TERMS AND CONDITIONS
Welcome to Remodel Pro360!
Remodel Pro360 is owned and operated by Remodel Pro360 Inc.
These are the terms and conditions for:
By registering as a user and using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the Remodel Pro360 website, "we", "us", "our" and "Remodel Pro360" refer to Remodel Pro360 and "user", "you" and “your" refer to you, the user of Remodel Pro360.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Remodel Pro360 accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Remodel Pro360. By using the platform, you agree to be bound by this agreement, whether you are a “visitor” (which means that you simply browse Remodel Pro360 platform) or you are a “user” (which means that you have registered on Remodel Pro360 as a Contractor or Home Owner). If you do not accept the terms of this agreement, you should leave Remodel Pro360 platforms and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Remodel Pro360. You agree to be bound by any modification to this agreement when you use Remodel Pro360 after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Remodel Pro360 may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
2. ELIGIBLITY
You may use the platform and services only if you can form a binding contract with Remodel Pro360, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform is prohibited to persons under 18 years of age. The platform and user registration is only available to persons over 18 years of age. Remodel Pro360 reserves the right to perform the necessary verifications during user registration.
The platform and services may not be available to any users previously removed by Remodel Pro360. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
3. THE SERVICES
A. Platform
Remodel Pro360 is a technology marketplace where homeowners and contractors can identify themselves and buy and sell services related to home and space remodeling. Subject to the terms of this agreement, Remodel Pro360 provides services to Home Owners and Contractors, including hosting and maintaining the platform, and enabling the formation of contracts. When a Home Owner and a Contractor enter into a contract, the Home Owner and Contractor use the platform to engage, communicate, invoice and pay online.
Unless otherwise agreed by Remodel Pro360 in a separate written agreement with you, the platform is made available solely for your personal, non-commercial use. Remodel Pro360 does not itself provide the Contractor services. The provision of all Contractor services is up to the Contractors. Remodel Pro360 platform, offers information and a method to obtain such Contractor services, but does not and does not intend to provide such services, and has no responsibility or liability for any service and/or work product provided to you by Contractors, including, but not limited to, a warranty of fitness for a particular purpose or compliance with any law, regulation, or code. Remodel Pro360 is not affiliated with, endorsed or sponsored by any third-party Contractor.
B. Users
Contractors: Contractors are those users who register on the Remodel Pro360 platform for the purpose of submitting service proposals on the Home Owners' profiles. If you wish to register as a Contractor, you must read this agreement and indicate your acceptance during the registration process. Remodel Pro360 reserves the right to make any necessary verifications during the registration process. For the purpose of verifying the account on the platform, Contractors will be required to provide the following documents:
• Business Corporate State License
• City License
• Liability Insurance
• Bond Insurance
The documents may be provided in scanned form or by camera photo. Remodel Pro360 reserves the right to refuse the verification of any profile that does not provide all the required documents. Account verification is mandatory to activate the account and to send proposals to Home Owners.
In consideration of your use of the platform, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Remodel Pro360 (b) provide accurate, current and complete information about the home and space remodeling services you offer on the platform (c) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Remodel Pro360 reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time.
Home Owners: Home Owners are those users who register and access the Remodel Pro360 platform to post bids for home remodeling works, for the purpose of receiving proposals for services from Contractors. If you wish to become a Home Owner, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service as a Home Owner, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Remodel Pro360 and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Remodel Pro360 reserves the right to suspend or terminate your account and refuse any and all current or future use of the Platform at any time.
C. How it works?
Contractors
1. Send service proposals to Home Owners: send service proposals according to home remodeling work bids posted by Home Owners. Describe your organization and services in the proposal and include specific pricing and time frames for your services. Be as specific as possible so that Homeowners know exactly what they will get for the money they pay.
2. Communicate promptly: Respond to Home Owners' inquiries in a reasonable amount of time.
3. Build your reputation: Be sure to treat all your customers equally and try to provide the best possible service, regardless of the value of the transaction. Satisfied customers will recommend you to their friends and acquaintances.
4. Charge for your services: The Home Owner will accept the proposal and make the payment set forth in the proposal to begin the work. Once the work and services are completed and the Home Owner is satisfied with your work and services, Remodel Pro360 will release the funds paid by the Home Owner for such services and the funds will be credited to your account and available for withdrawal.
