Terms and Conditions – Big Home Projects

Big Home Projects Terms of Service for Users and Customers

By using the BigHomeProjects.com web site (“Service”), or any services of Big Home Projects, Inc (“Big Home Projects”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

Big Home Projects reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time.

Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

A. Account Terms

You must be 13 years or older to use this Service
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

You are responsible for maintaining the security of your account and password. Big Home Projects cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for managing payment transactions on your own website. Big Home Projects cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of Big Home Projects and are solely the responsibility of you, the user of the Service.
If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. Big Home Projects will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member’s payment transactions are canceled and that no future billings occur.

The payment processing system may only be used for your membership subscriptions, lead purchases, or the purchase of other services that are fulfilled through the Big Home Projects platform. The purchase of other 3rd party services that are not fulfilled through the Big Home Projects platform (marketing services, subscriptions to other services or websites, advertising agreements, etc) cannot be charged through the payment processing system of your Big Home Projects website. This is done to protect members, users, and website owners from credit card fraud and other potential financial damage.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

The Big Home Projects software is sold as a Software as a Service (SaaS). All Big Home Projects SaaS licensees are provided with Big Home Projects premium hosting to host their Big Home Projects website. This hosting account may only be used to host files, databases, and content, as it is initially installed in the hosting account by Big Home Projects and in compliance with this Terms of Service document. No third party applications, files, databases, or content (such as a WordPress, Joomla, phpBB, or any other application) may be installed, saved, or hosted in a Big Home Projects hosting account at any time. If an agent of Big Home Projects discovers an unauthorized third party application, file, database, or other content installed, it is subject to immediate removal without prior notice to the licensee, may result in the immediate termination of the license, and removal of the entire website and all related files from the Big Home Projects servers. If you have questions about whether or not an item may be installed, uploaded or saved to your Big Home Projects hosting account, please contact support@BigHomeProjects.com first.
Users of the Service are allowed up to 10 gigabytes of free bandwidth usage per month. Any users of the Service who surpass the 10 gigabytes of free bandwidth usage limit per month may be subject to additional charges, rate increases, and or surcharges.
Users of the Service are allowed up to 10 gigabytes of free disk space usage. Any users of the Service who surpass the 10 gigabytes of free disk space usage limit may be subject to additional charges, rate increases, and or surcharges.

Each plan of the Service includes a maximum number of members that can be hosted on the Service. Any users of the Service who surpass the allowed member limit of their Service plan may be subject to additional charges, rate increases, and or surcharges.

B. Payment, Refunds, Upgrading and Downgrading Terms

All plans must enter a valid credit card and a valid credit card must always be on file in order to keep the Service active.
All fees and charges incurred in connection with your Big Home Projects account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to Big Home Projects. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your credit card details by contacting support@BigHomeProjects.com and requesting an update to your credit card on file.

All plans will continue and renew automatically, unless properly cancelled (see Section C #1)
If you initially sign up for a plan which includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.

The Service includes a “7 Day Money-Back Guarantee” Option. This Option may only be exercised within 7 days (168 hours) after the payment for the initial purchase of the Service has been received, or the customer has been provided with their account login credentials (whichever happens first), and only applies to products that are purchased at the full retail price listed on http://www.BigHomeProjects.com/online-directory-pricing. The “7 Day Money-Back Guarantee” does not apply when a product is purchased for a lesser amount, including when the price is reduced due to the use of coupons, promotions, or for any other reason.
Not all parts, segments, or extensions of the Service are supported by the “7 Day Money-Back Guarantee”.
The “7 Day Money-Back Guarantee” Option does not apply and is not limited to the following: website or software customizations, training sessions, labor, consultations, services, plugins, extensions, add-ons, themes, and other aspects of the Service not related to the purchase of a License to use the Service.

To be fair to all users of the Service, all sales are final and refunds will not be issued unless a purchase is refundable under the parameters of the “7 Day Money-Back Guarantee” as described here. The Service is non-refundable outside of these parameters.
The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or for periods where the license holder did not use their account without cancelling the Service. In order to treat all users of the Service equally, no exceptions will be made.

Promotions, discounts, deals, and/or additional offers may not be applied after a sale or transaction has been completed.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.

