Top Home Builders
Terms of Service
Welcome to Top Home Builders. Thank you for your interest in www.tophomebuilders.com (the “Website”, “Site” or “platform”), owned and operated by Easy Design Solutions LLC, organized under the laws of the State of Maryland, hereafter referred to as “Top Home Builders”, “company”, “us”, “our” or “we”. Top Home Builders provides this marketplace/directory Website to individuals seeking the services of custom home builders and construction companies (“Clients”), and to those individuals and businesses seeking to provide custom home building and construction services (“Home Builders”). Any party, including Clients, Home Builders and visitors to this Website may be referred to hereafter as the “user” or “you” throughout the Terms of Service. The Website constitutes our marketplace/directory service (the “Service” or “Services”). Unless otherwise specified, all references to the Services include the marketplace services available through the Top Home Builders Website, as well as any software that Top Home Builders provides to you that allows you to access the Services.
The following Terms of Service (“Terms” or “Agreement”) are a legally binding contract between you and Top Home Builders regarding your use of the Service. Please read the following Terms carefully before accessing or using any of the Services. Each time you access or use the Service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register for an account with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
You acknowledge that Home Builders appearing on our Platform are independent contractors and that Top Home Builders is not a party to any employment, assignment, engagement, agreement, arrangement, job, service or transaction between users of our platform, including without limitation Clients for the hiring or performance of the Home Builder’s service. No agency, partnership, joint venture, or employment relationship between Top Home Builders and any user of our Services is created as a result of these Terms of Service or any user’s access to, or use of, any part of the platform.
Top Home Builders does not endorse any users of our Services and has no control of the services, job or work to be performed by Home Builders; or the payment for the same by the Client. It is within the sole and absolute discretion of the users of our Services to engage one another through our Services. You should always exercise responsibility, due diligence and care when deciding whether to engage, hire or have any interaction with any other user as a Client or as a Home Builder.
You agree that the use of our Services is at your sole risk and by using the platform, you understand and agree that any legal remedy or recovery that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties and not Top Home Builders. You agree not to attempt to impose liability on, or seek any legal remedy from Top Home Builders with respect to such actions or omissions.
Furthermore, you hereby agree that Top Home Builders shall have no liability for any damages or injuries to you resulting from your use of our platform or any engagement and interaction with another user by reason of your access to, and use of, our platform or Services.
Certain areas of our Service may be subject to additional Terms of Service that we make available for
your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
Top Home Builders may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be constructively deemed to have accepted the changes.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Description of Service
a. Top Home Builders is an online marketplace venue that connects Clients with Home Builders. Home Builders can create a profile describing their available services, accomplishments and actual homes that they have built, and that are available for sale. To participate in our marketplace a Home Builder must register, create an account and enroll in a paid subscription for our Services. We may also select builders based upon nominations by third parties and other users and then create a default profile with public information about the builder. The builder can claim the profile by filling out a form on our platform. Clients can register with Top Home Builders for free. Once registered with us, Clients can search our Website for a Home Builder using the Home Builder’s profile and any reviews left by other Clients, then select one or more to contact. Home Builders set their own fees as well as their service terms & conditions.
b. Our Service includes Top Home Builders content, systems, procedures, processes and technologies, and; any hardware, software, applications, data, reports, and other content made available by or on behalf of Top Home Builders.
c. Our Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
d. Any modifications and new features added to the Service are also subject to this Agreement.
e. Top Home Builders reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, Top Home Builders.
2. Eligibility for Our Service
a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.
b. If you are a Home Builder, you further represent and warrant that you have attained the above required age of majority where you provide your services, and have received any
required legal authorization, certification or licensure, permitting you to provide your services in the jurisdiction or territory in which you will perform any services. c. As a user of our Services you represent and warrant that you have not been, and currently are not, the subject of any criminal complaint, action or restraining order for any offence involving violence, fraud, larceny, theft, abuse, neglect or any offense that involves endangering the safety of others, including without limitation any sexual or child abuse offenses.
d. Top Home Builders does not currently conduct criminal background screenings on its users, but reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with these and any other terms of this agreement.
3. Accounts and Registration
a. To access some features of the Service you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Home Builders on our Website may also be required to provide, without limitation, your business entity information, a driver license, picture ID, and information regarding any credentials, licenses or registration. Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
4. Account Management
a. Keep Your Password Secure. If you have been issued an account by Top Home Builders in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Top Home Builders, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Top Home Builders immediately.
b. Keep Your Details Accurate. Top Home Builders may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. If you have been refused an account, or your account has been terminated, you will not be permitted to register again.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
5. Client Account
Clients may create a free Top Home Builders account. However, if you do engage the services of one, or more, of the Home Builders on our Service, you agree that Top Home Builders is not a party to that transaction and you will be responsible for, and pay the fees charged by the Home Builder according to the terms you have agreed upon with the Home Builder.