Home Owners
1. Post a work offer according to your needs: post a work offer related to the remodeling of homes and spaces according to your needs in order to receive proposals for services from Contractors. Be as clear and detailed as possible regarding the purpose and scope of work. Provide a detailed description of the work and include photos and videos.
2. Accept the proposal: Compare the Contractors' proposals, services, prices, deadlines and recommendations and choose the proposal that best suits your needs. If you have a specific question, just send a query to the Contractor through the chat available on the platform. Be as detailed as possible so that the Contractor can offer you the quality service you expect.
3. Make the corresponding payment: Make the payment agreed in the proposal through the payment system available on the platform. Your payment will remain secure until you confirm that the service has been provided or performed to your satisfaction.
4. Manage the transaction: Exchange files and comments with the Contractor through the chat and the transaction system incorporated in the platform. The Contractor will perform or deliver the service within a specified timeframe.
5. Approve the service provided: Once you are satisfied with the service performed by the Contractor, you can mark the transaction as completed, and we will ensure that the Contractor receives payment. Help the community by rating the service and leaving a comment for the Contractor.
D. Services
At such time as the Home Owner accepts a proposal for services offered by the Contractor, the Homeowner and the Contractor shall be deemed to have entered into a contract under which the Homeowner agrees to purchase and the Contractor agrees to provide the Contractor's services.
You are solely responsible for ensuring that you comply with your obligations to Contractors. If you do not, you may become liable to such Contractor. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Home Owner, or in any other uses you make of the Remodel Pro360 services.
If a Contractor breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Home Owner Contract or for any damages to your person, property or rights caused by Contractor.
Depending on their jurisdiction, Home Owners and Contractors may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these terms is intended to override a right that by applicable law may not be excluded.
Each Home Owner and Contractor acknowledges and agrees that the relationship between such Home Owner and any Contractor is that of an independent contractor. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between any Home Owner and any Contractor. Nothing in these terms shall in any way be construed as forming a joint venture, partnership or a Home Owner-employee relationship between Remodel Pro360 and any Home Owner or Contractor.
E. Home Owner Deliverables
Home Owner grants Contractor a limited, non-exclusive, revocable right (at any time, at Home Owner's discretion) to use Home Owner's content and information as necessary for the provision of the services. Home Owner reserves all other rights and interests, including, without limitation, all proprietary rights, in and to Home Owner's content. Upon completion or termination of the services agreement, or upon Home Owner's written request, Contractor shall promptly return all Home Owner content and agrees to delete all copies of Home Owner's information and content and work product located on Contractor's premises, on Contractor's systems or on any other equipment under Contractor's control.
F. Work Product
Any copyrightable works or works for hire prepared by Contractor in connection with a fixed-price contract for Home Owner shall be owned by the Contractor until payment has been made by the Home Owner and accepted by the Contractor.
To the extent that under applicable law, proprietary rights cannot be assigned, Contractor hereby irrevocably agrees to grant, and hereby grants, to Home Owner an exclusive (excluding also Contractor), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize work product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Contractor hereby irrevocably agrees to grant, and hereby grants, to Home Owner, such rights as Home Owner reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Home Owner will be able to acquire, perfect and use such proprietary rights, Contractor will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing work product to Home Owner; (ii) sign any documents at Home Owner's request to assist Home Owner in the documentation, perfection and enforcement of its rights; and (iii) provide Home Owner with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights. Contractor also irrevocably authorizes Home Owner to act and sign on Contractor's behalf and take any necessary steps in order to perfect Home Owner's rights under this Agreement. In the case that under applicable law, Contractor retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights" or other inalienable rights to work product or confidential information under this agreement, Contractor irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Contractor cannot waive such rights, Contractor agrees not to exercise such rights, until Contractor has provided prior written notice to Home Owner and then only in accordance with any reasonable instructions that Home Owner issues in the interest of protecting its rights.
