1. Formation of Agreement. By using the remodeleze.com Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site in any way or otherwise use the remodeleze.com Services without being registered) or you are a “Member” (which means that you have registered with remodeleze.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the remodeleze.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations and the terms of this Agreement. Please read this Agreement and save it, either by printing a hard copy of it or by saving a copy of the web page on which it is displayed to your computer. If you do not agree to be bound by this Agreement and to follow all applicable laws and regulations, you immediately should leave the Site and discontinue any use of the remodeleze.com Services. If you wish to become a Member, communicate with other Members, and/or make use of the remodeleze.com Services, you must read this Agreement and indicate your acceptance of this Agreement during the registration process.
2. Amendments of Agreement. Remodeleze.com may modify this Agreement from time to time. Any such modification shall be effective upon posting by remodeleze.com on the Site. If you have registered as a Member, remodeleze.com will give you notice of the posting. Your continued use of the remodeleze.com Services after remodeleze.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You may not modify, amend, or change this Agreement in any manner, but you are free to terminate your membership at any time.
3. Who and What We Are. Remodeleze.com is a neutral venue – an innovative community and network for the remodeling industry. Remodeleze.com is not a provider or vendor of remodeling products or services, or an agent or representative or any such provider or vendor. Remodeleze.com members (“Members”) include homeowners and others interested in learning about remodeling (collectively, “Consumer Members”) and individuals and companies offering products and services related to remodeling (“Professional Members”). We and the Site function solely as a neutral venue where Consumer Members and Professional Members may connect for a particular type of service or product. We are not involved in or a party to any transaction between Members. As a result, We have no control over and no responsibility for the quality, accuracy, safety, or legality of the transactions between Members that take place on or through our Website, the accuracy of listings, or the ability of Professional Members to provide items or services.
4. Membership. Remodeleze.com membership is available only to validly formed and existing entities and to individuals at least 18 years of age who can form legally binding contracts under applicable law. Remodeleze.com Services are not available to minors, to temporarily or indefinitely suspended Members, or to persons outside the United States of America, its territories and its possessions. Remodeleze.com membership is void where prohibited. You may not transfer or sell your remodeleze.com membership to another party; however, If you are a Professional Member and an entity, and you sell your business to a third party, We may consent to the transfer of your remodeleze.com membership to the buyer of your business upon application forwarded to us at email@example.com. If you are registering a business entity, you and the entity each warrant and represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you warrant and represent that you are at least 18 years of age and are able to enter into a legally binding contract. Professional Members who propose to sell goods and services to Consumer Members must have and maintain current all applicable licenses for the conduct of your business in every jurisdiction in which you operate. By joining remodeleze.com, you agree to (a) provide us with accurate, complete information about yourself and to update this information as it changes; (b) abide by all of the terms and conditions of this Agreement; (c) safeguard your username and password; and (d) be responsible for all activity in your membership account.
5. Notices to Consumer Members.
a. Remodeleze.com does not provide any of the products or services advertised or offered by Professional Members. We do not endorse any Professional Member, nor do We guarantee the quality of their goods or services. Any and all verbal or written communications, correspondence, or any warranties or representations, made with regard to products and services offered through the remodeleze.com Services are not provided by us and are specifically and solely between you and the Professional Member. Any transaction you enter into with a Professional Member is strictly between you and the Professional Member, and remodeleze.com is not a party to that transaction. Any dispute you have with another Member is between you and that Member. We will not be a party to that dispute, except with regard to your misuse of the Site as discussed in Section 18 below, and you hereby agree to indemnify and defend us against, and to hold us harmless from, any and all claims and damages, including costs and reasonable attorney’s fees, in any way related to any such dispute.
b. We use techniques to help verify the identity of Professional Members when they register for memberships on our Site; however, remodeleze.com cannot and will not guarantee each Professional Member’s identity or its capabilities. In addition, We cannot guarantee that information provided by or about Professional Members on the Site is accurate. We have implemented a user managed feedback system to help you evaluate Professional Members with whom you are proposing to transact business. You should use remodeleze.com as a starting point for identifying vendors to provide the products and services you need for your remodel, then conduct your own research to ensure that Professional Members with whom you choose to do business are appropriate for you. That research should include checking the license status of a contractor with the contractor’s licensing board in your state, and checking the business reputation of the Professional Members with the Better Business Bureau (which you can do on line at http://welcome.bbb.org/).
6. Notice to Professional Members. Remodeleze.com will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with other Members; nor are We responsible for assisting you in providing goods and services to Members. While all Members are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Member is strictly between you and the Member, and remodeleze.com is not a party to that transaction. Any dispute you have with another Member is between you and that Member. We will not be a party to that dispute, and you hereby agree to indemnify and defend us against, and to hold us harmless from, any and all claims and damages, including costs and reasonable attorney’s fees, in any way related to any such dispute.
