Greenerz Terms and Conditions

The following agreement (the “Terms and Conditions”) covers the relationship between BSD Consultation Inc, d/b/a Greenerz, Inc., hereafter referred to as “Greenerz” or “we” and any entity (hereafter referred to as “you” or “your”) that makes use of our website, affiliated websites, or services. By using this website, registering an account with Greenerz, or submitting a service request through our website, you agree, without modification, to all the following terms, conditions, and notices contained in these Terms and Conditions.

These Terms and Conditions apply to any Greenerz website or services, including but not limited to the Greenerz main site and the Greenerz blog. A link to these Terms & Conditions can be found on GreenerzRemodeling.com. We may amend these Terms and Conditions at any time by posting a revised version of the Terms and Conditions, which were last updated on May 20, 2016.

Section 1: Greenerz Services

Greenerz provides home improvement services to customers by delivering an estimate once the user has submitted a project request via the GreenerzRemodeling.com website. If the estimate is favorable to the user, a Greenerz representative will contract with the user to perform the desired service. Greenerz is committed to providing environmentally friendly construction services. However, Greenerz does not represent or warrant that we will always use the most environmentally approved option in all cases. If cost, time, or availability requires it, Greenerz may use alternative construction options, including products with VOCs, non-recyclable materials, or non-renewable energy sources. Use of our website or our services acknowledges your understanding of this.

Section 2: Information You Provide Us And TCPA Consent

To engage Greenerz services, you will be required to provide certain information about yourself and your service needs. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Greenerz to call confirming your service request, along with calls from our service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Greenerz or the service professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with Greenerz and its partners and thus agree to be contacted by Greenerz and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Greenerz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Greenerz has the right to refuse any current or future use of the Greenerz services (or any portion thereof) by you. You are responsible for any use of the Greenerz services by persons to whom you intentionally or negligently allow access to your information. Knowingly providing false information including but not limited to name, phone number, address or email address is a serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights of Greenerz, its service providers, and/or its consumers. This may result in regulatory fines and penalties. if you knowingly input false information in a service request, including but not limited to someone else's name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to Greenerz and each Greenerz service provider who accepts such service requests, for the greater of: (1) a minimum amount of $10,000 to Greenerz and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e- mail address or phone number, etc.), per improper submission, plus any attorney’s fees costs and expense relating thereto, if applicable, or (2) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.

Section 3: Prohibited Uses

You acknowledge and agree to use Greenerz for your personal use, not for advertising purposes. You may not use Greenerz to create a competing site with Greenerz. You will not misrepresent your or your website’s relationship to Greenerz to promote your own business or for any other reason. You will not use our logo or any of our site’s content without Greenerz’ express written permission. You acknowledge that violating these terms could result in significant damages, that you are liable to Greenerz for any such damages, and that you indemnify Greenerz in the event of any third party claims against Greenerz based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Greenerz sites or services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Greenerz in its sole discretion that you are misusing or attempting to misuse or circumvent the Greenerz services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, we may immediately terminate your access without notice and may initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

Section 4: Texts and Phone Calls Greenerz may send you text messages or phone calls in order to help comply with your service request, not for marketing purposes. You agree that Greenerz may monitor any phone calls between Greenerz and you, and that if you opt out of SMS text messages, your service may be affected.

Section 5. Content Generated by Users

You agree that any ratings or reviews you provide to Greenerz (“Content”) are our intellectual property to use as we see fit, and we are free to reproduce it in whole or in part on our website or other marketing materials. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

a. Grant of License. You hereby grant Greenerz and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Greenerz and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.

b. Representation of Ownership and Right to Use Content. By posting or providing any Content to Greenerz, you represent and warrant to Greenerz that you own or have all necessary rights to use the Content, and grant to Greenerz the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

c. Content Guidelines. Greenerz reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Greenerz owned or operated websites or apps if Greenerz determines (in its sole discretion) that such content contains or features any of the following:

1. 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.)

