Last Updated: July 22, 2022
These Terms of Service ("Terms") apply to your access to and use of the websites located at https://www.customhome.ai/ (the "Customhome AI Site") and https://bimquote.com/ (the "BIMQuote Site")(and any successor websites), mobile applications and other products and services (collectively, our"Services") provided by Builder Services Platform, LLC, d/b/a BIMQuote and, as applicable,its corporate affiliates, and their respective partners, agents, representatives, and employees (collectively, "BIMQuote" or "we").You may be using our Services in the capacity of an Owner, GC,Supplier, or Subcontractor (each as defined below) and there may be certain terms in these Terms that apply to you in such capacity only.Unless otherwise expressly provided in these Terms, "you" refers to Owners, GCs, Suppliers, and Subcontractors, without regard to the capacity in which any of the foregoing is using our Services.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 19, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
General. Our Services enablehome or dwelling owners, owner-builders,and general contractorsinterested in certain construction-related services (such ownersand owner-builders are referred to in these Terms as"Owners," and such general contractors as "GCs")to, among other things,procure goods from material suppliers ("Suppliers") and/or services from subcontractorsor other service providers ("Subcontractors"). The goods provided by Suppliers via our Services are referred to in these Terms as the "Supplier Products" and the services provided by Subcontractors via our Services are referred to in these Terms as the "Subcontractor Services."Our Services are a neutral marketplace that enables communication and transactions between, (i) on the one hand,Owners and/or GCsseeking to procure Supplier Products and/or Subcontractor Services and (ii) on the other hand, Suppliers seeking to sell Supplier Products and/or Subcontractors seeking to provide Subcontractor Services. Suppliers alone are responsible for their Supplier Products and Subcontractors alone are responsible for their Subcontractor Services. We have no control over and do not guarantee (A) the existence, quality, safety, suitability, or legality of any Supplier Products or Subcontractor Services, (B) the truth or accuracy of any Supplier Products or Subcontractor Services descriptions, ratings, reviews, or any User Content (as defined below), or (C) the performance or conduct of any Owner, GC, Supplier,Subcontractor, or third party. BIMQuote does not endorse any Owner, GC, Supplier, Subcontractor, Supplier Products, or Subcontractor Services. Any description of any Owner, GC, Supplier, Subcontractor, Supplier Products, or Subcontractor Services, or any User Content posted by an Owner, GC, Supplier,or Subcontractor,is not an endorsement, certification or guarantee by BIMQuote about any such Owner, GC, Supplier, Subcontractor, Supplier Products, or Subcontractor Services.
Supply or Services Agreements. When an Owner or GC procures Supplier Products or Subcontractor Services, that Owner or GC is entering into a contract directly with the Supplier (a "Supply Agreement") or the Subcontractor(a "Subcontractor Agreement"), not BIMQuote, and BIMQuote is not and does not become a party to, or other participant in, any Supply Agreement or Subcontractor Agreement or other contractual relationship between Owners and/or GCs, on the one hand, and Suppliers and/or Subcontractors on the other. BIMQuote is not acting as an agent in any capacity for you. You, and not BIMQuote, are solely responsible for (i) evaluating and determining the suitability of another party and its products and/or services, (ii) assessing whether to enter into a Supply Agreement or Subcontractor Agreement and for verifying any information about the other party thereto, and (iii) negotiating, agreeing to, and executing the terms and conditions of the Supply Agreement or Subcontractor Agreement and monitoring the performance thereunder. Without limiting the foregoing, and as further set forth in Section 17, BIMQuote assumes no liability or responsibility for damages associated with the Supplier Products or Subcontractor Services or resulting from any Supply Agreement or Subcontractor Agreement or any other transactions between Owners and/or GCs, on the one hand, and Suppliers and/or Subcontractors on the other. With respect to any Supply Agreement or Subcontractor Agreement, Owners and/or GCs, on the one hand, and Suppliers and/or Subcontractors on the other may include any terms that they deem appropriate, provided that those agreements do not conflict with, expand, or otherwise affectBIMQuote's rights and obligations under these Terms. As between you and BIMQuote, in the event a term or condition of a Supply Agreement or Subcontractor Agreement conflicts with a term or condition of these Terms, the term or condition of these Terms will control to the extent of the conflict.