Downgrading your Service may cause the loss of features or capacity of your Account. Big Home Projects does not accept any liability for such loss.
If a scheduled payment is missed or cannot be processed and remains past due, services may be stopped or cancelled and service cancellation notices may be sent via email to all email addresses associated with the account.
Big Home Projects offers “The Right Plan Promise Agreement”. “The Right Plan Promise Agreement” protects users from price increases of Service plans they are already subscribed to as well as enables users to take advantage of new lower prices when they are available for the same plan they are already subscribed to. Users may also add additional accounts at the same price levels of subscriptions of the Service that they have already subscribed to.

C. Cancellation and Termination

You are solely responsible for properly canceling your account. An email request to cancel your account is required to cancel your Account and stop ongoing payments. Emails must be sent to cancel@BigHomeProjects.com.
In order to prevent fraud or accidental cancellations, additional security information may be required to protect you from falsified cancellations. And until such security information can be provided to verify your identity, your account and the Service will remain active.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Big Home Projects, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other Big Home Projects service, for any reason at any time. Reasons for this may include but are not limited to: using the Service for illegal purposes or using the Service to post illegal content. In the event your account is terminated all content can be exported and provided to you. You may contact support@BigHomeProjects.com to request an export of all your data if you are unable to export it yourself or if you need assistance.
If a credit card dispute is opened for a payment made for The Service, or if a scheduled payment for The Service is stopped, cancelled or disputed, your account may be terminated immediately, access to The Service will be cancelled and all refund agreements will be voided.
1. In the event of a credit card dispute, access to The Service will only be restored once one of the following occurs:
  1. The Merchant Provider of The Service has provided due notification that the credit card dispute has been resolved in full, and has provided The Service unrestricted access to the disputed funds.
  2. The full amount of the disputed credit card, plus any other fees due, plus any additional fees incurred by the Service as a result of the credit card dispute has been paid in full. Once The Merchant Provider of The Service has provided The Service unrestricted access to the disputed funds of the initial transaction, said funds will be refunded to the Customer via the standard refund procedure of The Merchant.

D. Modifications to the Service and Prices

Big Home Projects reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the Big Home Projects site (BigHomeProjects.com) or the Service itself.
Big Home Projects shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Transferring of ownership and liability of your account for the Service is possible. This requires an email and/or phone request in order to transfer ownership of the Service to a new party. In order to prevent fraud or accidental ownership transfers, additional security information may be required to protect you from falsified transfers. And until such security information can be provided to verify your identity, your account and the Service will not be transferred to another party. A one-time transfer fee may apply to transfer ownership and liability of the Service to a new party.
Although upgrading to newer versions of the Service is free, requesting Big Home Projects to assist with migrations such as, but not limited to, member feature posts and data, design, category structures, widgets, and functionality may incur additional fees, and may not be possible in some circumstances. Big Home Projects does not guarantee that any of the migrations listed above will be possible when the migration will occur between websites using different software versions or design frameworks.
If your website is using Big Home Projects payment processing with the default payment gateway (Brilliant Payments), meaning you are not using your own payment gateway account, you assume all risks associated with the collection of these payments through your website.
- If a member of your website disputes a charge to their credit card or files a chargeback claim on a payment made through your website using the default payment gateway, you cannot request a withdrawal of the funds associated with the disputed transaction until the claim is settled.
- Big Home Projects will respond to the chargeback claim on your behalf.
- Big Home Projects may not notify the website owner that a chargeback claim was filed by a member.
- If a chargeback claim is lost and as a result the member receives a refund of the associated transaction, this amount will be deducted from your website’s Net Revenue total, and a $20 fee will also be deducted from your Net Revenue Total to compensate for the $20 fee charged by the payment gateway to mediate the dispute.
- If a chargeback claim is won by Big Home Projects, your Net Revenue Total will not be impacted.

E. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.

We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
In no way does using the Service define a legal partnership with Big Home Projects including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
Big Home Projects does not pre-screen users of the Service, and allows anyone to use the Service, but Big Home Projects has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.

