ratedBuildR Book Now Terms and Conditions

ratedBuildR Book Now Terms and Conditions

Last Updated: October 12, 2025

TABLE OF CONTENTS

ACCEPTANCE OF AGREEMENT
THE RATEDBUILDR BOOKING SERVICE
VETTING OF SYSTEM ACTORS
PAYMENT FOR SERVICES, QUOTES, AND FEES
THE RATEDBUILDR 5-YEAR WARRANTY
OTHER OFFERS AND DISCOUNTS
INFORMATION YOU PROVIDE TO US / CONSENT TO BE CONTACTED
CALL RECORDING
ACCOUNT SECURITY
TERM AND TERMINATION
LIMITED LICENSE & INTELLECTUAL PROPERTY RIGHTS
REVIEWS & CONTENT LICENSE
MODIFICATION, LIMITATION, AND DISCONTINUANCE
DELAYS
FEEDBACK
RATINGS & REVIEWS ARE NOT ENDORSED BY RATEDBUILDR
ARTICLES AND OTHER CONTENT
LINKS TO THIRD-PARTY SITES
THIRD-PARTY COPYRIGHTS AND OTHER RIGHTS
RULES FOR USE OF RATEDBUILDR SERVICES
CONFIDENTIALITY
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION
WARRANTY DISCLAIMER
LIMITATION OF LIABILITY
INDEMNIFICATION
NOTICE
MUTUAL ARBITRATION AGREEMENT
GOVERNING LAW; JURISDICTION; TIME LIMITATION
INDEPENDENT SYSTEM ACTORS
ENTIRE AGREEMENT
MISCELLANEOUS

ACCEPTANCE OF AGREEMENT

By using, accessing, or registering on this site, any related sites, and/or mobile applications related to ratedBuildR LLC (collectively, “ratedBuildR,” “we,” or “us”) and/or participating in our “Booking Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by these terms and conditions and any future amendments (this “Agreement”). This Agreement governs your use of our services and platform that facilitates communications between you and independent service professionals for services offered through ratedBuildR.

If you do not agree to be bound by this Agreement, you must immediately stop using our services. Our acceptance is expressly conditioned upon your assent to this Agreement in its entirety. By using our services, you represent and warrant that: (i) you are at least 18 years old and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority, and capacity to enter into this Agreement and will abide by its terms. Where you enter into this Agreement on behalf of a company, you represent that you have the authority to bind that entity to this Agreement.

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY, PARTICULARLY THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE CANCELLATION PROVISIONS IN SECTION 10.

THE RATEDBUILDR BOOKING SERVICE

ratedBuildR, through its technology platform, makes available certain construction services, beginning with shower door installations. The process begins when you book an initial measurement appointment (“Measurement Appointment”) with an independent professional (“MeasurR”). This Booking Service is the first step in our proprietary “Installation Cycle ©”.

Following the Measurement Appointment, where a MeasurR captures precise measurements and specifications at your location, ratedBuildR will provide you with a formal, binding job quote (“Project Quote”). While we may offer instant or preliminary quotes on our platform, you acknowledge that such quotes are estimates and are subject to change based on the final data from the Measurement Appointment. The final Project Quote will account for actual material needs, fabrication requirements, and any site-specific complexities. Upon your acceptance of the Project Quote, ratedBuildR will manage and coordinate the full Installation Cycle ©, engaging other independent professionals including Vendors (“VendRs”), Fabricators (“FabricatRs”), Delivery Drivers (“DrivRs”), and Installers (“BuildRs”) (collectively, “System Actors”) to complete your project.

VETTING OF SYSTEM ACTORS

ratedBuildR uses a multi-step process to screen potential System Actors who wish to participate on our platform. This process is designed to onboard qualified professionals with appropriate backgrounds. We may utilize third-party services to conduct background checks. This initial screening is performed at the time the System Actor applies to register with us.

Beyond the initial check, ratedBuildR is committed to maintaining a high-quality, trusted network. We reserve the right to conduct ongoing monitoring of System Actor performance, customer feedback, and compliance with our standards. Any System Actor who fails to maintain our standards of quality, professionalism, or safety, or for any other reason as determined in our sole discretion, may be immediately and permanently removed from the platform. RATEDBUILDR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SYSTEM ACTOR’S SCREENING INFORMATION IS UP TO DATE AND IS UNDER NO OBLIGATION TO CONTINUOUSLY UPDATE A SYSTEM ACTOR’S BACKGROUND CHECK. We are not responsible for the conduct of any User and will not be liable for any claim, injury, or damage arising in connection with any services booked through our platform.

