YOU ARE ENTERING A BINDING CONTRACT. MAKE NO USE OF OUR WEBSITES OR SERVICES UNTIL YOU HAVE READ AND AGREED TO THESE TERMS. YOU MAY SUBMIT PROPOSED MODIFICATIONS OR OPT-OUTS TO US FOR OUR CONSIDERATION IN WRITING BEFORE MOVING FORWARD. THESE TERMS WILL WAIVE YOUR SIGNIFICANT RIGHT TO A JURY TRIAL IN THE EVENT OF A DISPUTE. OUR LIABILITY WILL BE SIGNIFICANTLY LIMITED AND YOU WILL BE REQUIRED TO SUBMIT ANY DISPUTES BETWEEN US TO BINDING ARBITRATION INSTEAD OF A COURT OF LAW. YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THESE ARE SIGNIFICANT LIMITATIONS ON (AND WAIVERS OF) YOUR RIGHTS; WE UNDERSTAND IF YOU CHOOSE NOT TO MOVE FORWARD. WE NORMALLY HONOR REQUESTS TO OPT-OUT OF THE BELOW CLASS ACTION WAIVER, SO LONG AS YOU MAKE THAT REQUEST NOW, INSTEAD OF DURING OR AFTER A DISPUTE WITH US. WE WILL NOT NEGOTIATE MODIFICATIONS TO THESE TERMS IF YOU CHOOSE TO MOVE FORWARD AND USE OUR WEBSITES, SERVICES OR MAKE A PURCHASE FROM US.
These terms (“Agreement”) constitute the terms and conditions under which 1-800 Remodel, Inc. (“1-800Remodel,” “we,” or “us”) allows you, as the user/purchaser, along with any business entity you represent in purchasing our services, to use our websites, services, or purchase any produce or service from us (collectively the “Platform”). These are the terms under which we do business. All references to “user,” “you” or “your,” as applicable, also includes the person or entity which accesses, uses, and/or participates in our services in any manner. You may not access, use, and/or participate in the Platform if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. 1-800Remodel reserves the right to immediately terminate this Agreement for any reason at any time.
Your electronic agreement to this provision is legally binding just like a signed hard copy. You agree to do business with us electronically, but may opt-out later. This agreement is stored in a manner that you can print or request a paper copy by emailing us at compliance@1800remodel.com
You acknowledge that telephone calls to, from, or on behalf of 1-800Remodel, its agents, and/or its provider partners, may be monitored and recorded and you agree to such monitoring and recording. ALL IN INVOLVED WEBSITES MAY RECORD AND MONITOR YOUR INTERACTIONS WITH THEM, including your communications in consent forms and web chat features, for example. You agree to the same.
As explained at the point of online telephone number collection, when you type your name and telephone number into our website or otherwise submit the same to us, then click to submit the same, you agree that this shall act as your binding electronic signature and express written consent that 1-800Remodel, along with its agents, assigns, and any specific marketing partners you individually select and provide consent to, may email, call and text you at the email address and number(s) provided (or provided later), with marketing offers and other information, including possibly using an automatic telephone dialing system, prerecorded messages, and artificial/AI voices, even if you are on a DNC list and even outside of normal calling windows and on holidays. Consent is not a condition of purchase because you can always call us directly to obtain information or make a purchase. Standard telephone carrier rates apply and all communications may be recorded and monitored. You agree that we may share your information with other third-party brands who have offers or information we think you might be interested in. By consenting, you are expressly requesting that we share your information in this manner and for these purposes.
As explained at the point of online telephone number collection, when you type your name and telephone number into our website or otherwise submit the same to us, then click to submit the same, you agree that this shall act as your binding electronic signature and express written consent that 1-800Remodel, along with its agents, assigns, and any specific marketing partners you individually select and provide consent to, may email, call and text you at the email address and number(s) provided (or provided later), with marketing offers and other information, including possibly using an automatic telephone dialing system, prerecorded messages, and artificial/AI voices, even if you are on a DNC list and even outside of normal calling windows and on holidays. Consent is not a condition of purchase because you can always call us directly to obtain information or make a purchase. Standard telephone carrier rates apply and all communications may be recorded and monitored. You agree that we may share your information with other third-party brands who have offers or information we think you might be interested in. By consenting, you are expressly requesting that we share your information in this manner and for these purposes.