If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that Big Home Projects assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against Big Home Projects.
Big Home Projects is not affiliated with any users of the Service
Big Home Projects claims no relationship, association, or affiliation with users of the Service.

Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of Big Home Projects, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
Big Home Projects does not pre-screen Content, but Big Home Projects has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Big Home Projects against any claim, demand, suit or proceeding made or brought against Big Home Projects by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Big Home Projects for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Big Home Projects in connection with any such claim, demand, suit or proceeding; provided, that Big Home Projects (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Big Home Projects of all liability); and (c) provides to You all reasonable assistance, at Your expense.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
You agree that Big Home Projects is not responsible for, and does not endorse, Content posted within the Service. Big Home Projects does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Service’s Privacy Policy, available at http://www.BigHomeProjects.com/online-directory-script-privacy-policy, as between you and Big Home Projects, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Big Home Projects is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Big Home Projects in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Big Home Projects, and Big Home Projects will not be liable for any use or disclosure of any Content you provide.

The look and feel of the Service is copyright ©2015 Big Home Projects, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Big Home Projects.

F. General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and may be available via email, phone or live text chat.

You understand that Big Home Projects uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Big Home Projects, or any other Big Home Projects service.
You may use Big Home Projects subdomains (e.g., yourname.BigHomeProjects.com) solely as permitted and intended by Big Home Projects to host your membership sites and marketing pages, and for no other purpose. You may not use Big Home Projects subdomains in violation of Big Home Projects’ trademark or other rights or in violation of applicable law. Big Home Projects reserves the right at all times to reclaim any Big Home Projects subdomain without liability to you.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Big Home Projects.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Big Home Projects customer, employee, member, or officer will result in immediate Account termination.

Threats against employees: Unfortunately, a few users have made threats against employees in the past. We cannot accept such behavior and regard it as a material breach of the Terms & Conditions of The Service which can lead to the immediate termination of your account for The Service and filing of a report with the relevant authorities. We aim to work with you in a professional, courteous and productive manner.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, or “spam” messages.

If you create more websites than your plan includes, and do not upgrade to a higher plan, you will be charged per website based on the current prices of the plans which will be assigned based on the feature limits you are using for each website.
Big Home Projects does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Big Home Projects shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Big Home Projects has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.

The failure of Big Home Projects to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Big Home Projects and govern your use of the Service, superseding any prior agreements between you and Big Home Projects (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
Questions about the Terms of Service should be sent to our contact page.

Accuracy and Availability of Information

The Site contains database information and other content compiled by Big Home Projects. While we use commercially reasonable efforts to provide accurate information, Big Home Projects gives no warranty as to the accuracy of the database and other content on the Site. Big Home Projects reserves the right to withdraw or delete information or content from the Site at any time.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE Big Home Projects PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Big Home Projects CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Big Home Projects PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Big Home Projects PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Big Home Projects PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Big Home Projects PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Big Home Projects’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Big Home Projects PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Big Home Projects PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Big Home Projects IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Big Home Projects’ request), indemnify and hold the Big Home Projects Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Big Home Projects in the defense of any claim. Big Home Projects reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Big Home Projects.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Big Home Projects and governs your use of the Service, superseding any prior agreements between you and Big Home Projects. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Big Home Projects. Any purported assignment or delegation by you without the appropriate prior written consent of Big Home Projects will be null and void. Big Home Projects may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

2023-07-11 More terms added

1. ACCEPTANCE OF TERMS

big home projects – contractor listing directory provides a collection of online resources, including classified ads, links, referrals, photos, forums, catalogs, and various email services available on or through big home projects – contractor listing directory (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular big home projects – contractor listing directory services, you agree to abide by any applicable posted guidelines for all big home projects – contractor listing directory services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

big home projects – contractor listing directory reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to big home projects – contractor listing directory in its sole discretion. Although big home projects – contractor listing directory attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against big home projects – contractor listing directory for failing to adequately screen potential users or prevent the use of big home projects – contractor listing directory or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. This Content has not been verified by big home projects . More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of big home projects – contractor listing directory to post content, or if you imply consent that big home projects – contractor listing directory may post content on your behalf, either by written or oral means, or you fail to inform big home projects – contractor listing directory that content should be removed, you are equally responsible for the content. You waive any and all claims against big home projects – contractor listing directory of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on big home projects – contractor listing directory. You understand that big home projects – contractor listing directory does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, big home projects – contractor listing directory and Content available through the Service may contain links to other websites, which are completely independent of big home projects – contractor listing directory. big home projects – contractor listing directory makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will big home projects – contractor listing directory be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that big home projects – contractor listing directory does not pre-screen or approve Content, but that big home projects – contractor listing directory shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

big home projects – contractor listing directory and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of big home projects – contractor listing directory, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for big home projects – contractor listing directory to verify information provided by the seller of any item.

