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ratedBuildR Membership Agreement

ratedBuildR Membership Agreement

Last Updated: October 10, 2025

This Membership Agreement (this “Agreement”) governs your purchase and use of any optional, subscription-based plans (“Plans”) offered by ratedBuildR LLC (“ratedBuildR,” “we,” “us,” or “our”). Our Platform allows users to access reviews and ratings of construction service providers (“System Actors”) and to facilitate construction projects (“Projects”). While general use of the Platform is free, we offer specific paid Plans for supplementary services.

This Agreement is separate from the general ratedBuildR Terms of Use, which governs your access to the free portions of our Platform. By purchasing a subscription Plan, you agree to these terms. We strongly recommend that you also access and read the linked information, including the ratedBuildR Terms of Use and Privacy Policy.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

  1. RATEDBUILDR SERVICE

ratedBuildR displays consumer reviews and ratings on a variety of System Actors based upon the actual first-hand experiences those consumers had. We also provide you with the opportunity to provide your own reviews and ratings on the System Actors with whom you have first-hand experiences.

(a) ratedBuildR Membership Plans While general use of the ratedBuildR marketplace is free of charge, we may offer one or more optional, paid membership plans (collectively, “Plans”). These Plans provide access to specific, ongoing services, such as a recurring glass cleaning service. The specific benefits, features, and pricing of each Plan will be described on our Platform. You may log in to http://ratedBuildR.com and check your account page to confirm which Plan you currently have.

(b) Revenue Model ratedBuildR earns revenue from Membership Plans and from System Actors who meet certain eligibility requirements and pay ratedBuildR to advertise or participate in our network.

(c) Membership Benefits The benefits of your ratedBuildR Plan are available only while your Plan is active and your account is in good standing. ratedBuildR reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member.

  1. REGISTRATION INFORMATION

As a condition of your use of the Service, you agree to: (a) provide ratedBuildR with true, accurate, current and complete information as prompted by the registration forms; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

  1. MINIMUM AGE

You must be 18 years of age or older to use or register for Services.

  1. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited by law.

  1. PRIVACY POLICY

ratedBuildR has established a Privacy Policy to explain how your personal information is collected and used. This Policy is incorporated by reference into this Agreement.

  1. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL

(a) Membership Fee ratedBuildR will charge you a membership fee (“Membership Fee”) for any paid Plan you select in order to provide the services associated with that Plan. Your Membership Fee is the amount you were charged for one term of your Plan, not including any promotions or discounts. You acknowledge that ratedBuildR reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or other payment methods made available on the Platform.

(b) Automatic Renewal If you have a paid membership Plan, ratedBuildR will automatically renew your Plan for one year at the current Membership Fee for that Plan using the payment information on file with us. Such renewal payment will take place on or about your renewal date (“Renewal Date”). Your Plan will continue, and your payment method will be charged, until you cancel the Plan.

If the payment processing for the renewal of your Plan fails, we will attempt to process your renewal for a period up to one hundred eighty (180) days. Except as otherwise required by applicable law, you agree that ratedBuildR will not provide you with any notices prior to each annual renewal payment.

(c) Canceling your Plan You may cancel your Plan at any time by contacting ratedBuildR by first class certified mail at Temescal Canyon Road, Corona, CA 92881, or by following the cancellation procedures in your account settings on the Platform. To avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Pacific Time on the business day prior to your Renewal Date.

(d) Membership Fee Refund Policy If your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee. Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term. If ratedBuildR terminates your account for convenience and you are not in breach of this Agreement, we will refund your Membership Fee on a pro-rata basis. Members are not entitled to refunds under any other circumstances.

(e) Authorization to Update Credit Card Information If the credit or debit card you provided has expired, you authorize ratedBuildR to revise the expiration date and proceed with billing. Additionally, you authorize us to use third-party services that refresh expired or replaced card numbers to ensure your paid Services do not lapse. By receiving a Plan, you consent to our disclosure of your card information to such services and our receipt and use of updated information from your financial institution.