1-800Remodel reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. 1-800Remodel will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program. You also agree to be bound by 1-800Remodel’s then-current Privacy Policy, found here.
The 1-800Remodel project service Program is intended to provide an efficient, simple way for 1-800Remodel members or non-member visiting 1-800Remodel’s website, mobile application, or other 1-800Remodel tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a local service provider partner (“Service Provider”) who will quickly communicate with the Customer their availability and acceptance of the project (the “Project”) should the Customer select them to perform the work.
Upon using 1-800Remodel, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize 1-800Remodel to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either 1-800Remodel or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with 1-800Remodel and/or a Service Provider and thus agree to be contacted by 1-800Remodel and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or 1-800Remodel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1-800Remodel has the right to refuse any current or future use of the Program (or any portion thereof) or any other 1-800Remodel services by you. You are responsible for any use of the Program or any other 1-800Remodel services by persons to whom you intentionally or negligently allow access to your password.
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
The content that you provide does not reflect the views of 1-800Remodel, its officers, managers, owners, employees, agents, designees or other users. In addition, 1-800Remodel retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. 1-800Remodel may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, 1-800Remodel may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
1-800Remodel is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. 1-800Remodel is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. 1-800Remodel is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
1-800Remodel does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that 1-800Remodel simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that 1-800Remodel does not control, and is not responsible for content available through the Platform, and that by using the Platform, 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.
You further acknowledge that 1-800Remodel has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, 1-800Remodel reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will 1-800Remodel be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against 1-800Remodel relating to your content or the content or a service provider or other third party, and release 1-800Remodel from any and all liability for or relating to any such content.
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
1-800Remodel does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, 1-800Remodel is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve 1-800Remodel. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that 1-800Remodel is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against 1-800Remodel relating to any interactions or dealings with any service provider, and release 1-800Remodel from any and all liability for or relating to any interactions or dealings with service providers.
1-800Remodel may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, 1-800REMODEL DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
By agreeing to this Agreement, 1-800Remodel grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of 1-800Remodel.
1-800Remodel reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that 1-800Remodel will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that 1-800Remodel may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
1-800Remodel is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
1-800Remodel appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other 1-800Remodel product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of 1-800Remodel. In addition, none of the Submissions will be subject to any obligations of confidentiality and 1-800Remodel will not be liable for any future use or disclosure of such Submissions.
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of 1-800Remodel or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT 1-800REMODEL ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. 1-800REMODEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR 1-800REMODEL COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1-800REMODEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 1-800REMODEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT 1-800REMODEL IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, 1-800REMODEL’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 1-800REMODEL CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO 1-800REMODEL THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR 1-800REMODEL, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY 1-800REMODEL. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY 1-800REMODEL. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT 1-800REMODEL SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless 1-800Remodel, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. 1-800Remodel will have sole control of the defense of any such damage or claim.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by 1-800Remodel, 5850 W 3rd St #160, Los Angeles CA 90036. If you have any questions, concerns, or complaints regarding the Services, please contact 1-800Remodel, Inc. by (i) signing into your account and visiting 1800remodel.com to chat with a specialist; or (ii) sending a letter, first class certified mail, to 1-800Remodel5850 W 3rd St #160, Los Angeles CA 90036 Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of 1-800Remodel.
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
This Agreement along with the 1-800Remodel Terms of Use, Privacy Policy, and any separate Membership Agreement (if applicable) entered into by you and 1-800Remodel governs your use of the Program and Program and constitutes the entire agreement between you and 1-800Remodel with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and 1-800Remodel regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to 1-800Remodel under this Agreement.
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and 1-800Remodel and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Thank you, and we look forward to working with you!
