Terms of service
BUILT CUSTOM HOMES, LLC, a California limited liability company (“Built Custom Homes,” “we” “our,” or “us,”) provides and makes available BUILT CUSTOM HOMES Online Consulting Services (as defined in Section 1 below) subject to these Terms of Service (hereinafter, these “Terms”). PLEASE READ THESE TERMS CAREFULLY, AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING THE ACCESS AND USE OF BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES BETWEEN YOU AND BUILT CUSTOM HOMES, LLC.
PLEASE NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS (SEE SECTION 14) WHICH REQUIRE (1) THAT YOU SUBMIT DISPUTES YOU HAVE AGAINST BUILT CUSTOM HOMES TO BINDING AND FINAL ARBITRATION. IN ADDITION, PLEASE BE ADVISED THAT BUILT CUSTOM HOMES DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU AS SET FORTH IN THESE TERMS.
ACCEPTANCE OF THESE TERMS. By accessing or using available Built Custom Homes Online Consulting Services in any manner, including, but not limited to, visiting or browsing the Site and/or Marketplace, or placing orders to purchase any Products and/or Services (all as defined in Section 1 below):
(1) you expressly acknowledge that you have read, understand, and you agree to be bound by all the terms and conditions set forth in these Terms, including, without limitation, any additional terms, policies or agreements specified and/or referenced below or otherwise incorporated into these terms,
(2) you expressly affirm, represent and warrant that you meet all of the eligibility requirements set forth in Section 2 of these Terms and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and
(3) if you use available Built Custom Homes Online Consulting Services and/or purchase any Products, Services, and/or Consultations on behalf of another person, or an entity, organization, or company, you represent and warrant that you have the authority to bind that person, entity, organization, and/or company to these Terms and you agree to be bound by these Terms on behalf of that person, entity, organization, and/or company (in which case, “you” and “your” as used throughout these Terms shall also refer to such other person, entity, organization, and/or company).
1. DEFINITIONS
1.1 “Consultations” means interior design consultations provided by Designers and/or Contractors that may be purchased by users of Built Custom Homes Online Consulting Services.
1.2 “Content” means any and all messages, photos, video, audio, images, data, information, text, communications, materials, documentation, and/or content.
1.3 "Contractors" means independent general contractors that users can connect and engage with through Consultation purchased in connection with Built Custom Homes Online Consulting Services.
1.4 “Designers” means expert interior designers that users can connect and engage with through Consultation purchased in connection with Built Custom Homes Online Consulting Services, Jasmine Roth, and/or any independent contractors of Built Custom Homes.
1.5 “Service Content” means collectively, Built Custom Homes Content, Third-Party Content, and User Submissions made available through or in connection with the use of Built Custom Homes Online Consulting Services.
1.6 “Services” means any services we provide or make available to you in connection with your use of Built Custom Homes Online Consulting Services.
1.7 “Site” means Built Custom Homes website located at https://www.builtcustomhomes.com/.
1.8 “Built Custom Homes Online Consulting Services” means, collectively, the Site and Services.
1.9 “Third Party Content” means Content that originates from and/or its owned or provided by individuals, persons, or entities other than Built Custom Homes which is made available through or in connection with Built Custom Homes Online Consulting Services and/or Consultations, which may include, but is not limited to, User Submissions provided by other users than you, Product Information, profile and background information regarding the Designers and any Content provided by such Designers.
1.10 “Trade Vendor” means a third party vendor from which Built Custom Homes may purchase Products on behalf of users through Built Custom Homes' trade and/or reseller accounts with such third party vendor.
1.11 “Trade Vendor Terms” means the terms and conditions of the applicable Trade Vendor with respect to your purchase of Products through us from such Trade Vendor, including, but not limited to, those pertaining to, shipping, delivery, installation, returns and/or refunds policies.
1.12 “User Submissions” means any and all Content, including, but not limited to, any reviews regarding the Products, Services and/or Designers, submitted, transmitted and/or otherwise provided or made available by or on behalf of users in connection with the use of Built Custom Homes and/or any Consultations.
2. ELIGIBILITY. You may generally visit and browse the Site if you are at least 13 years of age; however, you must be at least 18 years old or the age of majority in your jurisdiction to create an account to use Built Custom Homes Online Consulting Services (an “Account”) and to purchase Products, Services and/or Consultations. You affirm and represent and warrant that you are 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
3. DESIGNERS. The terms and conditions set forth in this Section 3 shall apply to you if you engage with and/or purchase any Consultations from a Designer through Built Custom Homes Online Consulting Services.