Contractor shall ensure that no work product created or delivered by Contractor includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Contractor or a third party including, without limitation, code written by proprietary software companies or developers in the open source community without obtaining the prior written consent of the Home Owner to the inclusion of such pre-existing IP in the work product. Contractor acknowledges that, without limiting any other remedies, Contractor shall not be entitled to payment for, and shall refund any payments to Contractor for, any services performed on a contract if the work product contains any pre-existing IP that was not approved in accordance with this section.
G. Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Remodel Pro360 content and platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Remodel Pro360 content and the services, except as expressly permitted by Remodel Pro360; (iii) decompile, reverse engineer or disassemble the Remodel Pro360 platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Remodel Pro360 platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Remodel Pro360 platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Remodel Pro360 platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Remodel Pro360 platform or its related systems or networks.
H. Third Party Services and Content.
The Remodel Pro360 platform may be made available or accessed in connection with third party services and content (including advertising) that Remodel Pro360 does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Remodel Pro360 does not endorse such third-party services and content and in no event shall Remodel Pro360 be responsible or liable for any products or services of such Contractors.
I. Ownership.
The Remodel Pro360 platform is owned and operated by Remodel Pro360 Inc. Neither these terms nor your use of the Remodel Pro360 convey or grant to you any rights: (i) in or related to the Remodel Pro360 except for the limited license granted above; or (ii) to use or reference in any manner Remodel Pro360’s company names, logos, product and service names, trademarks or services marks or those of Remodel Pro360’s licensors.
4. YOUR USE OF THE SERVICES
A. Accounts
To use most aspects of the Remodel Pro360 platform, you must register and maintain an active user account. You must be at least 18 years of age, or the legal age of majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to Remodel Pro360 certain personal information, such as your name, address and cell phone number, as well as at least one valid payment method (either a credit card or an accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Remodel Pro360 platform. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Remodel Pro360 in writing, you may only possess one account. Contractor profiles must accurately represent the Contractor’s experience, skills, and personal information.
By providing Remodel Pro360 with your email address and phone number, you agree that we may use your email address and phone number (SMS messages) to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications, SMS notifications and other messages, such as changes to service features, news and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special offers on our products.
B. Home Owner Requirements and Conduct
The service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive or provide Contractor Services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Remodel Pro360 services (including, without limitation, all applicable labor laws), and you may only use the Remodel Pro360 services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Remodel Pro360 services cause nuisance, annoyance, inconvenience, or property damage, whether to the Contractor or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Remodel Pro360 services, and you agree that you may be denied access to or use of the Remodel Pro360 platform if you refuse to provide proof of identity.
C. Acceptable Use
During the term of this agreement, you may use the Remodel Pro360 platform solely for your personal use (or for the use of a person, including a company or other organization that you validly represent). You may use the Remodel Pro360 services to book Contractor services only with respect to a location where you are legally authorized to receive Contractor services or to provide Contractor services. You may not use the Remodel Pro360 services for any other purpose or in connection with any commercial endeavor without our prior written consent. You may not use the Remodel Pro360 platform in violation of any law, statute, ordinance or regulation. You agree that an order for Services from Contractors is an offer, which is only accepted when you receive an order confirmation. You agree to treat Contractors courteously and lawfully, and to provide reasonable cooperation to Contractors to enable them to provide the Services. The Contractors undertake to provide the Services offered, upon acceptance of the order, with quality and professionalism, and to provide such Services in a courteous and lawful manner and to the best of their ability, and to accept the order only if the Contractor is qualified and capable of providing such Services.
D. Deactivation and Suspension
Remodel Pro360 may suspend your user account or limit the use of the user account at any time with prior notice. Remodel Pro360 may suspend the account while considering any case related to a possible violation or breach of these terms and conditions or any unauthorized use of the platform.
Remodel Pro360 will notify you in writing of the reasons for account suspension, as required by law. If you wish to appeal the account suspension decision, please contact us via our contact information within 14 days of receipt of the account suspension notice, with the reasons for your appeal.
If Remodel Pro360 suspends or disables the account or limits the use of the Remodel Pro360 platform in accordance with these terms and conditions to the offending user, the user is prohibited from registering and creating a new account under his or her name or business name, a false or borrowed name, or the name of any third party, even if the user may be acting on behalf of a third party.
Even after your right to use the platform is suspended or terminated, these terms and conditions will remain enforceable against you or any third party. Remodel Pro360 reserves the right to take any necessary legal action at any time.