PAYMENT FOR SERVICES, QUOTES, AND FEES

ratedBuildR acts as the merchant of record for all transactions. You authorize us to charge any credit card on file in your account for all purchases, fees, expenses, or applicable taxes associated with a service. We use third-party services to process credit card information. All information you provide must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method at the prices in effect when such charges are incurred.

Measurement Appointment: You may be required to pay a fee to book the initial Measurement Appointment. This fee, if any, will be clearly disclosed at the time of booking.
Project Quote Payment: Upon your acceptance of a final Project Quote, we will charge your approved payment method for the full amount of the project, or for an initial deposit, as specified in the quote.
Recurring Services: When requesting certain services (such as a future glass cleaning service), you may have the option of choosing a recurring service plan (“Recurring Service”). When you choose a Recurring Service, we will automatically schedule and charge you for those services at the frequency and price you agreed to. YOUR AGREEMENT TO PAY WILL AUTOMATICALLY RENEW, AND YOUR PAYMENT METHOD WILL BE CHARGED IN ADVANCE OF EACH SCHEDULED APPOINTMENT. You may cancel a Recurring Service at any time, subject to the cancellation policies in Section 10.
Platform Coordination Fee: ratedBuildR may assess a “Platform Coordination Fee” to support the services, including costs related to background checks, insurance, the 5-Year Warranty, and customer support. This fee will be disclosed to you and is retained by ratedBuildR in its entirety.
Dormant Account Service Charge: An account is considered dormant or inactive if it has had no activity for a period of six (6) consecutive months. Where permitted by applicable law, a dormant account fee of up to $10 may be assessed monthly until the account is reactivated or the balance has reached zero.
Referral Discounts: In the event you are given a code through which you may refer a friend in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes. Referral discounts have no cash value and are not redeemable for cash unless required by law. We may terminate such code and/or your account for any breach of this section.

THE RATEDBUILDR 5-YEAR WARRANTY

All completed projects booked through the ratedBuildR platform are eligible for the ratedBuildR 5-Year Warranty. The full terms and conditions of this warranty are available on our website and are incorporated herein by reference.

OTHER OFFERS AND DISCOUNTS

Promotional coupons are eligible only for the specific services designated by ratedBuildR, are valid for a limited time, and expire on the date indicated. Failure to use a coupon before its expiration date will result in its forfeiture. ratedBuildR reserves the right to cancel promotional coupons at any time.

ratedBuildR promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as an incentive to use our services. Promotional coupons may not be purchased and are nonrefundable. They will not be applied against any sales, use, or similar transaction-based taxes. Each coupon can only be used once, and your account will be billed for any fees in excess of the available coupon amount.

INFORMATION YOU PROVIDE TO US / CONSENT TO BE CONTACTED

Upon using our services, you will be prompted to disclose information about yourself and your service requirements. By providing this information, you expressly consent to be contacted by us and our System Actors via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers, even if you are on a “Do Not Call” list. This is so we may provide the Services, service your account, confirm appointments, and for other purposes related to your service request and our business, including marketing. You understand that we or our System Actors may use automated phone technology, including autodialed and prerecorded messages, and that your consent is not required to purchase services.

You promise that all information you provide will be accurate, current, and truthful. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO A NAME, PHONE NUMBER, OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES TO RATEDBUILDR AND ITS SYSTEM ACTORS. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO RATEDBUILDR AND EACH AFFECTED SYSTEM ACTOR FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO RATEDBUILDR AND EACH AFFECTED SYSTEM ACTOR, OR (2) THE ACTUAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES, PLUS REASONABLE LEGAL FEES AND COSTS.

CALL RECORDING

You acknowledge and agree that ratedBuildR and its third-party service providers may monitor and/or record any telephone calls between you and us.

ACCOUNT SECURITY

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing our services. You are solely and fully responsible for all activities that occur under your password or account, except that ratedBuildR may, in certain circumstances, access your account to make changes that you request. ratedBuildR has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately.

TERM AND TERMINATION

Term: This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
Termination by ratedBuildR: We may terminate this Agreement or terminate or suspend your right to use our services at any time for any or no reason (including, without limitation, if we believe that you have breached this Agreement or engaged in inappropriate or offensive behavior) by providing you with written or email notice of such termination. If we terminate or suspend your account for any reason, you are prohibited from registering a new account under your name, a fake name, or the name of any third party. In addition to terminating your account, we reserve the right to take appropriate legal action.
Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the services (provided that there are no outstanding services ordered under your account) and by closing any account you have opened. If you attempt to terminate this Agreement while there are still outstanding services ordered, this Agreement shall not terminate until such services have been performed or otherwise canceled as permitted by ratedBuildR.
Cancellation Policy for Measurement Appointment: You may cancel your scheduled Measurement Appointment at any time, subject to the following: (i) if you cancel more than 24 hours before the scheduled appointment, there is no cancellation fee; (ii) if you cancel within 2-24 hours before a scheduled appointment, you will be charged a $25 cancellation fee; (iii) if you cancel within the 2 hours before a scheduled appointment, you will be charged the full amount of the booking fee.
Cancellation Policy for Full Project: The cancellation terms for a full project after a Project Quote has been accepted will be detailed in the Project Quote itself.
Cancellation by System Actor: When a System Actor cancels a scheduled appointment, we will notify you and attempt to make your service request available for another System Actor. However, we cannot guarantee a canceled appointment will be rescheduled or completed.