3.1 Consultations. Built Custom Homes Online Consulting Services enables users to connect with Designers and purchase Consultations from such Designers. If you decide to engage a Designer you acknowledge and agree that you will be required to and shall pay the applicable fees for the Consultation purchased by you specified in the Order submitted by you to engage such Designer (the “Consultation Fees”). The Consultation Fees shall be paid through the payment processing methods available through Built Custom Homes Online Consulting Services in accordance with and as set forth in Section 9 below. You agree that you will not indirectly or directly offer or solicit any Designers, or accept any offer or solicitation from a Designer, to invoice, pay, or receive payment of the Consultation Fees or any other fees and/or amounts in any manner other than through Built Custom Homes Online Consulting Services.
3.2 Consultation Cancellations and Rescheduling. Subject to these Terms, you may not cancel or reschedule a Consultation once scheduled. All sales are final.
3.3 Independent Contractor Status. You agree and understand that all Designers of Built Custom Homes Online Consulting Services are independent contractors and are not employees of Built Custom Homes.
4. CONTRACTORS. The terms and conditions set forth in this Section 4 shall apply to you if you engage with and/or purchase any Consultations from a Contractor through Built Custom Homes Online Consulting Services.
4.1 Consultations. The Built Custom Homes Online Consulting Services enables users to connect with Contractors and purchase Consultations from such Contractors. If you decide to engage a Contractor you acknowledge and agree that you will be required to and shall pay the applicable fees for the Consultation purchased by you specified in the Order submitted by you to engage such Contractor (the “Consultation Fees”). The Consultation Fees shall be paid through the payment processing methods available through Built Custom Homes Online Consulting Services in accordance with and as set forth in Section 9 below. You agree that you will not indirectly or directly offer or solicit any Contractors, or accept any offer or solicitation from a Contractor, to invoice, pay, or receive payment of the Consultation Fees or any other fees and/or amounts in any manner other than through Built Custom Homes Online Consulting Services.
4.2 Licensing. You understand and accept that Contractors engaged by Built Custom Homes may not be licensed in the state you are living and/or operating. Built Custom Homes is not a licensed general contractor. Should you want to engage a Contractor to complete any work, you must seek a licensed Contractor in your state. BUILT CUSTOM HOMES DOES NOT WARRANT THAT ADVICE PROVIDED IN CONSULTATION COMPLIES WITH THE LICENSING IN YOUR STATE.
4.3 Work Performed. You understand that Contractors are only engaged to provide Consultations. Contractors shall not conduct any building, constructing, remodeling, and/or any other action through Built Custom Homes Online Consulting Services.
4.4 Independent Contractor Status. You agree and understand that all Contractors of Built Custom Homes Online Consulting Services are independent contractors and are not employees of Built Custom Homes.
IF YOU BELIEVE THAT RENOVATION/CONSTRUCTION IS (OR MAY BE) NECESSARY, BUILT CUSTOM HOMES RECOMMENDS THAT YOU CONSULT WITH A LICENSED PROFESSIONAL PRIOR TO UNDERTAKING ANY SUCH ACTIVITY.
5. FEES; PAYMENT TERMS
5.1 Fees for Built Custom Homes Service and Consultations; Payment Terms. The fees payable by you in connection to your use of Built Custom Homes Online Consulting Services and/or the purchase of Consultations shall be set forth in the applicable electronic or written order (each, an “Order”) submitted by you to obtain access to of Built Custom Homes Online Consulting Services and/or purchase the Consultations. You agree to pay Built Custom Homes, and hereby authorize of Built Custom Homes its third payment processors to charge you, the fees, charges and taxes specified in the Order submitted by. You will be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and/or your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) provided by you in connection with any Order. By submitting such information, you grant of Built Custom Homes the right to provide such information to our third party service providers for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Order.
5.2 Changes to Fees & Payment Terms. We may at any time and from time to time, in our sole discretion, change the fees, pricing models, charges, and/or payment terms, or add new fees, pricing models, charges, and/or payment terms applicable to Built Custom Homes Online Consulting Services Consultations and/or purchase of Products through Trade Vendors.