7. Prohibited Activities. Visitors and Members may not:
a. Create an account in another’s name;
b. Create more than one account;
c. Use another’s account;
d. Impersonate another person or entity;
e. Use the Site or the remodeleze.com Services to violate any applicable law, statute, ordinance or regulation (collectively “Laws”), encourage others to do so, or offer instructions on how to do so;
f. Offer to provide products or services that violate any Laws, or offer any products or services in a manner that violates any Laws;
g. Collect or harvest information about Members, including but not limited to use of robots, spiders, or similar means;
h. Use information on the Site to send unsolicited email to Members;
i. Do anything that interferes with or places an undue burden on the Site (as determined by remodeleze.com in its sole discretion);
j. Use the Site if your membership has been temporarily or permanently suspended or revoked; or
k. Violate any terms of this Agreement.
8. BUSINESS PROFILE PAGE APPLICATION AND PUBLISHING.
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY. IT IS IMPORTANT THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. BY AGREEING VERBALLY TO THIS AGREEMENT OR CHECKING"I ACCEPT", YOU AGREE THAT THESE TERMS AND CONDITIONS WILL GOVERN YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE USE OF A remodeleze.com PROFILE PAGE AND LOCAL SEARCH MARKETING SERVICES. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE remodeleze.com TO PUBLISH OR GUARANTEE THE PLACEMENT OF SEARCH RESULTS WITH ANY ONLINE SEARCH SERVICE OR SEARCH ENGINE.
SECTION 1 — APPLICATION By checking "I accept" or verbally agreeing to these terms, the user ("USER") indicates acceptance of these terms and conditions and requests remodeleze.com to publish via a Profile Page ("Profile Page") information provided by USER related to USER’S business on various electronic media, including, without limitation, remodeleze.com’s service ("Electronic Listing"). Electronic Advertising may also incorporate data from USER’s websites or other USER data items identified on this Advertising Application or submitted for use on a Profile Page, whether or not linked to or made a part of the Electronic Listing. The "Application Date" is the date the USER confirms acceptance of these terms and conditions and submits an order.
SECTION 2 — PAYMENT (a) Credit Approval. USER hereby authorizes remodeleze.com to contact such third parties as remodeleze.com deems appropriate (including not limited to any of USER's banks, creditors and any credit reporting agency) to verify any information provided by USER, or to obtain credit information regarding USER in connection with this Application. (b) Refunds and Credit Card Payments. Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card, if there are any periodic charges for publication of a Profile Page, those charges may be billed automatically to a credit card provided by USER. USER may designate another credit card, if USER believes that someone has used its credit card or credit card number without authorization. Unless remodeleze.com agrees to or requires other billing arrangements, publication charges will be automatically billed to the credit card USER designated during the application process. Remodeleze.com reserves the right to collect and send to collections any outstanding balance after 30 days from payment due date. (c) Term. The term of this agreement shall be month-to-month unless a longer contract term is selected via the remodeleze.com order form, verbally when speaking with a remodeleze.com employee/representative or by selecting and confirming product purchase online.
SECTION 3 — CONTENT (a) Profile Page Advertising Copy. "Advertising Copy" means all content or other data including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs or other likenesses of persons (including minors), and endorsements provided by USER and other content included on or linked to USER’s on-line Profile Page, including any content submitted on-line by USER or any person(s) using its password(s) ("Authorized User(s)"). Remodeleze.com has the right in its sole discretion to change the wording, size, font or images associated with any of the Advertising Copy to conform it to remodeleze.com’s policies, procedures, standards or practices and or to the policies of any third parties upon whose site or network the Advertising Copy may be published on behalf of USER or remodeleze.com. USER represents and warrants that it has the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all Advertising Copy in any medium and in (or in connection with) any listing or advertisement published under this Application without the consent or authorization of any other person or entity. USER further represents and warrants that (i) it has the right to provide the Advertising Copy to remodeleze.com and the authority to grant remodeleze.com all rights afforded by these terms and conditions without the approval or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by remodeleze.com or its sub-licensees will not violate or infringe any copyright or other intellectual property right or privacy rights of any other person or entity. USER agrees to immediately notify remodeleze.com in writing if any proceeding contesting such rights or delegation thereof is initiated by any third party. (b) USER's Representations. USER represents and warrants that (i) all statements contained in the Advertising Copy are truthful and not misleading; (ii) that it is authorized to provide the services and products advertised; (iii) the Advertising Copy complies with all applicable laws and regulations; (iv) it has all of the applicable licenses and permits required to provide the goods and services offered in connection with the contemplated Electronic Advertising) in all of the geographic areas covered by the Listing; and (v) it will notify remodeleze.com immediately if it becomes aware of any facts or circumstances indicating that any of the representations herein are, or become, untrue. USER understands and agrees that remodeleze.com does not approve or endorse any product or service described in any advertising, and specifically consents to the publication by remodeleze.com or its Affiliates of the advertising of any other person in any Listing at any time, although such advertising may compete with or be in direct competition with the products or services or USER. (c) remodeleze.com’s Rights in Advertising Copy. If remodeleze.com creates or supplies any Advertising