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ratedBuildR Project Submission Customer Agreement

ratedBuildR Project Submission Customer Agreement

Last Updated: October 10, 2025

  1. ACCEPTANCE OF THIS AGREEMENT

Your access to, use of, or participation in the ratedBuildR Project Submission Program (as defined below) is subject to this ratedBuildR Project Submission Customer Agreement (“Agreement”) and all applicable ratedBuildR regulations, guidelines, and other agreements. This Agreement, along with the ratedBuildR Terms of Use and the ratedBuildR Privacy Policy, which are hereby incorporated herein by reference, constitute a legally-binding contract between you and ratedBuildR LLC (“ratedBuildR”, “we”, “us”, or “our”).

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.

This Agreement shall be effective on the date accepted by you. ratedBuildR reserves the right to immediately terminate this Agreement for any reason at any time.

  1. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY

ratedBuildR reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. ratedBuildR will post any amended Agreements on its Platform. It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.

  1. DESCRIPTION OF PROJECT SUBMISSION PROGRAM

The Project Submission Program (“Program”) is intended to provide a comprehensive, streamlined way for customers to initiate, manage, and complete construction projects (“Projects”), starting with shower door installations. The Program facilitates the entire ratedBuildR Installation Cycle ©, connecting customers with and coordinating the various independent professionals (“System Actors”)—including Measurers, Vendors, Fabricators, Delivery Drivers, and Installers—required to successfully execute a Project from start to finish.

  1. INFORMATION YOU PROVIDE TO US/TCPA CONSENT

Upon using the ratedBuildR Platform, you will be prompted to disclose certain information about yourself and your Project requirements. Some of this information will be sent to System Actors who will need this information to respond to and fulfill your Project request. By providing this information to us, or by submitting a Project request, you are requesting, and you expressly consent to being contacted by us and by our System Actors via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, or other applicable “Do Not Call” list. This is so that we may provide the services set forth on our site, service your account, and reasonably address matters pertaining to your Project, including but not limited to notifying you of, or confirming, appointments, or for other purposes reasonably related to your Project and our business, including marketing.

You also authorize ratedBuildR to send you an automated prerecorded call confirming your Project request, along with communications from the System Actors assigned to your Project. You understand that either ratedBuildR or the System Actors may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a Project request, you are entering into a business relationship with ratedBuildR and agree to be contacted by ratedBuildR and its designated System Actors. You promise that all information you provide will be accurate, current and truthful. If you provide any information that is untrue, inaccurate, or incomplete, ratedBuildR has the right to refuse any current or future use of the Program.

  1. YOUR CONDUCT

In connection with your participation in the Program and use of the Platform, 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 local, state, national or international laws;
  • Will not submit any Projects or content that may be considered by ratedBuildR to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
  • Will submit thorough and thoughtful Projects that provide System Actors with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
  • Will not submit Projects or content that comment on other System Actors or customers;
  • Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ratedBuildR, or otherwise attempt to mislead others as to your identity;
  • Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
  • Will not access, download or copy any content 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 non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • Will not take any action that would undermine the Program or Platform;
  • Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
  • Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  • Will not use the Platform in any way that could interfere with the rights of ratedBuildR or the rights of other users of the Platform;
  • Have sufficient rights in and to all content that you provide, transmit or otherwise convey to ratedBuildR in connection with the Program;
  • Agree not to re-sell or assign your rights or obligations under this Agreement;
  • Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
  • Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
  • Agree not to create an account or use ratedBuildR services if your account previously has been terminated by ratedBuildR or if you previously have been banned from using the services.

The content that you provide does not reflect the views of ratedBuildR, its officers, managers, owners, employees, agents, designees or other users. In addition, ratedBuildR retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. ratedBuildR may suspend, restrict, or terminate your use of the Program and refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, ratedBuildR may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

  1. RATEDBUILDR’S ROLE AS MERCHANT OF RECORD AND PLATFORM COORDINATOR

ratedBuildR acts as the merchant of record for Projects facilitated through its Platform. All payments you make for a Project are made directly to ratedBuildR. However, ratedBuildR is not a licensed general contractor and does not directly perform construction services. Our role is to provide a technology platform that facilitates the ratedBuildR Installation Cycle © by coordinating the various independent System Actors required to complete your Project. The service contract for the completion of the Project work is between you and ratedBuildR. We then contract with the necessary System Actors to fulfill the service obligations under our 5-Year Warranty.

  1. PUBLICATION AND DISTRIBUTION OF CONTENT

ratedBuildR does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that ratedBuildR simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a System Actor. You understand that all content posted on, transmitted through, or linked through the Platform, 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 available through the Platform, and that by using the Platform, 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 published by you, a System Actor, or a third party. 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 participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate and bear the risks associated with the use, accuracy, usefulness, completeness, or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will ratedBuildR be liable in any way for any content provided by you, a System Actor, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against ratedBuildR relating to your content or the content of a System Actor or other third party, and release ratedBuildR from any and all liability for or relating to any such content.