6. ADDITIONAL TERMS & POLICIES
6.1 Generally. When using particular services or materials through or in connection with Built Custom Homes Online Consulting Services, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including without limitation, our Privacy Policy. (the “Additional Terms”). All such Additional Terms are hereby incorporated into and made a part of these Terms by reference. In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
6.2 Privacy Policy. If you provide us any personal information in connection with your access and/or use of Built Custom Homes Online Consulting Services, Built Custom Homes will process such personal information as described in these Terms and our Privacy Policy. By using Built Custom Homes Online Consulting Services, you acknowledge and agree that Built Custom Homes can process your information in accordance with these Terms and as set forth in the Privacy Policy.
6.3 Text Service. If you opt-in to participate in Built Custom Homes' mobile messaging service that delivers certain service-related marketing and promotion communications via OTT/SMS/MMS text messages sent by us (or others on our behalf) (the “Text Service”), your use of, and participation in, the Text Service is governed by these Terms . For the avoidance of doubt, the Text Service is included in the term “Services” as used throughout these Terms and any other applicable Additional Terms. We do not charge for the Text Service, however, communications via text messaging may make use of the data network operated by your telephone, internet and/or wireless service provider to send both text messages and/or data, and you expressly acknowledge and agree that you, and not us, are solely responsible for any fees or charges incurred in connection with your receipt and/or sending of any Messages in connection with your use of the Text Service, including, without limitation, any telephone and/or mobile phone provider charges for SMS/MMS, text, or data usage or services, and/or any service charges for the use of any OTT messaging services. Check your mobile plan and contact your wireless provider for details. You may opt-out of Built Custom Homes' Text Service by texting "NO" or "STOP". BY OPTING IN TO THE TEXT SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO RECEIVE MESSAGES (INCLUDING, BUT NOT LIMITED TO MARKETING AND PROMOTIONAL MESSAGES) FROM US AND OTHERS TEXTING ON OUR BEHALF, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER OR SIMILAR TECHNOLOGY, AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO US AT THE TIME OF OPT-IN (OR ANY SUBSEQUENT NUMBER YOU PROVIDE TO US TO RECEIVE MESSAGES AS PART OF THE TEXT SERVICE). IF YOU DO NOT CONSENT TO RECEIVE TEXT MESSAGES UNDER THE TEXT SERVICE, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, DO NOT OPT-IN TO THE TEXT SERVICE. You may opt-out of the Text Service at any time by emailing info@builtcustomhomes.com.
7. MODIFICATION OF TERMS. Built Custom Homes reserves the right to update or modify these Terms and/or any Additional Terms at any time. All updates and modifications to these documents will be effective from the day they are posted online at _____ with respect to these Terms, or the specific webpage for the applicable Additional Terms. It is your responsibility to regularly visit and review these Terms and the Additional Terms for updates, changes and modification. If you do not agree to any updates or modifications to these Terms and/or any Additional Terms, simply do not use or access Built Custom Homes Online Consulting Services or purchase any Products, Services and/or Consultations, and, if applicable, terminate your user account. If you continue to access or use Built Custom Homes Online Consulting Services (or any part thereof) or purchase any Products, Services and/or Consultations after the applicable effective date of the revised Terms and/or Additional Terms, that will constitute your acceptance of the revised Terms.
8. ACCOUNTS; COMMUNICATIONS; USER SUBMISSIONS
8.1 Accounts. To access and use certain features of Built Custom Homes Online Consulting Services you may need to create and register an Account. In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use Built Custom Homes Online Consulting Services if you have been previously removed or banned by us from use of Built Custom Homes Online Consulting Services, or any part thereof. Built Custom Homes reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.
8.2 Account Security. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.
8.3 Electronic Communications. By using Built Custom Homes Online Consulting Services, you consent to receiving electronic communications from Built Custom Homes, including, notices posted on our Site, or sent to you via email and, if you have opted-in to our Text Service, via text, text message. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of Built Custom Homes Online Consulting Services, and/or purchase of any Products, Services and/or Consultations, and are part of your relationship with Built Custom Homes. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8.4 User Submissions. To the extent you post, submit, transmit, and/or upload, or otherwise provide any User Submissions, you grant Built Custom Homes a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Submissions, in whole or in part, in connection with your use of Built Custom Homes and/or Consultations, and as reasonably necessary to provide Built Custom Homes Online Consulting Services to you and other users. Built Custom Homes will only use User Submissions as provided in these Terms and/or any applicable Additional Terms, and the Privacy Policy, or as may be required by law.
