Terms and Conditions
San Francisco, CA
Effective Date: 5/10/2018
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website,www.remodelzz.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to Remodelzz Inc. the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. A “Service Provider” is a company or individual that has registered with our Website to list their services and products on our website.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members, Service Providers, or by us, are collectively known as our “Content”. We distinguish content posted by our Members and Service Providers as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Remodelzz Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Remodelzz Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.remodelzz.comPrivacy Notice, do not use this Website or our Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Los Angeles, California, and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Remodelzz Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Remodelzz Inc.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Remodelzz Inc.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member or a Service Provider. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users and Service Providers who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Remodelzz Inc. has sole right and discretion to determine whether to accept a Member or Service Provider and may reject their registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Service Providers Profile
If you are a service provider, you can set up a professional profile that will let you post, profile pictures, photos, descriptions of your products and servicesand other content. By setting up a profile, you agree to give us the right to list your profile, feedback, and ratings on our website or in our mobile app. Your profile will be visible to other users, Service Providers, and to the general public.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. Remodelzz Inc. reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Items and Products That Are Prohibited to Sell
If you are a Service Provider who is authorized to offer their products through www.remodelzz.comyou agree that you will not offer any of the following types of prohibited products:
Products that are illegal in any jurisdiction
Products that infringe on the trademarks or copyrights of others
Products that contain violence or pornography
Products that contain racist or hatred content
Products that display cruelty towards people or animals
If you have a product or service that is questionable whether you should offer it for sale or not, please contact us at: email@example.com to see if it is an item or service that is on our prohibited list of items and services.
Our Website publishes content supplied by third parties, Users, advertisers, and Service Providers. Accordingly, Remodelzz Inc. has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including Service Providers, Users, or any other user of our Website, are those of the respective author(s) and not of Remodelzz Inc.Remodelzz Inc. does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Service Providers. These Service Providersare responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and theService Providers. You agree that use of or purchase from such service is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US.
Remodelzz Inc. does not endorse Service Providers listed on our website, nor do we guarantee and specific results by using their products or services. We have no obligation to approve or monitor content posted by Service Providers or members on our website, nor do we take any responsibility for the content they post. We do reserve the right to delete any content (including photos), that in our sole judgement, is inappropriate or violates our terms and conditions.
It is the users’ responsibility to evaluate the accuracy of any services or products posted by Service Providers or Members. You should use whatever resources available to you to investigate the reputation of Service Providers before hiring them or buying their products. Asking for testimonials from their past customers is a good start. Checking with the Better Business Bureau is a way to see if they have had any work-related complaints filed against them. An Internet search about their company may reveal a considerable amount of information about them.
By purchasing any products or services from our website, user agrees to and is knowingly assuming any and all risk associated with using these products or services.
Remodelzz Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members, of our Website, or by Remodelzz Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Remodelzz Inc. is not responsible for the online or offline conduct of any User or Service Provider of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Remodelzz Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member or Service Providers’ communications.
Remodelzz Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Remodelzz Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Remodelzz Inc. INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Remodelzz Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Remodelzz Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Remodelzz Inc.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Remodelzz Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, SERVICE PROVIDERS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF
Remodelzz Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Remodelzz Inc.’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members and Service Providers may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Remodelzz Inc. is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Remodelzz Inc. will submit all necessary information to relevant authorities.
If any Member Content is reported to Remodelzz Inc. as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Remodelzz Inc. If the Member fails to meet such a request,
Remodelzz Inc. has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Remodelzz Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Remodelzz Inc., our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Remodelzz Inc. a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Remodelzz Inc. its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Remodelzz Inc. its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Remodelzz Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Return and /or Canceled order policy
It is up to you to verify the accuracy of all the information you provide to us when ordering products. Once an order has been placed, it cannot be changed. However, under some situations, orders can be modified or canceled. Remodelzz, Inc is not responsible for lost or misplaced orders because of inaccurate order information you gave to us.
Items Delivery Refusal
Refusing delivery for items that are in box that is not appeared damaged refusal cannot be accepted by Remodelzz and will not be eligible for refund as part of this agreement .If at the time of delivery the box appears to be significantly or slightly damaged and you have reasonable believe the item is damaged do to currier handling, then in this case take picture and or video the order may be refused.
Customers are responsible for all costs driven by a refused delivery for product not damaged. Or as described herein.
International Shipping (Outside of the United States)
You may be charged customs duties or taxes. You are responsible for all customs duties, taxes, and fees charged by the country you live in. This includes and orders that are refused or if the delivery could not be made. It is your responsibility to contact the customs office in your country to find out what duties, taxes and other charges may apply to your order.
For manufacturer warranties, please see the warranty hyperlink to the individual manufacturer’s warranty. Custom orders cannot be returned unless the manufacturer determines it was defective. If defective, it will be covered under the manufacturer’s warranty.
You can return products within 14 days from the time it was delivered to you. Your return will be subject to a restocking fee of 50%. If you are returning the product because you ordered the wrong product, size, or changed your mind, you will have to pay for return shipping. If you want to return the product because we sent you the wrong product, we will pay for return shipping and there will be no restocking fee. Your product must be returned in the original packaging without any missing components and not be damaged.( Example no water damage, scratches, gouges, rubs fading discolorations, cracks, cheeps, signs of usage or have been assembled, no writing marks on product or on original box.
Items that will be replaced will be done so by the manufacture and not by Remodelzz Inc.
Please note: some items sold on our website will have a different return and shipping policy that may be specified in the shopping cart. Always read the return and shipping policy before placing your order.
If you have a product to be returned, please email us at firstname.lastname@example.org tell us your intent to return one of our products and include your name (or the name on the order), order number, date, and the product(s) you want to return and the reason for returning them.
Return Shipping Address
After obtaining an authorization from us, you may ship your return to:
please get Label from Remodelzz customer service
We will refund all qualifying returns to your credit card or PayPal account within 7 days of receiving your return. Refunds will be 50% less of the total purchase price. Your original shipping charges will not be refunded, and you will pay the return shipping and handling cost. Unless the shipping was a result of our error.
For returns that we receive that exceeds the 14-day limit, we reserve the right to deny a refund, issue a partial refund, or issue a credit, at our sole discretion.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and Service Providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
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