Terms & Conditions
“Content” means User Content and The Builder Market IncContent together.
“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, project posting requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through The Builder Market Inc.
“Customer” means a customer who is registered to receive quotes from Pros, requests quotes from Pros, or otherwise uses The Builder Market Inc to receive, pay for, review, or facilitate the receipt of services from Pros.
“Member” means a person or entity who completes The Builder Market Inc’s account registration process or a person or entity who submits or receives a request through The Builder Market Inc, including but not limited to Customers and Members.
“Services”, “Platform”, or “The Builder Market Inc” means all The Builder Market Inc’s websites, mobile or other applications, software, processes and any other services provided by or through The Builder Market Incs.
“Pros ” means the services listed, quoted, scheduled, offered or provided by Members, or sought, scheduled or received by Customer or Member, through the Platform.
“Pros” means a Member who is registered to send quotes or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision services from Pros.
“Content” means all Content The Builder Market Inc makes available on or through the Platform, including any Content licensed from a third party.
“Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Customer, Member or Pro or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform.
This Website and the services of The Builder Market Inc LLC (the “Services”) are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by The Builder Market Inc LLC and collectively referred to herein as “The Builder Market Inc,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at [email protected] We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on June 20, 2020.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to The Builder Market Inc, its affiliates, (collectively, “The Builder Market Inc” or “us”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Customers and Pros offered through The Builder Market Inc, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using The Builder Market Inc. The Builder Market Inc’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using The Builder Market Inc, you represent and warrant that: (i) you are at least 18 years old and are capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use The Builder Market Inc is personal to you and is not transferable to any other person or entity.
INTRODUCTION TO The Builder Market Inc
Upon registration, you may choose your own password to access the Services through the The Builder Market Inc website or apps.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Builder Market password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Builder Market immediately of any unauthorized use. Builder Market is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Builder Market or others due to such unauthorized use. Your account is nontransferable except with Builder Market’s written permission and in line with Builder Market policies and procedures.
THE STANDARD SERVICES
At The Builder Market Inc we are committed to maximizing our helpfulness for you and ensuring that you have a positive experience. There are several ways you can find service professionals through Builders Makret (collectively, “Pros”). Our projects board is our service where you post a project for a specific task, and we submit your project posting to Pros, as well as make your project posting available to the public. You may select or search for Pros from Directory, a directory of Service Professional members along with their photos of past work, ratings and reviews. You can also search for photos of work completed by Pros in our inspiration galleries.
- Posting a Project. Upon entering your information and the request for which you would like a Pro, we will attempt to match you with Pros in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Pro or that there are Pros in your area that are either capable or willing to complete your service needs.
- You can view a directory of Pros in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Pros from their customers, when available.
- Virtual Visits. With our Virtual Visits, you can request that The Builder Market Inc connect you with a Pro using Powered by Streem. Streem, Inc is a third-party vendor with the technology and platform to make Virtual Visits possible. The Builder Market Inc is not liable for any issues that occur during or after a Virtual Visit. The Builder Market Inc is not liable or responsible for any breach of confidentiality or disclosure of information that may occur during a Virtual Visit. The Builder Market Inc and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via The Builder Market Inc’s messaging platform.
- No Guarantees or Endorsements. We do not examine the credentials of the Pros listed on our website, we make no guarantees, warranties or representations regarding the skills or undertakings of Pros or the quality of the job that he or she may perform for you if you elect to retain their services. The Builder Market Inc does not endorse or recommend the services of any particular Pro or Pros. Except for the Pros that have been marked as ‘Vetted’, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Pro and the Pro’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Pro. We do not guarantee or warrant any Pro’s performance on the job or the outcome or quality of the services performed. The Pros are not employees or agents of The Builder Market Inc, nor is The Builder Market Inc an agent of Pros.
- No Contracting via the The Builder Market Inc Website. The Builder Market Inc may inform you of certain offers or discounts provided by a Pro. Such offers or discounts are made solely by the Pro, and The Builder Market Inc does not guarantee or warrant the pricing or discounts that a Pro may offer you. Any quotes provided by Pros via the The Builder Market Inc or apps, or which you find on the The Builder Market Inc or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via The Builder Market Inc. No contractual arrangement is created based upon the quotes provided to you from Pros (or your scheduling of an appointment with a Pro) via The Builder Market Inc. To contract with a Pro, you must work directly with the Pro. The Builder Market Inc does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Pros are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. The Builder Market Inc is not a party to such agreements. All payments and applicable taxes must be made to the Pro in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Pro or the fees charged by any Pro, you must address such dispute with the Pro directly (although you may copy The Builder Market Inc on the fee disputes). YOU HEREBY AGREE TO RELEASE The Builder Market Inc (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PRO.