8.5 Ownership & Responsibility for User Submissions. Subject to the licenses you grant us in these Terms, as between Built Custom Homes and you, you will retain ownership of your User Submissions. You acknowledge and agree that you, and not Built Custom Homes, are solely responsible for any User Submissions submitted, transmitted and/or contributed by you, including the legality, reliability, accuracy and appropriateness of such User Submissions. By providing User Submissions, you represent and warrant that: (a) you own or control all rights in and to User Submission, and have the necessary rights to grant the licenses granted to Built Custom Homes in these Terms; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Submissions, or any personally identifiable information therein, in connection with the use of Built Custom Homes Online Consulting Services and/or Consultations; and (c) all User Submissions do and will comply with these Terms.
9. USE OF BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES
9.1 Prohibited Use. By using Built Custom Homes Online Consulting Services, you agree that you will not, and will not permit any other person to:
(a) Modify, adapt, translate or create derivative works based on Built Custom Homes Online Consulting Services (or any part thereof) or any Service Content (other than your User Submissions);
(b) Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Site and/or Marketplace, except as expressly permitted by applicable law;
(c) Distribute, license, sublicense, assign, transfer or otherwise make available to any third party Built Custom Homes Online Consulting Services or any Service Content (other than your User Submissions);
(d) Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Built Custom Homes or its suppliers on or within Built Custom Homes Online Consulting Services or any Service Content;
(e) Store, transmit or upload any material and/or content through or in connection with the use of Built Custom Homes Online Consulting Services, or engage in any behavior in connection with your use of Built Custom Homes Online Consulting Services and/or any Consultations, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in Built Custom Homes' reasonable opinion;
(f) Use Built Custom Homes Online Consulting Services to store or transmit malicious code or any material in a way that violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity;
(g) Use Built Custom Homes Online Consulting Services (or any part thereof) and/or any Service Content to hack, spam, or phish Built Custom Homes, Designers, and/or any other users;
(h) Interfere with or disrupt the integrity or performance of Built Custom Homes Online Consulting Services (or any part thereof) or any system, network or data, or take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Built Custom Homes' technology infrastructure or otherwise make excessive traffic demands of Built Custom Homes Online Consulting Services;
(i) Attempt to gain unauthorized access to Built Custom Homes Online Consulting Services (or any part thereof) or its related systems or networks, including, without limitation, bypassing any “captcha” requirements or similar precautions;
(j) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of Built Custom Homes Online Consulting Services, features that prevent or restrict the use or copying of any Service Content, or features that enforce limitations on the use of Built Custom Homes Online Consulting Services;
(k) Frame or utilize framing techniques to enclose Built Custom Homes Online Consulting Services, Service Content, or any portion thereof;
(l) Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download Built Custom Homes Online Consulting Services, Service Content (except caching or as necessary to view the Service Content), or the personal information of others without our prior written permission or authorization;
(m) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(n) Operate to defraud Built Custom Homes, Designers, other users, or any other person or provide false, inaccurate or misleading information;
(o) Access and/or use Built Custom Homes Online Consulting Services (or any part thereof), Service Content, and/or any Consultations for the purpose of developing competitive products or services;
(p) Use Built Custom Homes Online Consulting Services, Service Content, or provide any User Submissions, other than in accordance with these Terms and/or any Additional Terms (if applicable); or
(q) Use Built Custom Homes Online Consulting Services and/or any Service Content in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.
9.2 Proprietary Rights. As between you and Built Custom Homes, Built Custom Homes and its licensors retain all right, title and interest in and to Built Custom Homes Content and Built Custom Homes Online Consulting Services, including, but not limited to, the visual interfaces, interactive features, graphics, design, compilation, our selection, coordination, aggregation, and arrangement of Service Content, computer code, products, software, aggregate star ratings, and all other elements and components of Built Custom Homes Service (but excluding any User Submission and Third Party Content), and any and all modifications, enhancements and updates to any of the foregoing. All Built Custom Homes trademarks, tradenames, service marks, logos and branding are strictly owned by Built Custom Homes, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any trademark, tradename, service mark, logo and/or branding of Built Custom Homes without written authorization from Built Custom Homes. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through Built Custom Homes Service and/or Service Content may be the trademarks of their respective owners. Built Custom Homes reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Built Custom Homes. Built Custom Homes Service (and its underlying technology) and Built Custom Homes Content are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