Copy, USER agrees that: (i) USER is responsible for the content, but that remodeleze.com retains all rights in and/or ownership of any such Advertising Copy and USER will not have any right therein except as expressly set forth in this Advertising Application; (ii) remodeleze.com reserves the right to supply such Advertising Copy to other publishers; (iii) USER has no right to use advertising developed with content created or supplied by remodeleze.com except in connection with this Advertising Application; and (iv) USER will not have the right to allow others to use such advertising or any such content. USER waives any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy. It is USER’s responsibility to review and request changes to any Advertising Copy created or supplied by remodeleze.com. USER understands and agrees that remodeleze.com will own the compiled data it collects from USER, the copyright for all compiled Listings and all copyrighted portions of each Listing, and all rights associated therewith. (d) Appearance. USER acknowledges that published advertising may be of a lower quality or otherwise differ from the original Advertising Copy or from electronic representations supplied by remodeleze.com in clarity, color, contrast, focus, size and other features. USER releases remodeleze.com from any liability for advertising of inferior quality produced from substandard Advertising Copy. USER acknowledge that the size, color, font, highlighting and arrangement of listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated listing's enhancements may be omitted (e.g., the listing may appear as a basic listing) as a result of a distribution affiliate's hardware, software or system limitations or browser settings or the manner in which the listing is transferred to any third party prior to its display to the user. (e) Distribution. USER grants to remodeleze.com the absolute, non-exclusive, irrevocable, royalty-free, unrestricted right, license and authority to: (i) use, reproduce, publish, publicly perform, display, distribute and prepare derivative works based upon any Advertising Copy, and any changes thereto that USER or its agents provide to remodeleze.com hereunder, or that remodeleze.com or its agents may otherwise develop or use hereunder, in whole or in part, in such manner, format, and media as remodeleze.com may deem appropriate and for such purposes as it may see fit, subject to applicable law and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded remodeleze.com and to further sublicense these rights, subject to such terms and conditions as remodeleze.com may deem appropriate. (f) USER's Obligation to Verify Information. USER understands that it is USER’s obligation to verify that the data provided to remodeleze.com on this Advertising Application accurately matches the information on file with USER’s telephone company relating to USER’s business telephone service account.
SECTION 4 — NO OBLIGATION TO PUBLISH USER understands that this Advertising Application is not a commitment by remodeleze.com to publish or to have published by any search engine or other third party any advertising or create an Electronic Listing or any portion thereof. Remodeleze.com will only be bound by this Advertising Application if and to the extent that remodeleze.com publishes advertising. If remodeleze.com fails to publish some advertising, USER’s sole remedy shall be a refund of money previously paid for that portion of the advertising not published. Upon refund of money previously paid to remodeleze.com, it shall have no further obligation to USER.
SECTION 5 — LOCATION OF ADVERTISEMENTS AND HEADINGS USER’s agrees that (i)remodeleze.com will determine all headings that will appear in the Listing and has the right to approve or reject USER’s selection of a heading, (ii) remodeleze.com does not guarantee that USER’s advertising will appear under a specific heading or position within a heading in any Electronic Listing, (iii) remodeleze.com does not guarantee that any advertising will appear at any specific place, position, or location on the electronic directory page(s) or directory listings for the world wide web ("www"), or at a specific url address on the internet, or at a specific location within any other Electronic Listing, or that the url or keywords of any advertising will be placed with any particular search engine, and (iv) Headings are included only for the user's convenience, and remodeleze.com does not warrant or guarantee that USER’s listing under a given heading provides the service or product described in that heading or conforms to all applicable legal or regulatory requirements for providing that product or service.
SECTION 6 — PUBLICATION USER understands and agrees that remodeleze.com cannot and does not guarantee the number of people who will view any Electronic Advertising. Accordingly, for the purposes of this Advertising Application, remodeleze.com will be deemed to have published USER’s Electronic Advertising if it includes USER’s Profile Page in the remodeleze.com database or otherwise hosts the advertising so that it is accessible to Internet users or search engines through remodeleze.com in response to appropriate queries and searches. USER understands that remodeleze.com may change the specifications of USER’s Electronic Advertising at any time upon notice. In the event such change is material to USER’s Electronic Advertising, notwithstanding anything to the contrary herein, USER may cancel its advertising as its sole remedy by providing remodeleze.com with written notice immediately upon receipt of remodeleze.com’s notice of changes. Remodeleze.com may (but is not obligated to) make the remodeleze.com listing available, in whole or in part, to end users through various search engines, applications, facilities, websites and web services, including without limitation (i) other websites owned and/or operated by remodeleze.com, (ii) such additional sites as remodeleze.com may directly or indirectly employ from time to time in its provision of such Electronic Listing to intermediaries and end users of other commercial applications, websites and web services, which are owned, hosted or provided by third parties to whom remodeleze.com has agreed to provide such Electronic Listing services, and (iii) such other applications, media and communications channels and protocols of any kind, mechanisms and facilities as remodeleze.com may employ in the provision and delivery of such Electronic Listing to end users.