Remodel Pro360 reserves the right to modify or discontinue, temporarily or permanently, all or any part of the platform at its sole discretion. In cases where Remodel Pro360 must suspend, modify or discontinue the operation and availability of the platform, Remodel Pro360 will provide users with advance notice. Remodel Pro360 shall not be liable to you or any third party for any modification or interruption of the operation of the platform. Remodel Pro360 has the right to restrict any person from completing registration as a user if such person may threaten the security and integrity of the platform or the use of the platform by other users.
Users can cancel their accounts at any time and for any reason through the account settings on the platform or you can cancel your account by sending us your request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data granted to Remodel Pro360.
E. Community Areas: The Remodel Pro360 platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You shall NOT use the Remodel Pro360 platform (including but not limited to any Community Areas) to do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Remodel Pro360 staff.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
• Use the Remodel Pro360 platform or any Contractor Services for any purpose or in any manner that is in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
• Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
• Advertise or offer to sell any goods or services for any commercial purpose through the Remodel Pro360 platform which are not relevant to the services offered through the Remodel Pro360 platform.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or a user or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
• Post the same note repeatedly. Spamming is strictly prohibited.
• Download any file posted by another user that a user knows, or reasonably should know, cannot be legally distributed through the Remodel Pro360 services.
• Restrict or inhibit any other user from using and enjoying the Community Areas.
• Imply or state that any statements you make are endorsed by Remodel Pro360, without the prior written consent of Remodel Pro360.
• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Remodel Pro360 platform in any manner.
• Hack or interfere with the Remodel Pro360 platform, its servers or any connected networks.
• Adapt, alter, license, sublicense or translate the Remodel Pro360 platform for your own personal or commercial use.
• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Remodel Pro360.
• Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
• Use the Remodel Pro360 platform to solicit for any other business, platform or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Remodel Pro360 platform as set forth herein.
• Use the Remodel Pro360 platform to collect usernames and or/email addresses of users by electronic or other means.
• Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in community areas, and Remodel Pro360 will not be responsible for the action of any users with respect to any information or materials posted in community areas.
F. Home Owner or Contractor Provided Content
Remodel Pro360 may, in Remodel Pro360’ sole discretion, permit you (whether Home Owners or Contractors) from time to time to submit, upload, publish or otherwise make available to Remodel Pro360 through the Remodel Pro360 platform, textual, audio, and/or visual content and information, including commentary and feedback related to the Remodel Pro360, initiation of support requests, and submission of entries for competitions and promotions. Any content provided by you remains your property. However, by providing content to Remodel Pro360, you grant Remodel Pro360 a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform such content in all formats and distribution channels now known or hereafter devised for the purpose of providing services through the Remodel Pro360 platform or otherwise in connection with Remodel Pro360’ business; provided that Remodel Pro360 will try to notify you if it uses your content for any reason other than displaying it on the Remodel Pro360 platform.
G. Feedback System
The platform will have a rating system, where users will be able to rate each other once the service is finished and register their comments when making and completing each transaction within the platform. The opinions of Home Owners and Contractors are the sole responsibility of the Home Owners themselves. Remodel Pro360 does not control or modify the comments made by Home Owners or Contractors or the ratings made by them at the end of each transaction. Home Owners are solely responsible for the content and comments they post on the platform.
H. Promotional Codes
Remodel Pro360 may, in its sole discretion, create promotional codes that may be redeemed for credit on the platform, or other features or benefits related to Remodel Pro360's and/or a Contractor's services, subject to any additional terms Remodel Pro360 establishes per promotional code. Users agrees that promotional codes (i) must be used for their intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted on a public form or otherwise), unless expressly permitted by Remodel Pro360; (iii) may be deactivated by Remodel Pro360 at any time and for any reason, without liability to Remodel Pro360; (iv) may only be used in accordance with the specific terms Remodel Pro360 sets forth for such promotional code; (v) are not valid for cash; and (vi) may expire prior to use. Remodel Pro360 reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional codes by you or any other user in the event that Remodel Pro360 determines or believes that the use or redemption of the promotional code was erroneous, fraudulent, illegal or in violation of the terms of the applicable promotional code or these terms.