10. THIRD PARTY INTEGRATIONS AND THIRD PARTY CONTENT.
10.1 Third Party Integrations. Built Custom Homes Online Consulting Services may integrate and/or enable you to utilize certain third-party products, services and/or applications (including, without limitation, including, without limitation, data products and services) in connection with the use of Built Custom Homes Online Consulting Services which are not owned, controlled, or operated by Built Custom Homes and are subject to separate terms and conditions (collectively, “Third-Party Integrations”). Your use of any Third-Party Integrations is governed by the terms and conditions, terms of service, and/or similar end user agreements of the respective service providers. The Third-Party Integrations are not part of or included in the term “Built Custom Homes Service” as used through these Terms, and are operated and controlled by the applicable third-party providers of the Third-Party Integrations. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND FOR COMPLYING WITH THE APPLICABLE TERMS OF SERVICE AND PRIVACY POLICIES FOR SUCH THIRD-PARTY INTEGRATIONS. FAILURE TO COMPLY MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT WITH A THIRD-PARTY INTEGRATION PROVIDER AND INABILITY TO USE A PARTICULAR FEATURE OR SERVICE WE OFFER.
10.2 Third Party Content, & Services & Linked Sites. We may publish and/or make available Third Party Content on or through Built Custom Homes Online Consulting Services and/or links or advertisements to certain third-party websites, products and/or services, including, but not limited to, affiliates of Built Custom Homes and links to jasmine-roth.com/ (collectively, “Linked Sites & Ads”). Built Custom Homes may receive payment or a commission if you purchase any services, products, applications, and/or goods offered by or through the providers of such Linked Sites & Ads (collectively, the “Third-Party Integrations”); however, the Linked Sites & Ads and the applicable Third-Party Services are not controlled or owned by Built Custom Homes. If you decide to use such Linked Sites & Ads and/or any Third-Party Services, be advised that your use is governed solely by the terms and conditions of the respective providers of such Linked Sites & Ads and/or the Third-Party Services. YOU ARE RESPONSIBLE FOR REVIEWING AND COMPLYING WITH THE TERMS AND CONDITIONS AND PRIVACY POLICIES ON ANY LINKED SITES & ADS.
10.3 Affiliate Site. Built Custom Homes is affiliated with www.jasmine-roth.com/ (the "Affiliate Site") and as such, links extensively to the Affiliate Site, for which Built Custom Homes may receive commissions and compensation from the owners of the Affiliate Site. However, content on the Affiliate Site is not managed or controlled by Built Custom Homes, and such products and services on the Affiliate Site are not those provided by Built Custom Homes. Your use of the Affiliate Site is a Third-Party Integration as defined above and is not part of or included in the term “Built Custom Homes Service” as used through these Terms. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND FOR COMPLYING WITH THE APPLICABLE TERMS OF SERVICE AND PRIVACY POLICIES FOR THE AFFILIATE SITE AND CARRIES THE SAME RISKS SPECIFIED IN SECTION 10.1 AND 10.2 ABOVE.
11. INDEMNIFICATION. To the fullest extent allowed by law, You agree to indemnify, defend and hold harmless Built Custom Homes, its employees, contractors, designers, service providers, vendors, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms and/or any other Additional Terms, (b) violation of any license or other agreement applicable to any Third Party Integrations; (c) failure to perform and/or comply with your obligations and responsibilities applicable to any Consultations purchased by you, (d) your use or alleged misuse of Built Custom Homes Online Consulting Services (or any part thereof) and/or any Service Content, (e) your use and/or misuse of the Consultations you purchase, (f) your User Submissions; and/or (g) any of your Dealings and Your Disputes. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
12. TERMINATION AND CHANGES
12.1 Termination. You may terminate at any time ceasing all use of Built Custom Homes Online Consulting Services and, if you have an Account, terminating your Account by emailing us at info@builtcustomhomes.com. At any time, Built Custom Homes may suspend or terminate your rights to access or use Built Custom Homes Online Consulting Services (or any part thereof), and/or terminate these Terms with respect to you, if Built Custom Homes, in good faith, believes that you have used Built Custom Homes Online Consulting Services (or any part thereof) in violation of these Terms and/or any Additional Terms. Upon termination of these Terms, your Account and your right to use Built Custom Homes Online Consulting Services will automatically terminate.
12.2 Changes and Modifications. Built Custom Homes reserves the right to either temporarily or permanently modify, suspend, remove, or discontinue Built Custom Homes Online Consulting Services (in whole or in part) and/or any Products and Services offered through or in connection with Built Custom Homes Online Consulting Services , at any time, with or without notice. You agree that Built Custom Homes will not be liable to you or to any third party for any modification, suspension, removal or discontinuance of Built Custom Homes Online Consulting Services (or any part thereof) and/or any Products or Services.