SECTION 7 — CANCELLATION / SUSPENSION (a) In the event of cancellation of advertising by USER in accordance with the terms hereof, USER will remain liable for the payment of all charges incurred through the contract term. (b) remodeleze.com may cancel any or all of advertising or temporarily and/or permanently suspend its provisioning of, or access to Electronic Advertising, in whole or in part, without prior notice at any time in its sole discretion for any reason, including without limitation, if remodelze.com concludes that: (i) USER is in breach of any term of this Advertising Application; (ii) it determines that any advertising might be obscene or indecent, or otherwise objectionable or might violate a third party's intellectual property or is otherwise legally actionable.
SECTION 8 — LIMITATION OF LIABILITY USER understands that, except for its obligations to pay remodeleze.com damages under Section 9 hereto: (1) the total amount of damages that remodeleze.com may recover from me related to this Advertising Application will not exceed the sum of the charges owed for the items of advertising at issue, plus late charges and other costs payable under Section 3; and (2) remodeleze.com agrees to waive any claim for damages to the extent such damages exceed this amount. USER agrees: (1) that the total amount of damages that it may recover from remodeleze.com related to this Advertising Application will not exceed the lesser of (a) the amount (as determined by remodeleze.com) by which the value of the item of advertising at issue was decreased or (b) the sum of the charges USER has paid for the items of advertising at issue (the lesser amount being referred to as the "Liability Cap"); and (2) to waive any claim for damages to the extent such damages exceed the Liability Cap. Remodeleze.com will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Section 14 will apply to the full extent permitted by law. Further, it will apply to any claim that USER may have against remodeleze.com, any affiliate or agent of remodeleze.com, any party that provides fulfillment or other services related to this Advertising Application, or any "Third Party Distribution Contractors." "Affiliate" means remodeleze.com, any of its subsidiaries and/or any of its affiliates. "Third Party Distribution Contractors" means third parties for whom remodeleze.com provides a co-branded or private-label directory or through whom remodeleze.com otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (such as negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in USER’s advertising; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of remodeleze.com. In no event will remodeleze.com, any Affiliate or agent of remodeleze.com, or any Third Party Distribution Contractor, be required to correct, or to give any special notice regarding, any error or omission in any Listing.
SECTION 9 — REMODELEZE.COM’S DAMAGES To the full extent permitted by law, USER agrees to pay any expenses or damages incurred by remodeleze.com, any affiliate or agent of remodeleze.com, any party that provides fulfillment or other services to remodeleze.com related to this Advertising Application, and any Third Party Distribution Contractor, including all of its attorney's fees and expenses, which expenses or damages result from claims brought by other parties regarding (a) the publication of advertising as requested by this Advertising Application or in accordance with USER’s Advertising Copy (or changes USER makes or requests thereto) or the content on or the operation of any website(s) included in USER’s advertising or to which USER’s advertising links, (b) any breach of any of USER’s obligations, representations, warranties or covenants under this Advertising Application, (c) transactions initiated through any Electronic Advertising (including without limitation, any taxes or shipping and handling charges applied thereto), (d) payment processing services provided by any third party, or (e) any agreement or arrangement between USER and any third party (including without limitation any agreement(s) between USER and a third party payment processing company).
SECTION 10 — LINKS If USER’s advertising contains links, it hereby: (1) grants to remodeleze.com and its sub-licensees a royalty-free unrestricted right and license to establish such links and to link users of its advertising to the website(s) designated in its advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within its advertising; and (2) represents and warrants that (a) it has the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which its advertising links complies in all respects with all applicable laws and regulations.
SECTION 11 — REMODELEZE.COM MAY ACT AS SALES AGENT USER understands and agrees that remodeleze.com may be acting as a sales agent for another publisher. If remodeleze.com is acting as a sales agent for another publisher, USER agrees that its contract is with remodelez.com and that remodeleze.com will not be liable for any damages related to such advertising. In addition, USER agrees that, if it attempts to bring any claim against any entity related to such advertising, such entity will also be entitled to assert any defense that remodeleze.com is provided in this Advertising Application.
SECTION 12 — GENERAL DISCLAIMERS remodeleze.com disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this Advertising Application, including without limitation (i) remodeleze.com does not warrant that the advertising will be published without error or omission, (ii)remodeleze.com disclaims any warranty of merchantability or fitness for a particular purpose, (iii) remodeleze.com does not warrant the number of responses to USER’s advertising, any other business benefit or the suitability of USER’s advertising for any business purpose, (iv) remodeleze.com may change the content, form or appearance of any Listing at anytime, including but not limited to removing, reducing or expanding business listings or sections, and (v) remodeleze.com may also change the geographic area or areas covered by the listings in, or the distribution of, any Listing.