5. PAYMENTS, PAYOUTS AND COMMISSIONS
Home Owners understand that use of the Remodel Pro360 platform may result in charges to you for services you receive from a Contractor. After a Home Owner has received services, Remodel Pro360 will facilitate your payment of the applicable charges on behalf of the Contractor, as such Contractor's limited collection agent. Payment of charges in this manner shall be deemed the same as payment made directly by the Home Owner to the Contractor. Charges shall include applicable taxes where required by law. Charges paid by Home Owner are final and non-refundable, unless otherwise determined by Remodel Pro360 in its sole discretion. Both Home Owner and Contractor reserve the right to request a modification of the charges for services or goods received by Home Owner from such Contractor, and such modified charges for a particular service or good shall become the new charges if such modification is agreed to by Home Owner and Contractor.
All charges are due immediately and payment will be facilitated by Remodel Pro360 using the preferred payment method designated in Home Owner’s account, after which Remodel Pro360 will send Home Owner a receipt by email. If Home Owner’s primary account payment method is determined to be expired, invalid or otherwise not able to be charged, Home Owner agrees that Remodel Pro360 may, as the Contractor’s limited payment collection agent, use a secondary payment method in Home Owner’s account, if available. Subject to Remodel Pro360’ rights under these terms, Remodel Pro360 will generally require payment from a Home Owner prior to the performance of the applicable Contractor services and will remit payment to Contractor after Home Owner has confirmed that the Contractor services have been performed; provided that, notwithstanding anything to the contrary in these terms, Remodel Pro360 shall in no event be responsible for any non-payment or late payments by Home Owners.
Remodel Pro360 reserves the right to withhold payment made by Home Owners until the services offered and provided by Contractor are satisfactorily received. Once the services are received and completed by the Contractor and the Home Owner is satisfied with the services and considers the order completed, Remodel Pro360 will release the funds paid by the Home Owner for such service and the funds will be credited to the respective Contractor's account.
A. Payment methods
Services and proposals offered by Contractors shall be paid by the following methods of payment:
• Credit/Debit Card (Visa, Mastercard, American Express, Discover).
The appropriate payment will be charged to the payment method selected by the Home Owner at the time of acceptance of the proposal for services set forth by the Contractor. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide us.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
B. Payouts and Commissions: Contractors will pay a commission of (insert commission percentage) to Remodel Pro360 of the total amount paid by Home Owners for each proposal accepted through the platform. The payment made by Home Owners less Remodel Pro360's commission will be credited to the respective Contractor's account and may be withdrawn upon request by the Contractor through the withdrawal options available on the platform. Payment to Contractors will be made through the payment processors available on the platform according to the withdrawal method selected by the Contractor. From each payment made for each service performed by Contractors, (insert commission percentage) will be deducted as Remodel Pro360 commission. The remaining amount will be credited to the Contractor's respective user account to be withdrawn when requested by the Contractor. The value of the commission shall be deducted from each payment made by Homeowners prior to any deduction for applicable fees or taxes. Each time a payment is made by Home Owners and the Remodel Pro360 commission is deducted, a receipt will be sent to the Contractor.
6. COPYRIGHT AND CONFIDENTIALITY
A. Copyright
All materials on the platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Remodel Pro360 or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all materials on the platform are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Remodel Pro360 prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Remodel Pro360 or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
B. Copyright infringement
Remodel Pro360 will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Remodel Pro360 respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Remodel Pro360 can find it on the platform. Note that providing a top-level URL is not sufficient.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
Upon receipt of a copyright infringement request, Remodel Pro360 will contact the allegedly infringing user to enable the user to respond to the request.
Responses to copyright infringement requests must contain the following:
• The physical or electronic signature of the user;
• The identification of the content that has been removed or the place where the content was posted;
• A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
• The name, address and telephone number of the user; and
• A statement that the user consents to the jurisdiction of the court in which the user is located.
All copyright infringement requests and responses may be submitted through our contact information.