  1. PLATFORM PAYMENTS

For any Project facilitated through the Platform, you agree to pay ratedBuildR directly for the total cost of the services rendered by the System Actors. All payments are made to ratedBuildR LLC. By providing your payment information, you authorize ratedBuildR to charge your method of payment for the full amount of the Project, including any applicable taxes and fees. ratedBuildR, in turn, is responsible for remitting payment to the various System Actors involved in completing your Project.

You authorize ratedBuildR to confirm that your method of payment is in good standing with the issuing financial institution. ratedBuildR, in its sole discretion, may refuse to approve or may terminate existing enrollments for payment services. Payments are also subject to the terms and conditions governing your method of payment between you and its issuer. You are responsible for any charges and related fees that may be imposed by your payment method issuer.

You acknowledge and agree that your payment transaction is with ratedBuildR LLC, and we are the merchant of record for the services purchased through the Platform. You agree that ratedBuildR may update your payment information, including expiration date and card number, based on information received under account updater programs from payment networks.

You also agree that ratedBuildR may resubmit a payment for processing one or more times if a prior payment is declined or returned. The payment feature may not be used for any transaction unrelated to a Project initiated on the Platform or for any illegal purpose. Failure to comply may result in suspension or termination of your account.

Except as set forth in this Agreement, the ratedBuildR 5-Year Warranty, or as required by law, all payments processed are non-refundable to you by ratedBuildR. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable law.

You agree to release ratedBuildR, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages arising out of or in any way connected with the payment processing itself, provided we have acted in accordance with these terms.

Payment processing services may be provided by Stripe and are subject to the Stripe Connected Account Agreement. By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement. You authorize ratedBuildR to share your information and transaction information with Stripe for this purpose.

  1. INCENTIVES

ratedBuildR may, from time to time, offer certain products or services as incentives (“Incentives”). ratedBuildR is neither the seller nor manufacturer of the Incentives and disclaims all liability and warranties relating to them. If an Incentive is lost, defective, or unusable, ratedBuildR has no responsibility for replacing it.

  1. ACCOUNT SECURITY

You will create a user ID and password upon registration. These credentials may only be used by you and members of your household. You are solely responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur under them.

  1. LIMITED LICENSE

By agreeing to this Agreement, ratedBuildR grants you a limited license to access and use the reviews and ratings for your personal purchase decisions. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, or otherwise exploit for any commercial, educational, or other non-personal purpose the reviews, ratings, and any other content without the express written consent of ratedBuildR.

  1. SUBMISSION OF REVIEWS

By submitting reviews and ratings, you acknowledge and agree that:

  • All of your reviews and ratings will be based upon your actual first-hand experiences with the System Actors you are reviewing.
  • All of your reviews and ratings will be accurate, truthful and complete in all respects.
  • You do not work for, own any interest in, or serve on the board of directors of any of the System Actors (or their competitors) for which you submit reviews.
  • You are not related (by blood, adoption, or marriage) to any of the System Actors for which you submit reviews.
  • Your name and review information will be made available to the System Actors on whom you review.
  • ratedBuildR may redact, delete, or reject your reviews if they do not conform with our publication criteria.
  1. PROJECT RESOLUTION PROCESS

If you have a dispute with a System Actor related to a Project facilitated through our Platform and have an active, qualifying Plan, you may request ratedBuildR’s assistance in communicating with that System Actor about your desired resolution (the “Project Resolution Process”). This process is supplementary to any rights you have under the ratedBuildR 5-Year Warranty.

You may request to participate in the Project Resolution Process through our Platform or by contacting a representative. You will be requested to complete and return documentation relating to your complaint. A member of our resolution team will then contact the System Actor to explain your complaint and desired resolution and to ask the System Actor to respond.

If the System Actor agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved. If the System Actor responds but does not resolve the matter, your feedback shall remain unchanged.

Your participation in the Project Resolution Process is at ratedBuildR’s sole discretion. The Project Resolution Process is not a legal forum. ratedBuildR is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary, we encourage you to consult with an attorney. ratedBuildR does not guarantee that your participation will result in a satisfactory outcome. You agree that, by offering this process, ratedBuildR does not waive any of its disclaimers or limitations of liability.