Sample Templates. You may use BIMQuote's online templates for certain Supplier Products or Subcontractor Services made available within the BIMQuote Siteor any successor location ("Sample Templates"), in whole or in part.You are solely responsible for deciding whether to use any Sample Templatesand BIMQuote assumes no liability or responsibility for the consequences of using any Sample Templates. Sample Templates are provided only for convenience and as an exemplar, and may not be appropriate for all jurisdictions, particular Supplier Products or Subcontractor Services, or other transactions between the Owner and/or GC, on the one hand, and the Supplier and/or Subcontractor on the other. Sample Templates are not intended to and do not (i) constitute legal advice, (ii) create an attorney-client relationship, or (iii) constitute advertising or a solicitation of any type. You acknowledge and agree that you should seek legal advice from a licensed attorney for your particular needs. To the extent you use a Sample Template for the procurement and provision of Supplier Products and/or Subcontractor Services, you acknowledge that such Sample Template will be deemed a Supply Agreement (if with a Supplier) or Subcontractor Agreement (if with a Subcontractor), as such termsare used in these Terms.
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account. You may not permit others to use your account. You are responsible for all activities that occur in connection with your account.
The following terms in this Section 4 apply only to Owners and GCs.
The following terms in this Section 5 apply only to Suppliers and Subcontractors.
Our Services, includingall Models and the other text, graphics, images, photographs, videos, illustrations and other content contained in our Services, are owned byBIMQuoteor our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services (excludingall Models, which are only licensed to you in Section 4(a)(ii) once you have paid the Modeling Fee(s)). Any use of our Services (including all Models) other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate the licenses granted in these Terms and violate our intellectual property rights.
BIMQuote, Customhome.ai, Customhome AI andour logos, our product or service names, our slogans and the look and feel of our Services are trademarks of BIMQuote and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BIMQuote or our Services(collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, includingto develop, copy, publish, or improve the Feedback in BIMQuote's sole discretion. You understand that BIMQuote may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may follow the process set forth at https://builders-capital.com/dmca/.
Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable toBIMQuotefor certain costs and damages.
We may provide information about or links to third-party products or services, or we may allow third parties to make their content or information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. BIMQuote does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content,and your access to and use of such Third-Party Content is at your own risk.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES, ANY MODELS, AND ANY OTHER CONTENT ON OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BIMQUOTE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES.
BIMQuote makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites linked to the Services; BIMQuote assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of such content, (ii) any unauthorized access to or use of our servers and/or any and all information stored therein, (iii) any interruption or cessation of transmission to or from the Services, (iv) any bugs, viruses or any other similar software which may be transmitted to or through the Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BIMQUOTE IS NOT, AND DOES NOT HOLD ITSELF OUT TO BE, AN ARCHITECT, CONTRACTOR, ENGINEER, OR BUILDERNOR IS BIMQUOTE LICENSED AS SUCH, (B) BIMQUOTE IS NOT PRACTICING ARCHITECTURE, CONTRACTING OR ENGINEERING SERVICES, OR BUILDING SERVICES WHEN PROVIDING OUR SERVICES, AND (C) BIMQUOTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO BIMQUOTE'S OR OUR SERVICES' COMPLIANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE APPLICABLE TO ARCHITECTS, CONTRACTORS, ENGINEERS, OR BUILDERS).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASEBIMQUOTE, BUILDERS CAPITAL AND THE OTHER BIMQUOTEPARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, WITHOUT LIMITATION, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF ANY MODELS, SUPPLIER PRODUCTS, SUPPLY AGREEMENTS, SUBCONTRACTOR SERVICES, SUBCONTRACTOR AGREEMENTS, BUILDERS CAPITAL DRAWS, DISPUTES BETWEEN USERS, AND THE ACTS AND OMISSIONS OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, OWNERS, GCS, SUPPLIERS AND/OR SUBCONTRACTORS, AS APPLICABLE).
IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with BIMQuote and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. federal law or if the law of another State is required by law to govern these Terms or the use of our Services, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Unless otherwise required by law, any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Washington and the United States, respectively, having jurisdiction over Pierce County, Washington.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use our Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").
The following terms apply if you install, access or use our Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):
The failure of BIMQuote to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms (and any Separate Agreement(s) between you and BIMQuote) reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.