You agree that big home projects – contractor listing directory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that big home projects – contractor listing directory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release big home projects – contractor listing directory, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to big home projects – contractor listing directory’s agent for notice of claims of copyright or other intellectual property infringement:

by email:

contact me page

Please include the following with your Notice to our Abuse Agent:

The identity of the material on big home projects – contractor listing directory that you claim is infringing, in sufficient detail so that we may locate it on the website;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your address, telephone number, and email address;

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

big home projects – contractor listing directory may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by big home projects – contractor listing directory’s Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

that impersonates any person or entity, including, but not limited to, a big home projects – contractor listing directory employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of big home projects – contractor listing directory which are not designated for such purposes;

or emailed to big home projects – contractor listing directory users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by big home projects – contractor listing directory;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;

attempt to gain unauthorized access to big home projects – contractor listing directory’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or big home projects – contractor listing directory;
or use any form of automated device or computer program that enables the submission of Content on big home projects – contractor listing directory without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on big home projects – contractor listing directory’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from big home projects – contractor listing directory. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from big home projects – contractor listing directory.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to big home projects – contractor listing directory email addresses or through big home projects – contractor listing directory computer systems is expressly prohibited by these TOU. Any unauthorized use of big home projects – contractor listing directory computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

You acknowledge that big home projects – contractor listing directory may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that big home projects – contractor listing directory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that big home projects – contractor listing directory reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that big home projects – contractor listing directory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

big home projects – contractor listing directory grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by big home projects – contractor listing directory. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

big home projects – contractor listing directory does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by big home projects – contractor listing directory to do so. You may create a hyperlink to the home page of big home projects – contractor listing directory, so long as the link does not portray big home projects – contractor listing directory, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

big home projects – contractor listing directory may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. big home projects – contractor listing directory permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “big home projects – contractor listing directory” as the source, (d) your use or display does not suggest that big home projects – contractor listing directory promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden big home projects – contractor listing directory’s systems. big home projects – contractor listing directory reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by big home projects – contractor listing directory immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from big home projects – contractor listing directory that has been signed by one of big home projects – contractor listing directory’s authorized representatives.

14. TERMINATION OF SERVICE

You agree that big home projects – contractor listing directory, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if big home projects – contractor listing directory believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that big home projects – contractor listing directory shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of big home projects – contractor listing directory. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of big home projects – contractor listing directory, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. big home projects – contractor listing directory, as well as certain other of the names, logos, and materials displayed on big home projects – contractor listing directory, constitute trademarks, trade names, service marks or logos (“Marks”) of big home projects – contractor listing directory or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with big home projects – contractor listing directory or those other entities.