  1. CONTENT LICENSE

While you retain ownership of your Content, by providing it to ratedBuildR, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Content and to prepare derivative works of it. You also grant us all rights necessary to prohibit the subsequent aggregation, display, copying, or exploitation of the Content on our Platform by any other party.

  1. PUBLICATION AND DISTRIBUTION OF CONTENT

ratedBuildR does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that ratedBuildR simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that ratedBuildR does not control and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that ratedBuildR has no obligation to screen, preview, monitor or approve any Content. However, ratedBuildR reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will ratedBuildR be liable in any way for any Content, including, but not to, any Content that contains any errors, omissions, or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, or transmitted via the Service. You waive the right to bring or assert any claim against ratedBuildR relating to Content, and release ratedBuildR from any and all liability for or relating to any Content.

  1. SYSTEM ACTORS

ratedBuildR does not endorse and is not responsible or liable for any Content, promotions, products, goods, or services available from any System Actors. Your dealings with System Actors are exclusively between you and them. You should make whatever investigation you deem necessary before hiring or engaging any System Actor. You agree that ratedBuildR is not responsible for the accessibility or unavailability of any System Actor or for your interactions with them, and you release us from all liability relating to such dealings.

  1. HEALTH RELATED PROVIDERS

The contents of the ratedBuildR Platform are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. ratedBuildR does not recommend or endorse any specific tests, physicians, or products. If you post any health-related information, you do so at your own risk.

  1. YOUR CONDUCT

In connection with your use of the Service, you represent and warrant that you:

  • are above the age of eighteen (18);
  • will abide by the letter and spirit of this Agreement and all applicable laws;
  • will not submit any reviews that may be considered by ratedBuildR to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise objectionable;
  • will submit thorough and thoughtful reviews of the System Actors you review;
  • will not submit reviews that comment on other users or their reviews;
  • will not impersonate any other person, falsify contact information, or misrepresent a relationship with any person or entity;
  • will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, or other malicious computer programming routines;
  • will not access, download or copy any information contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
  • will not post irrelevant Content, repeatedly post similar Content, or otherwise impose an unreasonable load on our infrastructure;
  • will not take any action that would undermine the review and rating process;
  • will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems;
  • will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights;
  • have sufficient rights in and to all Content that you provide;
  • agree not to re-sell or assign your rights or obligations under this Agreement;
  • grant us the Content license as described in Section 13.

The reviews and ratings that you provide do not reflect the views of ratedBuildR. We retain the right, in our sole discretion, to determine whether your use of the Service is consistent with this Agreement. We may suspend, restrict or terminate your use of the Service if your use breaches this Agreement.

  1. DISCLOSURE OF INFORMATION

In the event that ratedBuildR is involved in a merger, acquisition, or sale of assets, your information may be transferred as a business asset. You hereby consent to the transfer of your information as one of the transferred assets.

  1. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Plan. The Term shall continue through each automatic Plan renewal until termination by either party.

ratedBuildR may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If ratedBuildR terminates your account for its convenience and you are not in breach of this Agreement, ratedBuildR will refund your Membership Fee on a pro-rata basis from the date of such termination to the end of the then-current term.

Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account, and barring your further use of the Service.

  1. MODIFICATION OF TERMS AND CONDITIONS

ratedBuildR may modify and restate the terms of this Agreement at any time, effective immediately upon posting on our Platform. We will note the date of the last update. Your continued use of the Service after such modifications constitutes your conclusive acceptance of the changes.

  1. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

ratedBuildR reserves the right at any time to limit, modify, change, or discontinue the Service with or without notice. We may establish general practices and limits concerning the use of the Service, including the time that reviews will be retained and the maximum number of reviews that may be sent from an account.

  1. DELAYS

The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. ratedBuildR is not responsible for any delays, failures or other damage resulting from such problems.

  1. USER FEEDBACK

ratedBuildR appreciates your comments. However, our policy does not permit us to accept unsolicited creative ideas or materials. If you send us such submissions, they will become the property of ratedBuildR, will not be subject to any obligation of confidence, and we will not be liable for any use or disclosure.