SECTION 13 — SECURITY / ELECTRONIC TRANSACTIONS USER agrees that it is solely responsible for maintaining and ensuring the security of any and all passwords obtained from remodeleze.com or its contractor in connection with USER’s Advertising, and that USER will be directly responsible for all conduct, acts or omissions on the part of any of its Authorized Users. USER acknowledges and agrees that the conduct of any Authorized Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind it, to the same extent as though evidenced by the signature of it authorized representative. Remodeleze.com may revoke USER’s password or deny USER or any Authorized User access to any back office functionality, in whole or in part at any time in remodeleze.com’s reasonable discretion. USER acknowledges that the server space upon which Electronic Advertising is hosted, and the Internet connections through which any transactions conducted in connection with e-commerce enabled advertising, will be unsecure, unless otherwise indicated by remodeleze.com in writing.
SECTION 14 — DOMAIN NAMES USER authorizes remodelez.com to host any website Electronic Advertising requested under this Advertising Application at any extension or sub domain of any of remodeleze.coms' Internet domains which remodeleze.com deems appropriate. USER acknowledges that it is solely responsible for conducting any trademark searches and other similar activities which may be necessary or appropriate in relation to the selection, evaluation and appropriateness of any custom domain name(s) which USER may request remodeleze.com to link to, and that remodeleze.com will have no liability or obligation to me whatsoever in the event of any third party claims against USER.
SECTION 15 — ADDITIONAL DISCLAIMERS Without limiting the general disclaimers contained above, remodeleze.com also does not warrant the following: (i) remodeleze.com does not warrant that USER’s advertising will be published or withdrawn on a particular day, (ii) remodeleze.com does not warrant that a specific number of persons will access or download the Listing, any portion of the Listing, any heading or any advertising (and does not otherwise warrant the effectiveness of any Electronic Advertising or any service ancillary thereto), (iii) remodeleze.com does not warrant that remodeleze.com’s service, any Electronic Advertising or any service ancillary thereto will be uninterrupted or error free and does not warrant any connection to or transmission over the internet, (iv) remodeleze.com does not warrant that any advertising will be placed on any co-branded or private label version of remodeleze.com Electronic Listing (or any other version provided through a Third Party Distribution Contractor), and (v) remodeleze.com makes no warranties and will have no liability regarding services provided by third parties (including without limitation any internet service provider or local exchange carrier).
SECTION 16 — FORCE MAJEURE Neither USER nor remodeleze.com will be in breach of its obligations under this Advertising Application (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Advertising Application. Such causes will include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of remodeleze.com or USER.
SECTION 17 — ENTIRE AGREEMENT This Advertising Application (describes the entire agreement between remodeleze.com and USER and supersedes any other oral or written agreements regarding the Electronic Advertising specified in this Advertising Application, except for any increase in the limitation of liability agreed to in writing by both parties. Neither USER nor any agent of remodeleze.com may amend these terms and conditions or add any provision to or delete any provision from this Advertising Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Advertising Application is binding on remodeleze.com . Moreover, USER confirms that USER has not relied upon any such representation in entering into this Advertising Application.
SECTION 18 — GOVERNING LAW USER and remodeleze.com agree that this Advertising Application and all disputes relating to this Advertising Application will be governed by and interpreted according to the laws of the State of California.
SECTION 19 — AUTHORITY The person checking on the "I accept" box hereby certifies that he or she is either USER, or that he or she has been lawfully authorized to submit this Advertising Application and authorize the placement of advertising on behalf of USER.
SECTION 20 — SUCCESSORS AND ASSIGNS This Advertising Application will be binding on and inure to the benefit of me and USER’s successors.Remodeleze.com may assign this Advertising Application. USER may not assign any of its rights or delegate any of itsy duties under the Advertising Application without prior written consent of remodeleze.com.
SECTION 21 — WAIVER OF RIGHTS Except as otherwise set forth in this Advertising Application (including the provisions of Section 7), neither USER nor remodeleze.com will lose any of its rights under this Advertising Application even if it does not enforce a right or delays in enforcing a right. BY CLICKING THE "I ACCEPT" BUTTON BELOW, USER REPRESENTS THAT ITS AUTHORIZED REPRESENTATIVE HAS READ AND UNDERSTANDS THIS ELECTRONIC ADVERTISING APPLICATION. USER AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN TO THE SAME EXTENT THAT WOULD OCCUR IF ITS DULY AUTHORIZED AGENT’S ORIGINAL SIGNATURE WAS AFFIXED HERETO. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND USER, DO NOT CLICK "I ACCEPT" AND COMPLETE AN ONLINE ORDER.
9. Additional Terms and Conditions. You acknowledge and agree that We have the sole discretion to establish and post additional terms and conditions for your use of the Site at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the terms and conditions set forth herein, the those additional terms and conditions shall govern the particular transaction to which they relate.
10. Fees. There are currently NO Fees to join remodeleze.com, either for Consumer Members, or for Professional Members (limited to a free profile). Optional fee based services are available for Professional Members, but participation is NOT mandatory.
Note to Professional Members: In order to have a full-service membership, a Professional Member will be required to enter into a Network Subscriber Agreement with remodeleze.com and will be required to pay a monthly fee for that membership.
11. Refund Policy Our desire is to serve you and your organization in the best way possible. We do that by combining incredible service and support for a low price. In this way, we make having a high-end website a reality for the individuals, organizations and businesses we serve. In the process of doing so, we sometimes encounter issues that may not be simple to resolve, resulting in your desire to downgrade your membership in remodeleze.com.