  1. SYSTEM ACTORS AND THE RATEDBUILDR 5-YEAR WARRANTY

The individual System Actors assigned to your project are independent contractors. Your primary recourse for any and all injuries, damages, costs, or liabilities incurred in connection with the fulfillment of the Project is governed by the ratedBuildR 5-Year Warranty, the terms of which are available on our Platform and incorporated herein by reference.

ratedBuildR does not endorse and is not responsible or liable for any third-party content, data, advertising, or products available from System Actors outside the scope of a specific Project. Your dealings with System Actors outside of the ratedBuildR platform are exclusively between you and such System Actor. You should make whatever investigation you deem necessary before engaging any professional. You agree that ratedBuildR is not responsible for your interactions with System Actors outside of a Project, and you release us from any and all liability relating to such interactions.

ratedBuildR may, in its sole discretion, have criminal and/or financial background checks conducted on certain System Actors. By having such background checks conducted, RATEDBUILDR DOES NOT WAIVE ANY OF ITS DISCLAIMERS OR LIMITATIONS OF LIABILITY.

  1. RATEDBUILDR MEMBERSHIP PLANS

ratedBuildR may from time to time offer customers the opportunity to purchase certain optional services through a subscription-based Membership Plan, as governed by the ratedBuildR Membership Agreement. Any discounts or special offers obtained through a Membership Plan cannot be combined with other promotions unless explicitly stated. The terms of billing, automatic renewal, and cancellation for such plans are detailed in the ratedBuildR Membership Agreement.

  1. 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. ratedBuildR reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons. Promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use ratedBuildR. Promotional coupons may not be purchased for cash and ratedBuildR does not sell promotional coupons. Promotional coupons are nonrefundable. Promotional coupons will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to you. Your ratedBuildR account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

  1. MINIMUM AGE

You must be eighteen (18) years of age or older to participate in the Program.

  1. LIMITED LICENSE

By agreeing to this Agreement, ratedBuildR grants you a limited license to access, participate in, and use the Program and the Platform for your personal projects. You will not access, reproduce, copy, sell, re-sell, or otherwise exploit for any commercial, educational, or other non-personal purpose any content or any portion of the Program or Platform without the express written consent of ratedBuildR.

  1. MODIFICATION, LIMITATION, AND DISCONTINUANCE

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

  1. 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.

  1. FEEDBACK

ratedBuildR welcomes your comments. However, our policy does not permit us to accept unsolicited creative ideas or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be 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.

  1. COPYRIGHT MATERIALS

All content and information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, and software (“Copyright Materials”), are the property of ratedBuildR or used with permission and are protected by U.S. and international copyright laws.

  1. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RATEDBUILDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE OPERATION OF THE PLATFORM ITSELF AND DOES NOT SUPERSEDE THE RATEDBUILDR 5-YEAR WARRANTY THAT APPLIES TO THE COMPLETED SERVICES OF A PROJECT. RATEDBUILDER MAKES NO WARRANTY THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (B) ANY CONTENT OR INFORMATION YOU PROVIDE WILL NOT BE DISCLOSED. YOU AGREE THAT PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted and 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 THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, and some of the foregoing limitations may not apply to you.

TO THE EXTENT RATEDBUILDER IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE PLATFORM, RATEDBUILDER’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO RATEDBUILDER FOR THE PROJECT GIVING RISE TO THE CLAIM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RATEDBUILDER CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO RATEDBUILDER THROUGH THE USE OF A CREDIT CARD (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 FOR RATEDBUILDER, INCLUDING, BUT NOT LIMITED TO, 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 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 ANY BREACH OF THIS AGREEMENT BY RATEDBUILDER.

  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 services contracted by you through the Program; or (c) any violation of any rights of another or harm you may have caused to another. ratedBuildR will have sole control of the defense of any such damage or claim.

  1. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for ratedBuildR to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of ratedBuildR’s damages for the specified breaches of this Agreement.

  • If you post content in violation of this Agreement, you agree to promptly pay ratedBuildR One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) issue you a warning before assessing damages.
  • If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
  • If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each record that is aggregated, disrupted, damaged or otherwise affected by you. Except as set forth in the foregoing subsections, you agree to pay the actual damages suffered by ratedBuildR, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
  1. NOTICE

You agree that ratedBuildR may communicate notices to you under this Agreement through electronic mail, regular mail, or posting notices on the Platform. All notices to ratedBuildR must be provided by sending a letter, first-class certified mail, to ratedBuildR LLC, Temescal Canyon Road, Corona, CA 92881, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), our Designated Agent for copyright infringement claims is: ratedBuildR LLC, Attn: Designated Agent, Temescal Canyon Road, Corona, CA 92881, Email: Office@ratedBuildR.com. The required components of a DMCA notice are detailed in the ratedBuildR Terms of Use.

  1. MUTUAL ARBITRATION AGREEMENT

This section is identical to the Mutual Arbitration Agreement in the ratedBuildR Terms of Use and is incorporated herein by reference. It requires that disputes be resolved through informal negotiation and then binding individual arbitration, and includes a class action waiver. Please refer to the Terms of Use for full details.

  1. GOVERNING LAW

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

  1. LIMITATIONS PERIOD

You agree that any claim or cause of action arising out of or related to your participation in the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  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. ASSIGNMENT

You may not assign or otherwise transfer this Agreement without the prior written consent of ratedBuildR.

  1. WAIVER

Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.

  1. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

  1. ENTIRE AGREEMENT

This Agreement, along with the ratedBuildR Terms of Use, Privacy Policy, and Membership Agreement (if applicable), constitutes the entire agreement between you and ratedBuildR with respect to the Program. 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.

  1. BINDING EFFECT

This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and ratedBuildR and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

  1. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, provisions that by their nature should survive will remain in effect, including but not limited to Sections concerning Information You Provide, Copyrights, Disclaimers, Liability, Indemnification, and Arbitration.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.