Service to the contrary, BuildZoom agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending BuildZoom written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Miscellaneous

  1. BUILDZOOM is a registered trademark of BuildZoom. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of BuildZoom. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by BuildZoom; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by BuildZoom in connection with the Service. All rights not expressly granted to you herein are reserved by BuildZoom.
  2. By registering for the Services or submitting Content, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of BuildZoom, BuildZoom reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
  3. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. Your obligations shall be binding on your heirs, successors and assigns.
  4. This Agreement shall be governed by and construed under the laws of California exclusive of its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, any suit hereunder will be brought in the federal courts in the Northern District of California or state courts located in San Francisco, California, and you submit to the personal jurisdiction thereof, consent to venue in such courts and waive any objection as to inconvenient forum. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
  5. These Terms of Service constitute the entire agreement between you and BuildZoom and govern your use of the Services, superseding any prior agreements between you and BuildZoom with respect to the Services. The failure of BuildZoom to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of BuildZoom, but BuildZoom may assign or transfer this Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
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