YOUR USE OF THE THE BUILDER MARKET INC SERVICES AND PROHIBITED USES
You agree not to copy/collect The Builder Market Inc content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use The Builder Market Inc to recreate or compete with The Builder Market Inc, to solicit or harass Pros, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to The Builder Market Inc for any such damages, and will indemnify The Builder Market Inc in the event of any claims against The Builder Market Inc based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any The Builder Market Inc Services, products or properties at any time. All information about Pros is confidential and for your personal use only. If it is determined or suspected by The Builder Market Inc in its sole discretion that you are misusing or attempting to misuse or circumvent the The Builder Market Inc services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, The Builder Market Inc reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
INFORMATION YOU PROVIDE TO US/TCPA CONSENT
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE BUILDER MARKET INC AND THE PROS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE BUILDER MARKET INC AND EACH PRO WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $1,000 TO EACH OF The Builder Market Inc AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
By submitting a project posting, you agree that The Builder Market Inc and the Pros may send you informational text (SMS) messages as part of the normal business practice of The Builder Market Inc. You may choose to opt-out of receiving text (SMS) messages from The Builder Market Inc at any time by texting the word STOP. You acknowledge that by opting out of receiving text (SMS) messages from The Builder Market Inc and the Pros, your use of The Builder Market Inc Services may be impacted. The Builder Market Inc and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via The Builder Market Inc’s messaging platform.
You acknowledge and agree that The Builder Market Inc may monitor and/or record any telephone calls between you and The Builder Market Inc.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on The Builder Market Inc, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as “Content”) is the sole and exclusive property of The Builder Market Inc, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant The Builder Market Inc and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the The Builder Market Inc and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to The Builder Market Inc, you represent and warrant to The Builder Market Inc that you own or have all necessary rights to use the Content, and grant to The Builder Market Inc the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. The Builder Market Inc reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any The Builder Market Inc owned or operated websites or apps if The Builder Market Inc determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage The Builder Market Inc.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Content. By making available any Content on or through the Platform, you hereby grant to The Builder Market Inc a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Platform will not be used by The Builder Market Inc in public advertising. In the interest of clarity, the license granted to The Builder Market Inc shall survive termination of the Platform or your Account. The Builder Market Inc does not claim ownership rights in your Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
- You acknowledge and agree that you are solely responsible for all Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to The Builder Market Inc the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or The Builder Market Inc’s use of your Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that The Builder Market Inc may proofread, summarize or otherwise edit and/or withdraw your Content, and you understand it remains your sole responsibility to monitor your Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
- The Builder Market Inc reserves the right, at any time and without prior notice, to remove or disable access to Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
· SERVICE PRO VETTING PROCEDURES AND DISCLAIMERS.
The following only applies if there’s a ‘Vetted’ disclaimer on a Pro’s business listing page, The Builder Market Inc may use all or a portion of the following criteria as part of its vetting process (“Vetted”) for Pro. We perform the below screening, or a portion of the screening based on the classification of the Pro, after the Pro has explicitly asked us to perform a vetting:
- Licensing – We confirm that a prospective new Pro business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, The Builder Market Inc relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings – For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search – We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional’s application for membership in the The Builder Market Inc network. The Builder Market Inc’s third-party vendor uses a national criminal database (“NCD”) to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search – We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) – The Builder Market Inc verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: THE BUILDER MARKET INC PERFORMS SCREENING SOLELY AT THE TIME THE PRO EXPLICITLY REQUESTS THIS SERVICE TO BE CONDUCTED BY The Builder Market Inc, AND THEREFORE A PRO’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, The Builder Market Inc CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. The Builder Market Inc IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors (“Corporate SP’s”) of larger national or corporate accounts (“Corporate Accounts”). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP’s. The above screening criteria is not applicable to Corporate Accounts, and therefore, The Builder Market Inc does not screen the Corporate Accounts or Corporate SP’s. Pros Business Listing: The Builder Market Inc allows Pros to post profiles about themselves and their business on the The Builder Market Inc or apps. The Builder Market Inc does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Pro. The Builder Market Inc therefore makes no representations or warranties regarding any information posted by a Pro, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of The Builder Market Inc. The Builder Market Inc believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after they have been vetted by The Builder Market Inc. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. The Builder Market Inc does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that The Builder Market Inc checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources. DISCLAIMER: The Builder Market Inc