These terms and conditions act as a contractual agreement (“Agreement”) between you and Remodeling Mate ( “us”, “we”, “our”), and applies to your use of remodelingmate.com (“Site”) as well as the purchase and use of packages and services available through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 13.
2. LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site and any Packages or the Service you purchase. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any Site information or Packages or Service materials without our express consent. You further understand no ownership rights in this Site, the Packages or Service are being granted to you.
3. NO AFFILIATION OR ENDORSEMENT. Remodeling Mate is in no way affiliated with or endorsed by any state or national licensing board or group. Any reference to such entities is undertaken on a fair use basis.
4. PROHIBITIONS. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, Packages, or Service. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
5. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site, Packages, or Service. We reserve the right to seek all remedies available by law and in equity for such breaches.
6. NO WARRANTIES. REMODELING MATE HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND PACKAGES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND PACKAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PACKAGES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR PACKAGES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR PACKAGES WILL BE UNINTERRUPTED OR ERROR-FREE.
7. LIMITED LIABILITY. REMODELING MATE DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PACKAGES, SERVICES, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH YOUR INABILITY TO OBTAIN EMPLOYMENT, LOST EARNINGS, OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, PACKAGES, OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THREE TIMES THE FEE YOU PAY FOR THE PACKAGE OR SERVICE IN QUESTION UPON WHICH YOUR CLAIM IS BASED. SHOULD THE CLAIM INVOLVE MULTIPLE PURCHASES, LIABILITY SHALL NOT EXCEED THREE TIMES THE MOST EXPENSIVE PURCHASE MADE BY YOU PRIOR TO THE CLAIM. SHOULD THE CLAIM ARISE FROM INFORMATION ON THE SITE AND NOT A PACKAGE OR SERVICE.
8. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
10. TERMINATION. We reserve the right to no longer make available all or part of the Site, Packages, or Service at any time in our sole discretion.
11. COMMUNICATION. When you contact us you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
12. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Remodeling Mate, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of Remodeling Mate, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
14. AFFILIATED SITES. Remodeling Mate has no control over and assumes no liability for any third party websites or materials. Remodeling Mate works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Remodeling Mate has no control over the content and performance of these partner and affiliate sites, Remodeling Mate makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Remodeling Mate assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
15. PROHIBITED USES. Remodeling Mate imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Remodeling Mate; or (f) automatically or manually scraping or copying the content from the Site or a Product without our consent. Any violation may subject you to civil and/or criminal liability.
16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of Remodeling Mate or by any third party.
21. MODIFICATIONS. Remodeling Mate may, in its sole discretion, modify or amend this Agreement at any time. Remodeling Mate shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this agreement.