LIMITED LICENSE & INTELLECTUAL PROPERTY RIGHTS

The ratedBuildR platform and all information, data, content, and materials which it contains (“Company Materials”), are the property of ratedBuildR and/or its affiliates and licensors, excluding User-generated content. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. ratedBuildR and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. The service marks and trademarks of ratedBuildR are service marks owned by ratedBuildR. Any other trademarks, service marks, logos and/or trade names appearing on the platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the platform without the express prior written consent of the owner.

REVIEWS & CONTENT LICENSE

ratedBuildR may ask that you submit a written review upon completion of a service. If you receive such a request, you agree to submit a written review with respect to the provision of such services.

By providing any communications, reviews, or other materials (“Content”) to ratedBuildR, you automatically grant, and you represent and warrant that you have the right to grant, to ratedBuildR 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, or incorporate into other works, such Content, and to grant and to authorize sublicenses thereof. In addition, you grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, or exploitation of the Content by any other party.

MODIFICATION, LIMITATION, AND DISCONTINUANCE

ratedBuildR reserves the right at any time to limit access to, modify, change, or discontinue its services with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance. You agree that ratedBuildR may establish general practices, policies, and limits, which may or may not be published, concerning the use of the services.

DELAYS

ratedBuildR is not responsible for any delays, failures, or other damage resulting from problems inherent in the use of the Internet and electronic communications.

FEEDBACK

ratedBuildR appreciates hearing from you. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we value your feedback, please be specific and do not submit creative ideas. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will become the property of ratedBuildR. In addition, none of the Submissions will be subject to any obligations of confidentiality and ratedBuildR will not be liable for any future use or disclosure of such Submissions.

RATINGS & REVIEWS ARE NOT ENDORSED BY RATEDBUILDR

All Ratings and Reviews of a System Actor displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of ratedBuildR. ratedBuildR disclaims any and all representations or warranties with regard to the Ratings and Reviews. ratedBuildR does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the ratedBuildR platform or the materials contained therein.

ARTICLES AND OTHER CONTENT

ratedBuildR provides certain content relating to home improvement, repair, and maintenance, including but not limited to articles, videos, and guides (“Informational Content”), on our platform. Such Informational Content is provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of it. You understand and agree that the Informational Content does not provide professional advice, and that such content is no substitute for the advice of a qualified System Actor or other professional.

LINKS TO THIRD-PARTY SITES

The links on the ratedBuildR platform may lead you off of properties owned and operated by us. The linked sites are not under the control of ratedBuildR and ratedBuildR is not responsible for the contents or functionality of any linked site or any link contained in a linked site. Your use of such third-party linked sites is governed by the terms and conditions and privacy policies of such linked sites. ratedBuildR is not responsible for webcasting or any other form of transmission received from any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ratedBuildR of the site. YOU ACCESS THIRD-PARTY SITES AT YOUR OWN RISK. RATEDBUILDR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD RATEDBUILDR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD-PARTY SITES.

THIRD-PARTY COPYRIGHTS AND OTHER RIGHTS

ratedBuildR respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), ratedBuildR will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

ratedBuildR LLC Attn: Designated Agent Temescal Canyon Road Corona, CA 92881 Email: Office@ratedBuildR.com

If you are a copyright or trademark owner (or authorized to act on behalf of the owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing 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 or trademark claimed to have been infringed;
identification of the material that is claimed to be infringing and that is to be removed, 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, if available, an electronic mail 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 or trademark owner, its agent, or the law; and
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.

ratedBuildR will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

RULES FOR USE OF RATEDBUILDR SERVICES

During the term of this Agreement, you may use our services for your personal use only. You may use the services to request work solely with respect to a location where you are legally authorized to have such services performed. You agree to treat System Actors courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable them to supply their services. You shall NOT use the ratedBuildR services to do any of the following:

Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including our staff and other Users.
Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
Use our services for any purpose or in any manner that is in violation of local, state, national, or international law.
Publish, post, upload, or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials, or information.
Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through ratedBuildR.
Use our services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use your identification to use the services.
Post the same note repeatedly (‘spamming’). Spamming is strictly prohibited.
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed.
Restrict or inhibit any other User from using and enjoying our services.
Imply or state that any statements you make are endorsed by us, without our prior written consent.
Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, copy, distribute, or hack our platform, its servers, or any connected networks.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index our platform in any manner.
Remove or alter any copyrights, trademarks, or proprietary marks owned by us.
Upload content that is offensive and/or harmful, including content that advocates, endorses, or promotes racism, bigotry, hatred, or physical harm of any kind.
Upload content that provides materials that are obscene, adult, or sexual, or that exploit anyone in an abusive, violent, or sexual manner.
Register to use our services under a different username after your account has been suspended or terminated.
Forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or provide false or misleading representations.
Alter transmission data without our consent.