You may cancel your subscription / account anytime before the beginning of the next 30 day billing cycle. No refund will be given for a 30-day cycle after it has begun. If you purchased a long term plan providing you with a discount (example Quarterly or Annual) then you will be refunded the difference between the regularly published monthly subscription rate and the amount you paid:
Chargeback’s and Returned Items Bank drafts and chargeback’s are assessed at a $30.00 fee if they are returned unpaid for any reason.
Changing your account Changing your account is easy. Just go to your “My Remodeleze” page and look in the center for the yellow button that says “Account Setting”, click on that you will be guided from there. Please allow 48 hours for your changes to take effect.
We would love to talk to you and answer your questions personally. Call us 9-6 (PST) Monday through Friday…1-888-400-4EZE (1-888-400-4393). Or e mail us at firstname.lastname@example.org
Billing Disputes For any questions regarding charges made to your credit card or bank account, please contact us immediately. We are happy to help you with any question you may have and even happier to correct any billing errors on our part. You may also have access to all past and recurring charges made through your remodeleze.com account from within remodeleze.com’s “Account Settings” (remember you can access that through your “My Remodeleze” page.). You can access this information 24 / 7 online.
To Request A Refund: Please contact us by phone at (310) 482-3755 or 1-888-400-4EZE (1-888-400-4393) or e mail us at: email@example.com . All refunds are processed within 7-10 business days and are issued by check only.
12. Authorization to Charge Credit and Debit Accounts. If applicable, based on the various optional fee based programs, you irrevocably and expressly authorize remodeleze.com to debit or credit, as applicable, any monies to the debit card or credit card account that you have identified in your profile. It is your responsibility to maintain a valid, non expired credit card on file with us while engaging in fee based activities on the Site. You agree that if you do not have a valid, non expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize remodeleze.com to withhold any monies and/or debit any monies from any account that you have identified to remodeleze.com for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to remodeleze.com. We reserve our rights to all actions and remedies in connection with any monies owed to remodeleze.com. You will indemnify and defend us against, and hold us harmless from, any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.
13. Unpaid Fees. If, for any reason, any fees you owe remodeleze.com have not been received or in any manner realized by remodeleze.com (“Unpaid Fees”), you agree to pay those Unpaid Fees immediately. In addition, remodeleze.com may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law, whichever is less), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to remodeleze.com. Remodeleze.com reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorneys’ fees and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
14. Protection of Intellectual Property Content.
a. The remodeleze.com Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the look, feel, appearance, and graphic function of the Site, including but not limited to its color combinations, sounds, layouts and designs. You acknowledge and agree that your use of the Site does not confer upon you any license or permission to use our Intellectual Property Content or that of any third party. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by you or any other Member, and you shall not use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners.
b. You may not frame or link to the Site without our prior written permission. For permission to link to the Site, contact firstname.lastname@example.org.
c. The Site contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned by us or licensed to us for our use, including but not limited to the name remodeleze.com and the remodeleze.com logo. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance, or non performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to, or our license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. Unless you are the owner of any of the Marks, you shall not use or register any domain name that is identical to or similar to any of the Marks.
d. DMCA Notice. It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify us by sending the following information to us at the address listed below, in a declaration under penalty of perjury under the laws of the United States of America signed by a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
i. A statement that this person is, or is authorized to act on behalf of, the copyright owner.
ii. A statement that this person has a good faith belief that the use of the material in the complained of manner is not authorized by the copyright owner, by the owner’s agent, or by law;
iii. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site (including the URL for the page on which the material appears); and
iv. Your address, telephone number, and e mail address.
Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification by e-mail to email@example.com or by mail to
8721 Santa Monica Boulevard, Suite 303
Los Angeles, California 90069-4057
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (the “DMCA”) and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we will attempt to contact the User who has posted such material in order to give that User an opportunity to respond to the notification. If the User posting the material gives a counter notification claiming that the use is authorized, we will furnish that counter notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material.
16. Disputes Among Members; Release. As noted in Section 5(a) and 6 above, you are solely responsible for your interactions with other Members; We are not party to any disputes between you and any other Member; and you have agreed to indemnify and defend us against, and to hold us harmless from, any and all claims and damages, including costs and reasonable attorney’s fees, in any way related to any such dispute. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You hereby release remodeleze.com, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any disputes between you and any other Members. You expressly waive the benefits of Section 1542 of the California Civil Code, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
17. Information You Submit.
a. The Site offers the opportunity for Members to share information with other Members as part of the remodeleze.com Community (the “Community”). This includes advertisements and listings posted by Professional Members, and other information submitted to the Site by Members (collectively “Submitted Information”). Remodeleze.com reserves to itself the right, but has no obligation, to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.
b. The Site acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of Members. We cannot and will not evaluate, and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of, any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information from other Members before acting upon it. Remodeleze.com is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of those losses.