13. DISCLAIMERS OR WARRANTIES & LIMITATIONS ON OUR LIABILITY.
13.1 Disclaimer of Warranties - Generally. BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES, SERVICE CONTENT, CONSULTATIONS, AND/OR ANY OTHER MATERIALS PROVIDED BY BUILT CUSTOM HOMES, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE”. BUILT CUSTOM HOMES AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BUILT CUSTOM HOMES AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES (OR ANY PART THEREOF), SERVICE CONTENT, PRODUCTS, CONSULTATIONS, OR ANY OTHER MATERIALS PROVIDED BY BUILT CUSTOM HOMES OR IN CONNECTION WITH BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INTEGRATIONS; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUILT CUSTOM HOMES, ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY DESIGNERS AND/OR TRADE VENDORS, OR THROUGH BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES ANY SERVICE CONTENT, AND/OR CONSULTATIONS, SHALL CREATE ANY WARRANTY.
13.2 Disclaimer – Product Information, Colors; Product Listings. ALL INFORMATION PROVIDED AND/OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES AND/OR CONSULTATIONS REGARDING THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, IMAGES, PICTURES AND/OR MATERIALS INCLUDED IN PRODUCTS LISTINGS, AND/OR ANY INFORMATION ABOUT THE VENDOR OF THE PRODUCTS (COLLECTIVELY, “Product Information”) IS PROVIDED FOR INFORMATIONAL PURPOSES AND PERSONAL USES ONLY. YOU UNDERSTAND AND AGREE THAT BUILT CUSTOM HOMES USES COMMERCIALLY REASONABLE EFFORTS TO DISPLAY THE COLORS OF THE PRODUCTS ACCURATELY ON THE SITE AND THE MARKETPLACE. HOWEVER, BECAUSE INDIVIDUAL COMPUTER MONITORS AND/OR DEVICES MAY DISPLAY COLORS DIFFERENTLY, BUILT CUSTOM HOMES IS NOT RESPONSIBLE FOR THE COLOR ACCURACY OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE AND/OR MARKETPLACE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. BUILT CUSTOM HOMES ASSUMES NO LIABILITY WHATSOEVER FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS RELATED TO ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, COLOR ACCURACY OF ANY PRODUCTS DISPLAYED OR LISTED ON THE SITE AND/OR MARKETPLACE. YOUR USE OF OR RELIANCE UPON ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMAGES OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE AND/OR MARKETPLACE, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.
13.3 Disclaimer – Third Party Content, Integrations, Sites, Products and Services. BUILT CUSTOM HOMES DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO ANY THIRD- PARTY CONTENT, THIRD PARTY, INTEGRATIONS, LINKED SITES AND/OR THIRD-PARTY SERVICES (ALL OF THE FOREGOING, “THIRD PARTY PRODUCTS AND/OR SERVICES”), THEIR CONTENT OR THE MANNER IN WHICH THE PROVIDERS OF SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES HANDLE YOUR DATA. IN ADDITION, BUILT CUSTOM HOMES IS NOT AND WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY THIRD- PARTY PRODUCTS AND/OR SERVICES. BUILT CUSTOM HOMES IS NOT AND SHALL NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR ACCESS OR USE OF ANY THIRD-PARTY PRODUCTS AND/OR SERVICES, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES. YOUR USE OF AND RELIANCE ON ANY THIRD-PARTY PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK.
13.4 Disclaimer – Measurements. BUILT CUSTOM HOMES IS NOT RESPONSIBLE FOR INADVERTENT MIS-MEASUREMENTS OF SUGGESTED FURNISHINGS. SIMILARLY, BUILT CUSTOM HOMES IS NOT RESPONSIBLE FOR CONFIRMING THAT SUGGESTED MERCHANDISE WILL FIT THROUGH YOUR DOORWAYS, HALLWAYS, STAIRWAYS OR ELEVATORS. ALL SKETCHES AND/OR FLOORPLANS PREPARED BY BUILT CUSTOM HOMES ARE: (I) BASED ON DIMENSIONS AND OTHER INFORMATION PROVIDED BY YOU; AND (II) ARE INTENDED FOR DESIGN PURPOSES ONLY; AND (III) CANNOT BE USED FOR CONSTRUCTION.