Although big home projects – contractor listing directory does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to big home projects – contractor listing directory an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant big home projects – contractor listing directory all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF big home projects – contractor listing directory AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. big home projects – contractor listing directory AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, big home projects – contractor listing directory DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF big home projects – contractor listing directory AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, big home projects – contractor listing directory DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON big home projects – contractor listing directory OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON big home projects – contractor listing directory OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, big home projects – contractor listing directory DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH big home projects – contractor listing directory OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM big home projects – contractor listing directory, big home projects – contractor listing directory OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL big home projects – contractor listing directory BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF big home projects – contractor listing directory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF big home projects – contractor listing directory OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF big home projects – contractor listing directory OR THE SERVICE, FROM INABILITY TO USE big home projects – contractor listing directory OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF big home projects – contractor listing directory OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH big home projects – contractor listing directory OR THE SERVICE OR ANY LINKS ON big home projects – contractor listing directory OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH big home projects – contractor listing directory OR THE SERVICE OR ANY LINKS ON big home projects – contractor listing directory. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold big home projects – contractor listing directory, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and big home projects – contractor listing directory and governs your use of the Service, superseding any prior agreement between you and big home projects – contractor listing directory. The failure of big home projects – contractor listing directory to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to contact me page.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for big home projects – contractor listing directory to pursue legal action to enforce the TOU, you will be liable to pay big home projects – contractor listing directory the following amounts as liquidated damages, which you accept as reasonable estimates of big home projects – contractor listing directory’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay big home projects – contractor listing directory one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If big home projects – contractor listing directory establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay big home projects – contractor listing directory one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access big home projects – contractor listing directory in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to big home projects – contractor listing directory email addresses or through big home projects – contractor listing directory computer systems, you agree to pay big home projects – contractor listing directory twenty five dollars ($25) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay big home projects – contractor listing directory one hundred dollars ($100) for each item of Content posted. In its sole discretion, big home projects – contractor listing directory may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay big home projects – contractor listing directory one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay big home projects – contractor listing directory an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without big home projects – contractor listing directory’s express written permission, you agree to pay big home projects – contractor listing directory three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, big home projects – contractor listing directory retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to contact page.

22. TERMS OF USE FOR ALL SERVICES

big home projects – contractor listing directory offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of big home projects – contractor listing directory and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. big home projects – contractor listing directory and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:
a) the Programs
b) the Professional
c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.

– In no event will big home projects – contractor listing directory’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

– big home projects – contractor listing directory and its Affiliates do not provide, nor will they provide, any service to or for you, nor is big home projects – contractor listing directory and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

big home projects – contractor listing directory, its Officers, Directors, Members and Employees, as well as big home projects – contractor listing directory Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

– In no event will big home projects – contractor listing directory’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

– big home projects – contractor listing directory and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: contact page

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your big home projects – contractor listing directory account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and big home projects – contractor listing directory. (“big home projects – contractor listing directory”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to big home projects – contractor listing directory the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on big home projects – contractor listing directory and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website big home projects – contractor listing directory at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but big home projects – contractor listing directory retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for big home projects – contractor listing directory to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my big home projects – contractor listing directory account with any updates to the Content necessary to keep such Content accurate and representative of my products. big home projects – contractor listing directory and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Membership: Price as stated on big home projects – contractor listing directory at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

4) Length of Contract: This Agreement is valid up to and until I cancel my account.

5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, big home projects – contractor listing directory may attempt to contact me to determine updated account information. big home projects – contractor listing directory will wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. big home projects – contractor listing directory may terminate this agreement at will. In the event big home projects – contractor listing directory terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

Big Home Projects Terms of Service for Contractors

Big Home Project’s Service Provider’s User Agreement

Last updated on August 5, 2021

Big Home Project’s List, Inc. d/b/a Big Home Projects (“Big Home Projects”) allows consumers of Big Home Projects (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (http://www.BigHomeProjects.com/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Big Home Projects from time to time at Big Home Projects sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Big Home Projects beyond Your use of the Website, as described herein.

In consideration of Big Home Projects granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. BUSINESS CENTER

By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Big Home Projects and such other services that Big Home Projects may offer to Service Providers from time to time (collectively, the “Services”).

2. LIMITED LICENSE

By agreeing to the Terms and Conditions of this Agreement, Big Home Projects grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Big Home Projects members) or Services for any commercial or other purpose, without the express written consent of Big Home Projects.

3. CONSUMER AND SP CONTENT

Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Big Home Projects and the Website is to utilize the Services (as defined below) which are available online at the Website.

Big Home Projects does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Big Home Projects. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Big Home Projects or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.

The Company acknowledges and understands that Big Home Projects simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Big Home Projects does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).

Under no circumstances will Big Home Projects be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.

The Company hereby waives any claims, rights or actions that it may have against Big Home Projects or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Big Home Projects and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.

The Company agrees to indemnify and hold Big Home Projects and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Big Home Projects with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Big Home Projects on its Website or to a third party.