2. Comments that disparage Greenerz.

3. Language that violates the standards of good taste or the standards of this Site.

4. References to illegal activity.

5. Statements that are or appear to be false.

6. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "I have never used Greenerz").

7. Comments concerning a different company.

8. Information not related to work requested in the service request.

9. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any review provided by you is accurate and truthful, and that your will only provide a review for services Greenerz has performed for you pursuant to your applicable service request.

Section 6. Regarding Information Found on the Greenerz Website

Documents and other information found on the Greenerz website and its related sites can be reproduced only with express consent from Greenerz, provided that the Greenerz copyright notice appears in all copies along with a permission notice. These documents and other information may be used for informational or non-commercial or personal use only and will not be posted on a network computer or broadcast in media of any kind. No modifications of documents may be made by you.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Greenerz site or any other Greenerz owned, operated, licensed or controlled site. Elements of Greenerz are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Greenerz website may be copied or retransmitted unless expressly permitted by Greenerz. Greenerz and/or its respective suppliers make no representations or warranties about the suitability of the information contained in the documents and related graphics published on this server for any purpose. all such documents and related graphics are provided "as is" without warranty of any kind. Greenerz and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. the documents and related graphics published on the Greenerz web site could include technical inaccuracies or typographical errors. changes are periodically added to the information herein. Greenerz and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Section 7. Non-Endorsement by Greenerz of Ratings and Reviews

Ratings and reviews you may find on the Greenerz site reflect the opinions of other users and do not reflect or represent the opinions or representations of Greenerz. We disclaim any and all representations or warranties with respect to ratings or reviews. Greenerz does not assume any responsibility or liability for any review or any claims, losses, or damages resulting from any use of the Greenerz site or the materials therein.

Section 8. Article Content

Certain content related to home improvement, repair, maintenance or related topics (“Articles:”) may appear on the Greenerz site. These articles are offered without any warranties or representations as to their value, and you assume all liability and responsibility for your use of such articles. You agree and understand that these articles do not constitute professional advice.

Section 9. Third Party Links

Links to third party sites from the Greenerz website are not under the control of Greenerz and Greenerz takes no responsibility for the content or functionality of any linked site, any links within a linked site, or any changes or updates to those sites. Greenerz provides these links as a courtesy, and not as an endorsement of linked sites. Your use of those sites are governed by the terms and conditions of those sites.

Section 10. Indemnification

You agree to indemnify Greenerz, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Greenerz services, in connection with the Greenerz web site, with regard to any dispute between you and a service professional, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party.

Section 11. Arbitration

You agree that the exclusive remedy for resolving disputes with Greenerz or resolving any claim made by you arising from or relating to your use of the Greenerz website or services, including an alleged breach of these Terms and Conditions, will be Binding Arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against Greenerz any class action, class arbitration, or other representative action or proceeding. By using the Greenerz website or services in any manner, you agree to the above arbitration agreement and give up your right to go to court to assert or defend any claims between you and Greenerz. You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. Any proceeding to enforce the arbitration provision, including proceedings to confirm, vacate, or modify an arbitration award, may be held in any court of competent jurisdiction. If the arbitration is for any reason held to be unenforceable, any litigation against Greenerz may be commenced only in Federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and Greenerz, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Section 12. General Provisions

You acknowledge and agree that the Greenerz services are provided to you “as is” without any warranty whatsoever, and your sole and exclusive remedy, and Greenerz' sole obligation to you or any third party for any claim arising out of your use of the Greenerz services, is that you are free to discontinue your use of the Greenerz services or the Greenerz site at any time. Except as expressly set forth herein, Greenerz expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that Greenerz shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Greenerz has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you. The Terms and Conditions will inure to the benefit of Greenerz' successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Greenerz to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. 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 Greenerz services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in California. These Terms and Conditions constitute the entire agreement between you and Greenerz and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

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