13.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUILT CUSTOM HOMES, DESIGNERS, OR CONTRACTORS BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, AND ANY OTHER ADDITIONAL TERMS (INCLUDING THOSE REFERENCED HEREIN), BUILT CUSTOM HOMES ONLINE CONSULTING SERVICES (OR ANY PART THEREOF), SERVICE CONTENT, PRODUCTS, CONSULTATIONS, AND ANY OTHER MATERIALS PROVIDED BY OR ON BEHALF OF BUILT CUSTOM HOMES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF BUILT CUSTOM HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION:
(A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO BUILT CUSTOM HOMES BY YOU UNDER THE APPLICABLE ORDER WITH RESPECT TO THE PRODUCTS, SERVICES, AND/OR CONSULTATIONS GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00);
(B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES;
(C) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR
(D) FOR ANY MATTER BEYOND BUILT CUSTOM HOMES' REASONABLE CONTROL.
THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BUILT CUSTOM HOMES DISCLAIMS ALL LIABILITY OF ANY KIND OF BUILT CUSTOM HOMES' LICENSORS AND SUPPLIERS.
13.5 Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 13 may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
14. GOVERNING LAW AND DISPUTE RESOLUTION.
14.1 Governing Law. These Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety and the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA are expressly excluded from this Agreement. The Federal Arbitration Act and federal arbitration law apply to the agreement to arbitrate by the parties set forth in this Section 14.
14.2 Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and Built Custom Homes arising out of or relating to these Terms, any Additional Terms, Built Custom Homes Online Consulting Services (or any part thereof), any Service Content, and/or the purchase of any Products (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
14.3 Agreement to Arbitrate. In the interest of resolving Disputes between you and Built Custom Homes in the most expedient and cost-effective manner, and except as described in Section 16.7, you and Built Custom Homes agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the “Agreement to Arbitrate”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND BUILT CUSTOM HOMES WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the Agreement to Arbitrate.
14.4 Notice of Arbitration; Instituting Proceedings. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Built Custom Homes' address for Notice is:info@builtcustomhomes.com; Subject Line: Notice of Dispute. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and Built Custom Homes agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received by the other party, you or Built Custom Homes may commence an arbitration proceeding, as set forth above. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
14.5 Arbitration. Any arbitration between you and Built Custom Homes will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Section 16.5. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be heard and determined by a single, neutral arbitrator mutually agreed on by you and Built Custom Homes (provided, if you and Built Custom Homes cannot agree within 30 days from commencement of the claim, the arbitrator will be selected in accordance with the AAA Rules); (b) the arbitration will take place at a location within the county you reside or another location mutually agreed on by the parties, but will be conducted solely by telephone, online, or based solely on written submissions (except as set forth below or unless you and we agree otherwise); (c) the arbitration must not involve any witnesses (unless we and you agree otherwise); and (d) any judgment on the arbitrator's rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA's rules about whether the arbitration hearing has to be in-person. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
14.6 Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you commence arbitration in accordance with these Terms and your claim in total is less than $10,000 USD, Built Custom Homes will reimburse the filing fees paid by you, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, Built Custom Homes will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim is frivolous.
14.7 Exceptions to Arbitration. If you have in any manner violated or threatened to violate any of Built Custom Homes' intellectual property rights, Built Custom Homes may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of New York, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
14.8 Opting-Out of Arbitration. If you do not wish to resolve Disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you agree to these Terms by sending an opt-out notice via email to us at: info@builtcustomhomes.com; Subject Line: Arbitration Opt-Out Notice, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Built Custom Homes receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 16.10 will govern any action arising out of or related to these Terms. The remaining provisions of this Section 16 will not be affected by your Opt-Out Notice.
14.9 No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH BUILT CUSTOM HOMES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.
15.10 Enforceability; Venue. If the Agreement to Arbitrate is found not to apply to your or our claim, you and Built Custom Homes agree that any judicial proceeding will be brought in the federal or state courts located California. Both you and Built Custom Homes consent to venue and personal jurisdiction there.
15.11 Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Built Custom Homes Online Consulting Services (or any part thereof), Service Content, and/or Products provided or made available by Built Custom Homes hereunder must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
15.12 Partial Invalidity. In the event that any provision of this Agreement is declared by any court of jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions, and provisions in this Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form, the remainder of the Agreement shall continue to be binding upon the parties of the Agreement.