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:
All such terms are hereby incorporated by reference into these "Terms of Service".
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.
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.
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”).
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.
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:
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:
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.
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.
BuildZoom uses a variety of data sources to determine a contractor’s baseline eligibility for inclusion into the Services. In some cases, we may apply additional measures to gather data on you that may require your consent. By using BuildZoom, you are providing us with “written instructions” to procure a safety check on you to determine your eligibility for membership in the BuildZoom community. This safety check may 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. Please note this provision does not guarantee that BuildZoom has or will run a search for criminal records on a contractor included in the Services.
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 email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
548 Market St, Suite 14554
San Francisco, CA, 94104
To be effective, the notification must be in writing and contain the following information:
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:
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.
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.
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.
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).
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 firstname.lastname@example.org. 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.
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.
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.
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.
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.
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).