The Company acknowledges and agrees that the Company can neither require Big Home Projects to place the Company on its Website nor remove the Company or any Consumer Content from Big Home Projects. The Company further acknowledges and understands that the Company is not a Consumer of Big Home Projects, cannot refer to itself as a Consumer of Big Home Projects, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.

The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Big Home Projects or reimbursing clients or customers for their Big Home Projects membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Big Home Projects on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that Big Home Projects may immediately remove such Consumer Content without notice or recourse against Big Home Projects.

SP Content shall not contain any unauthorized content which includes but is not limited to:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
Comments that do not address the Consumer Content or comments with no qualitative value as determined by Big Home Projects in its sole discretion;
Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
Language that violates the standards of good taste or the standards of the Website, as determined by Big Home Projects in its sole discretion;
Content determined by Big Home Projects, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

The Company acknowledges and agrees that Big Home Projects in its sole discretion may remove without notice any SP Content or any portion thereof that Big Home Projects believes violates the foregoing.

Big Home Projects may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.

Although Big Home Projects does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Big Home Projects, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Big Home Projects an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Big Home Projects with SP Content, the Company automatically grants Big Home Projects all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Big Home Projects use of SP Content. Big Home Projects is under no obligation to post or use any of SP Content or maintain SP Content. Big Home Projects may remove SP Content at any time in Big Home Projects sole discretion.

It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. Big Home Projects does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.

The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.

The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Big Home Projects, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Big Home Projects. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.

The Company hereby represents and warrants to Big Home Projects that (a) all information provided to Big Home Projects by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Big Home Projects. Big Home Projects is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.

To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.

The Company agrees unless expressly authorized by Big Home Projects not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Big Home Projects, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.

4. PRIVACY

The Company agrees to be bound by Big Home Project’s Privacy Policy, found here.

The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Big Home Projects uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.

The Company acknowledges that Big Home Projects will use the telephone numbers, email addresses and facsimile numbers that are submitted to Big Home Projects in connection with registering with Big Home Projects to contact the Company with information regarding Big Home Projects. Big Home Projects agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Big Home Projects, Company agrees that Big Home Projects may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Big Home Projects may market to me. Company acknowledges that this consent may be removed upon request.

5. INTELLECTUAL PROPERTY

Big Home Projects is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Big Home Projects”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Big Home Projects does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.

6. BREACH OF CONTRACT AND LIQUIDATED DAMAGES

Big Home Projects reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Big Home Project’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.

The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Big Home Projects to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Big Home Projects the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Big Home Project’s damages for the specified breaches of this Agreement:

If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Big Home Projects One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Big Home Projects may (but is not required) issue the Company a warning before assessing damages.

If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Big Home Projects members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.

If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Big Home Projects members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Big Home Projects, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Big Home Projects to the extent such actual damages can be reasonably calculated.

Notwithstanding any other provision of this Agreement, the Company reserves 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.

7. LIMITATIONS OF LIABILITY

THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT Big Home Projects WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Big Home Projects HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY Big Home Projects OR THE FAILURE OF Big Home Projects TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.

TO THE EXTENT Big Home Projects IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, Big Home Project’s LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

8. INDEMNIFICATION

The Company agrees to indemnify and hold Big Home Projects and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Big Home Projects.

9. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Big Home Projects, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Big Home Projects may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Big Home Projects. Big Home Project’s address for such notices is: Big Home Projects, Inc., d/b/a Big Home Projects, use our contact’s page or emails us directly at BigHomeProjects@gmail.com
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Big Home Projects 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 and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Big Home Projects will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (4) below.
Excluded Disputes. You and Big Home Projects agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Big Home Projects 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”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation 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 covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
Severability. You and Big Home Projects agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.

11. LIMITATIONS PERIOD

The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

12. MODIFICATION

Big Home Projects may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Big Home Projects will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.

13. DELAYS

The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Big Home Projects is not responsible for any delays, failures or other damage resulting from such problems.

14. ASSIGNMENT

This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Big Home Project’s rights if Big Home Projects fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Big Home Projects agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Big Home Projects as a result of this Agreement or use of the Services.

15. BINDING EFFECT

The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.

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

16. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.

End Agreement.