  1. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Services are provided by ratedBuildR LLC, Temescal Canyon Road, Corona, CA 92881. If you have any questions or complaints, please contact us at Office@ratedBuildR.com. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. COPYRIGHT MATERIALS

Aside from user-submitted Content, all other materials on the Platform, including text, graphics, logos, icons, images, and software, are the exclusive property of ratedBuildR and/or its licensors and are protected by U.S. and international copyright laws.

  1. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RATEDBUILDER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. RATEDBUILDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR RATEDBUILDER COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RATEDBUILDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RATEDBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTively, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SYSTEM ACTORS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY RATEDBUILDER OR THE FAILURE OF RATEDBUILDER TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SYSTEM ACTORS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.

TO THE EXTENT RATEDBUILDER IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, RATEDBUILDER’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RATEDBUILDER CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS, INCLUDING THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF THE FAILURE OF RATEDBUILDER TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY RATEDBUILDER. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF RATEDBUILDER TO PROVIDE SERVICES UNDER THIS AGREEMENT.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless ratedBuildR, its officers, managers, owners, employees, agents, designees, users, successors, assigns, and System Actors from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate Content or other information provided by you; or (c) any intentional violation of any rights of another. ratedBuildR will have sole control of the defense of any such claim.

  1. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You agree that if it becomes necessary for ratedBuildR to pursue legal action to enforce this Agreement, you will be liable to pay us the following amounts as liquidated damages:

  • If you post Content in violation of this Agreement, you agree to pay ratedBuildR One Thousand Dollars ($1,000) for each item of Content posted in violation.
  • If you display, copy, duplicate, reproduce, or exploit any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content exploited.
  • If you use programming routines intended to damage or interfere with our Platform, you agree to pay One Hundred Dollars ($100) for each record affected. Except as set forth above, you agree to pay the actual damages suffered by ratedBuildR, including attorneys’ fees and court costs.
  1. NOTICE

You agree that ratedBuildR may communicate notices to you under this Agreement via electronic mail, regular mail, or postings on the Platform. All notices to ratedBuildR must be sent by first-class certified mail to: ratedBuildR LLC, Attn: Customer Care, Temescal Canyon Road, Corona, CA 92881.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), ratedBuildR will respond promptly to claims of copyright infringement. Our Designated Agent to receive notifications of claimed infringement is: ratedBuildR LLC, Attn: Designated Agent, Temescal Canyon Road, Corona, CA 92881, Email: Office@ratedBuildR.com.

If you are a copyright owner and believe your work has been infringed, please provide our Designated Agent with a written notification that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. ENTIRE AGREEMENT

This Agreement governs your use of the Service and constitutes the entire agreement between you and ratedBuildR. It supersedes any prior or contemporaneous agreements.

  1. MUTUAL ARBITRATION AGREEMENT
  2. Informal Negotiations.To expedite resolution and reduce the cost of any dispute, controversy or claim (“Dispute”), you and ratedBuildR agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice. Your address for any notices is your physical address on file with us. ratedBuildR’s address for such notices is: ratedBuildR LLC, Attn: Legal Department, Temescal Canyon Road, Corona, CA 92881.
  3. Arbitration.If a Dispute is not resolved through Informal Negotiations, you and ratedBuildR agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (http://www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules. The arbitrator will make a decision in writing. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described below.
  4. Excluded Disputes.You and ratedBuildR agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
  5. CLASS ACTION WAIVER.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RATEDBUILDER AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS OR COLLECTIVE ACTION. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A CLASS OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”). The interpretation, applicability, and enforceability of this Class Action Waiver may only be determined by a court and not an arbitrator.
  6. Rules/Standards Governing Arbitration Proceeding.A party who wishes to arbitrate a Dispute must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
  7. Severability.You and ratedBuildR agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
  8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

  1. PROVISIONS REMAINING IN EFFECT

In the event your Plan with ratedBuildR is terminated or lapses, provisions of this Agreement that by their nature should survive will continue to remain in effect, including, but not limited to, Sections concerning Content License, Disclaimers, Liability, Indemnification, and Arbitration.

  1. MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If a court finds a provision in this Agreement to not be valid, you and ratedBuildR agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid. No joint venture, partnership, employment or agency relationship exists between you and ratedBuildR as a result of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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