CONFIDENTIALITY

The term “Confidential Information” shall mean any and all of ratedBuildR’s trade secrets, confidential and proprietary information, personal information, and all other information and data of ratedBuildR that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The ratedBuildR platform contains secured components that are accessible only to those who have been granted a username and password. Information contained within the secure components of our properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of ratedBuildR and agree that you will not use Confidential Information other than as necessary for you to make use of our services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify us in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use.

NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the ratedBuildR server (“Server”) is granted, provided that (1) our copyright notice appears in all copies, (2) use of such documents is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Documents specified above do not include the design or layout of the ratedBuildR platform. Elements of our platform are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ratedBuildR property may be copied or retransmitted unless expressly permitted by us. RATEDBUILDR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RATEDBUILDR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOKING SERVICES PROGRAM. RATEDBUILDR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR RATEDBUILDR COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SYSTEM ACTOR OR GOODS SOLD OR PROVIDED WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SYSTEM ACTOR’S REGISTRATION, ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES. RATEDBUILDR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES (INCLUDING THE CONDUCT OF ANY SYSTEM ACTORS). RATEDBUILDR DOES NOT WARRANT THAT ITS PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER APPLIES TO THE PLATFORM ITSELF AND DOES NOT AFFECT THE RATEDBUILDR 5-YEAR WARRANTY APPLICABLE TO COMPLETED PROJECTS.

LIMITATION OF LIABILITY

YOU AGREE NOT TO HOLD RATEDBUILDR, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY RATEDBUILDR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL RATEDBUILDR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE RATEDBUILDR 5-YEAR WARRANTY, UNDER NO CIRCUMSTANCES WILL RATEDBUILDR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT RATEDBUILDR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO RATEDBUILDR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

BY USING OUR SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE OUR SERVICES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ratedBuildR, its officers, directors, parents, subsidiaries, affiliates, managers, 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 costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased or contracted by you through the Booking Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; and (e) your information and Content that you submit or transmit through the ratedBuildR platform. ratedBuildR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of ratedBuildR.

NOTICE

You agree that ratedBuildR may communicate notices to you under this Agreement through electronic mail, regular mail, or postings on the Platform. All notices to ratedBuildR must be provided by sending an email to Office@ratedBuildR.com with the subject line “Attn: Legal.”

MUTUAL ARBITRATION AGREEMENT

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 email address and/or physical address you have provided to us. ratedBuildR’s address for such notices is: Office@ratedBuildR.com.
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 available at 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” below.
Excluded Disputes.You and ratedBuildR agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect the validity 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 temporary or preliminary injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.You and ratedBuildR 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, or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator.
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. 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 parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed. 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.
If any portion of this “Mutual Arbitration Agreement” section is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

GOVERNING LAW; JURISDICTION; TIME LIMITATION

Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Riverside, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the platform or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

INDEPENDENT SYSTEM ACTORS

RATEDBUILDR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE SERVICES THAT RATEDBUILDR FULFILLS USING INDEPENDENT SYSTEM ACTORS. RATEDBUILDR IS NOT THE EMPLOYER OF ANY SYSTEM ACTOR AND SYSTEM ACTORS ARE NOT RATEDBUILDR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SYSTEM ACTORS ARE INDEPENDENT CONTRACTORS AND RATEDBUILDR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SYSTEM ACTOR’S WORK IN ANY MANNER.

ENTIRE AGREEMENT

This Agreement, along with the general ratedBuildR Terms of Use, Privacy Policy, and Membership Agreement (if applicable), governs your use of the platform and constitutes the entire agreement between you and ratedBuildR with respect to the Booking Services. In the event of a conflict between this Agreement and the general ratedBuildR Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and ratedBuildR regarding the subject matter contained in this Agreement.

MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment will be void and unenforceable. It will not be considered a waiver of ratedBuildR’s rights if we fail to enforce any of the terms of this Agreement against you. In the event 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. You acknowledge and agree that each of the Members (as defined in Section 24) shall be an intended third-party beneficiary of this Agreement.

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

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