C. Confidential Information
You acknowledge that confidential information (as hereinafter defined) is a valuable, special and unique asset of Remodel Pro360 and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of confidential information. You shall promptly notify Remodel Pro360 in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of confidential information. You shall use best efforts to protect confidential information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing confidential information to Remodel Pro360 upon termination of this Agreement for any reason whatsoever. The term “confidential information” shall mean any and all of Remodel Pro360’s trade secrets, confidential and proprietary information and all other information and data of Remodel Pro360 that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
7. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
A. Disclaimer
The services displayed or offered through the Remodel Pro360 platform (including, without limitation, the Contractor's services) are provided "as is" and without any warranty of any kind by Remodel Pro360 or others. The Remodel Pro360 services are provided on an “as is” and “as available” basis. Use of the Remodel Pro360 services is at the user’s own risk. To the maximum extent permitted by applicable law, the Remodel Pro360 services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Remodel Pro360 and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet user’s requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Remodel Pro360 does not guarantee the quality, suitability, safety or ability of Contractors. Users agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with user, to the maximum extent permitted under applicable law. You agree to not hold Remodel Pro360 responsible for your actions or omissions or the actions or omissions of any client or Contractor.
B. Limitation of Liability
Remodel Pro360 shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Remodel Pro360 has been advised of the possibility of such damages. Remodel Pro360 shall not be liable for any damages, liability or losses arising out of: (i) your provision of or use of or reliance on the Remodel Pro360 services or your inability to access or use the Remodel Pro360 services; or (ii) any transaction or relationship between client and any Contractor, even if Remodel Pro360 has been advised of the possibility of such damages. Remodel Pro360 shall not be liable for delay or failure in performance resulting from causes beyond Remodel Pro360’ reasonable control. Home Owners acknowledges that Contractors providing Contractor services may not be professionally licensed or permitted. In no event shall Remodel Pro360 's total liability to you in connection with the services for all damages, losses and causes of action exceed the total fees paid by, or received by you to/from Remodel Pro360 during the six (6) months prior to the time such claim arose.
Remodel Pro360’ services may be used by client to request and schedule services with Contractors, but you agree that Remodel Pro360 has no responsibility or liability to you related to any goods or logistics services provided to client by Contractors or with respect to client’s use of the Contractor services (including non-payment) other than as expressly set forth in these terms.
The limitations and disclaimer in this section, do not purport to limit liability or alter client’s rights as a consumer that cannot be excluded under applicable law.
C. Indemnity
You agree to indemnify and hold Remodel Pro360 and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Remodel Pro360 platform or services or goods obtained or provided or sold through your use of the Remodel Pro360 platform, including any data or content transmitted or received by you, or any other party’s access or use of the Remodel Pro360 services with your username and password; (ii) your breach or violation of any of these terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Remodel Pro360’ use of your content; or (iv) your violation of the rights of any third party, including Contractors and Home Owners.
8. DISPUTES BETWEEN CONTRACTORS AND HOME OWNERS
Your interactions with organizations and/or individuals found on or through the Remodel Pro360 platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Remodel Pro360 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between any Home Owners and/or Contractors, or between Home Owners and/or Contractors any third party, you agree that Remodel Pro360 in its sole discretion may determine the amount of the charges and to whom to remit such charges, provided that Remodel Pro360 is in no event under any obligation to become involved in any such dispute. In relation to disputes with any other Home Owners or Contractors, you hereby agree to indemnify Remodel Pro360 from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute or our determinations with respect thereto.
9. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform shall be resolved by binding arbitration between you and Remodel Pro360, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Remodel Pro360 may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of services posted and offered through the platform.
The courts of the United States, specifically the courts located in the State of Illinois, shall have jurisdiction over any dispute, controversy or claim relating to Remodel Pro360 and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Illinois.
10. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our privacy policy. Please refer to our privacy policy.
11. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Remodel Pro360 for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Contractor, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
12. MISCELLANEOUS
A. Choice of Law
These terms and conditions are governed by the laws of the United States, without giving effect to any conflict of law principles. Use of Remodel Pro360 platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.
B. General
You may not assign these terms without Remodel Pro360 prior written approval. Remodel Pro360 may assign these terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Remodel Pro360's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Remodel Pro360 as a result of this agreement or use of the Remodel Pro360 platform. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Remodel Pro360's failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Remodel Pro360 in writing.
13. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
Remodel Pro360 Inc.
Email: contact@remodelpro360.com