c. By posting Submitted Information to any part of the Site, you expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of that Submitted Information; or (2) you are the legitimate and rightful holder of a worldwide, royalty free, perpetual, irrevocable, sub licensable, non exclusive license from of that Submitted Information to use, distribute, reproduce and distribute that Submitted Information.
d. By posting Submitted Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to remodeleze.com an irrevocable, perpetual, non exclusive, transferable, fully paid up, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute that Submitted Information for any purpose and in any format on or in connection with the Site or the promotion thereof; to prepare derivative works of that Submitted Information, or to incorporate it into other works, and to grant and authorize sublicenses of the foregoing. You may remove your Submitted Information from the Site at any time; however, you acknowledge that remodeleze.com may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above.
e. You agree that your Submitted Information:
i. Will not contain your personal information;
ii. Will not contain another person’s personal information or otherwise invade another’s privacy;
iii. Will not violate or possibly cause us to violate any Laws;
iv. Will not violate the terms of this Agreement;
v. Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
vi. Will not contain obscene, lewd, or suggestive content and or pornography;
vii. Will not be libelous, threatening, harassing, racist, or defamatory (including making claims of any sort about remodeleze.com employees, agents, other members, or the Site);
viii. Will not contain the proprietary information of another person or entity;
ix. Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of the Site, our systems, or the systems of any other Member, and or create or impose a large burden or load on our Site or systems or the systems of any other Member;
x. Will not scan or test the vulnerability or security of our Site or the system within which it operates;
xi. Will not be used for commercial or public purposes outside of the requirements of this Agreement;
xii. Will not create liability for remodeleze.com in any manner whatsoever; and
xiii. Will not involve the upload, or insertion of, any programming language or code into or onto, our Site.
f. You further agree not to impersonate another Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, as determined in our sole discretion. In addition, We reserve the right to terminate Members who violate these rules.
g. You agree to use common sense and good judgment when conducting or posting any online communication or Submitted Information. You assume legal responsibility for and will defendant and indemnify us against, and hold us harmless from, any and all claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) incurred as a result of any of your Submitted Information.
18. Rating and Review Disputes. If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. You acknowledge that the Rating and Review of any Member consists of comments left by other Members and a composite feedback number compiled by remodeleze.com. A Member may only leave one feedback, whether positive, neutral, or negative, for any other Member, regardless of the number of transactions the relevant Members complete with each other. Members may not attempt to gain additional goods or services or more favorable pricing by offering Professional Members a positive review or threatening a negative review. In order to protect the integrity of the Rating and Review system and protect Professional Members from abuse, remodeleze.com will consider removing a Rating and Review under the following scenarios:
a. Feedback or information posted by a Member who has never contracted business with the Professional Member
b. The Member who left feedback provided remodeleze.com with false contact information during the transaction period (as determined by remodeleze.com) and cannot be contacted by remodeleze.com;
c. Feedback or information posted seeks to elicit or solicit any Member’s contact information, such as other Member email addresses, for any non remodeleze.com related commercial or business purposes, or to transmit any unsolicited advertising, junk mail, spam, or chain letters;
d. Feedback or information posted contains language that is profane, vulgar, racist or contains adult material;
e. Feedback or information posted is shown to have been left by a Member who is in violation of this Agreement, or by or on behalf of a Member who has conducted any fraudulent transaction;
f. Feedback or information posted makes any reference to actions taken or purported to be taken by remodeleze.com or any law enforcement organization;
g. If remodeleze.com is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal;
h. The Member who left feedback is participating in a remodeleze.com transaction with the intent of leaving feedback as part of a campaign to harass any Member(s) (as determined by remodeleze.com in its sole discretion).
19. Filing a Ratings and Review Dispute. Members can contact firstname.lastname@example.org to file a dispute request. In addition, Members in receipt of a Rating and Review will have the opportunity to respond to the rating publicly within the remodeleze.com market place.
20. Fraud. Remodeleze.com may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with the Site, as determined in our sole discretion. Fraudulent acts include the manipulation of the Rating and Review System.
21. Manipulating Ratings and Reviews. You acknowledge and agree that the Site is a neutral venue, and that all transactions for services only are made by and between you and other Members. We therefore cannot, do not, and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Site is the ability of Members to leave a Rating and Review about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Site, you shall NOT:
a. Attempt to restrict in any way a Member’s right to post a review, by contract or otherwise;
b. Offer a Member consideration in any form in exchange for a more favorable review;
c. Post and/or cut and paste and/or copy the content of a member feedback review from the Site to your own personal or business Web site, to any other third party Web site and/or to or on any of your own personal, business or third party marketing/advertising materials, regardless of the form;
d. Attempt to gain feedback ranking by receiving multiple feedback from the same Member;
e. Post or attempt to post, in any manner or by any means, a feedback review on your own account; or
f. Misrepresent or impersonate another Member.
22. Tools; Changes to Site. The Site offers several tools to help make your remodel planning easier (collectively, “Tools”), some of which are provided by third parties. Remodeleze.com is not responsible for the availability, suitability or effectiveness of any of these Tools, whether or not provided by a third party. In addition, We are not responsible for any data you lose as a result of a malfunction of the Tools or the Site or for any other reason, or for any consequential damages resulting from such data loss. You should ALWAYS keep a back up copy of all such information on your computer and in hard copy. Remodeleze.com reserves to right to modify or discontinue any Tools or other services provided on the Site at any time without warning.
24. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services, and/or your use of the remodeleze.com Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee employer or franchiser franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate remodeleze.com in any manner whatsoever.
25. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the remodeleze.com Community, and/or to terminate your membership, at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation or termination of your membership can include, but are not limited to:
a. Any violation of this Agreement;
b. Your creation, maintenance and/or management of more than one account;
c. Your non payment in full any Unpaid Fees;
d. Any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or
e. Any attempt by you to harass, or cause another to harass, or have inappropriate communications with another Member or any remodeleze.com personnel.
26. Petition for Reinstatement. Upon your removal from the remodeleze.com Community, you may petition for reinstatement. Your petition for reinstatement must include the following: (a) a written statement as to why you should be reinstated and (b) your contact information. Your petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations in that regard. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis for our decision. You understand that any decision on your petition for reinstatement may be a simple yes or no. All decisions are final.
27. Confidentiality/Non Disclosure. As a result of the performance of this Agreement, and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or obtain, our documents, business practices, object code, source code, management styles, day to day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and is be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes allowed by the performance of this Agreement. Any disclosure of Our Information to any third party, particularly but without limitation to a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained in this Section shall survive the termination of this Agreement. Furthermore, you acknowledge that Our Information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an inadequate remedy for the breach of this confidentiality obligation, and that We therefore shall be entitled to injunctive relief in addition to any other relief to which We may be entitled.
28. Record Keeping/Audit. We reserve the right to keep all records of any and all communications between you and other Members for administration and compliance purposes.
29. Submissions. We always want to receive messages and feedback from Members and welcome any comments regarding the Site. Please be aware, however, that any ideas, suggestions comments or proposals you send to remodeleze.com (“Submissions”) are non confidential and shall become the sole property of remodeleze.com upon receipt. Remodeleze.com shall own all rights therein, including all intellectual property rights. Remodeleze.com shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.
30. Remedies. Remedies for your violations of this Agreement include, but are not limited to, the immediate termination of your membership, notifying other Members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, and monetary compensation. and injunctive relief.
31. NO WARRANTY. REMODELEZE, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. REMODELEZE FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. REMODELEZE DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. REMODELEZE DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
32. LIMITED LIABILITY. IN NO EVENT SHALL REMODELEZE, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
33. Indemnity. In addition to the specific indemnities set forth in preceding sections of this Agreement, you also agree to defend and indemnify us against, and hold us and our affiliates, officers, directors, agents, and employees harmless from, any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (a) your advertising, provision of, or failure to pay for goods or services promoted on the Site; and (b) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.
34. Links to Other Sites. The Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other members. Remodeleze.com is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from those third-party sites or resources. Transactions that occur between you and such third party sites are strictly between you and the third party and are not the responsibility of remodeleze.com. Because remodeleze.com is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
35. Legal Compliance. You shall comply with all applicable domestic and international Laws regarding your use of the Remodeleze Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
36. Governing Law. This Agreement shall be interpreted, construed, governed and enforced under and pursuant to the laws of the State of California, which shall apply in all respects, including statutes of limitation and any dispute of any sort that might arise between you and remodeleze.com or any of its affiliates or any other Member, without regard to conflicts of laws principles.
37. Dispute Resolution and Choice of Forum.
a. Disputes between you and remodeleze.com regarding the Site and our services should be reported to email@example.com. We will attempt to resolve any disputes you have with us. Because We are a neutral venue We are not responsible for resolving any disputes between you and other Members regarding services or transactions.
b. If we cannot informally resolve any disputes between us, all disputes, claims, and causes of action of any nature arising out of or related in any way to this Agreement or the remodeleze.com Services shall be submitted to and decided by binding arbitration in Los Angeles County, California, by JAMS (www.jamsadr.com), in accordance with the then existing Comprehensive Arbitration Rules and Procedures of JAMS, and judgment on any decision or award issued by the arbitrator in that proceeding may be entered by any state or federal court having jurisdiction thereof and over the parties. The arbitrator(s) shall not have the power to award damages in violation of the damages limitations set forth hereinabove and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND REMODELEZE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
c. With respect to any disputes or claims not subject to arbitration, and enforcement of any decision or award issued by the arbitrator in an arbitration proceeding between us as specified in the immediately preceding subsection, any action in connection therewith shall be filed and maintained only in a state or federal courts of competent jurisdiction in Los Angeles County, California, and you hereby consent to venue and jurisdiction in those courts, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to any such action.
d. The prevailing party in an action or proceeding referred to in this Section 34 shall be entitled to recover its costs and reasonable attorneys’ fees.
38. Security. Remodeleze.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
39. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by remodeleze.com to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that, other than affiliates or subsidiaries of remodeleze.com, there are no intended third party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.