6. Home Builder Account; Subscription Plans and Terms
Top Home Builders offers several automatically renewable and payable Subscription Plans for our users. The features, subscriber rights, terms and prices of these Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plans pricing page.
a. By completing your registration for a Subscription Plan, you authorize Top Home Builders or its third party payment processor to charge your payment method on a recurring basis (e.g. monthly, quarterly or annually) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with customer’s use of the Top Home Builders services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan.
b. By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and Top Home Builders (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.
c. You may cancel your Subscription Plan at any time, by logging into your account or emailing us at email@example.com and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you may use your Subscription Plan until the end of your then-current paid-up subscription term.
d. Top Home Builders may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Top Home Builders reasonably could act.
e. In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about Top Home Builders, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. f. Subscription Plans are non-refundable.
Your subscription order constitutes an offer to purchase a Subscription Plan and Services available on our platform. We reserve the right at any time to accept or decline any Subscription Plan order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Services is no longer available.
a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
b. All applicable taxes and other charges are additional and your responsibility. c. We reserve the right in our sole discretion to change prices at any time and without notice.
a. By providing Top Home Builders or our third party payment processor with your method of payment information, you authorize us to charge you for subscription purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
b. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.
c. You agree that we may charge you, and you will pay to Top Home Builders, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
10. Home Builder Property Listings
Home Builders will have the ability to list completed homes for sale (“Home Listing”) within their profile. All home listings are subject to advertising fees that are independent and separate from your Subscription Fees. Please contact us at firstname.lastname@example.org for the most current advertising fee schedule. Home Listings may only be advertised by (a) the owner of such new construction homes, or (b) the real estate Agent (the “Agent”) who is the contracted, exclusive listing Agent for such listing.
11.Independent Contractors; No Guarantees, Warrantees or Endorsements The Home Builder users of our Services are independent contractors and Top Home Builders is not a party to any relationship, dealings or contract between users, including proposals, selection, contracting, and performance of Home Builder’s services. Top Home Builders is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. Top Home Builders does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Home Builders, nor of the integrity, responsibility or any of the actions or omissions of any Home Builder or Client. Top Home Builders makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Home Builders through the use of the Services, whether in public, private, in online or offline interactions; or about the accreditation, registration or licensing of any Home Builder.
In furtherance of the above:
a. Top Home Builders is not a party to any agreement for Home Builder services and does not itself offer to perform any services or work.
b. The users of our Services are not employees or agents of Top Home Builders. c. Top Home Builders is not an agent or representative of the user.
d. Top Home Builders does not, in any way, supervise, direct, or control the Home Builder or the Home Builder’s work.
e. Top Home Builders makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Home Builder services, including, without limitation, all warranties, express or implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
f. Top Home Builders does not set Home Builder’s work hours, work schedules or location of work.
g. Top Home Builders does not intervene in any transaction between the users. If you have any issues with a Client or Home Builder respectively, you must resolve it between yourselves.
h. Top Home Builders Services may identify a user with a title, nevertheless, Top Home Builders does not endorse or recommend the services of any particular user and we do not independently verify their representations about their services, their qualifications, their background, their identities, the ability of Home Builders to deliver their services, nor do we validate any reviews. It is the sole responsibility of each Client to evaluate the Home Builder and their qualifications to perform the work or service.
i. Top Home Builders does not deduct any amount for withholding, unemployment, Social Security, or other taxes for the Home Builder.
j. Home Builders are solely responsible for any taxes they are required to collect and remit to a tax collection authority.
12. licenses, Permits and Home Builder Qualifications
Top Home Builders does not request or verify any Home Builder’s professional credentials, license, permit or qualifications. Users must determine for themselves whether a Home Builder is licensed and qualified to perform the services requested.
13. Your Access and Use of our Services
b. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
c. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our
Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
d. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services. e. Our Services may have “publicly accessible areas” that allow users to post User Content (defined hereafter) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Top Home Builders shall not, under any circumstances, be liable in any way for any User Content.
f. You shall not use any communication systems provided on our Services including, without limitation email and chat services for any commercial or solicitation purposes or to circumvent our Services.
g. You shall not solicit for commercial purposes any users of our Services, that is not intended by the purpose of our Services, without our prior written permission. h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services.
14.Privacy and Your Personal Information
15. Information Accuracy
a. We make no representation as to the completeness, accuracy, or currency of any information appearing on our Service or other content available on this Site including, without limitation, information posted or uploaded by any Home Builder. For the avoidance of any doubt, this also includes, without limitation, home price, square footage, elevation, floor plan images, room measurements, furnishings, systems, lot size and appliances. You are solely responsible for independently verifying all information delivered through the services before relying on that information in any manner
b. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and Top Home Builders disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
As between Top Home Builders and you, Top Home Builders or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Top Home Builders.
17. Intellectual Property Rights
a. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), are owned by Top Home Builders. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
c. The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
e. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
18. Use of Our Content; License
a. We grant you a limited, nonexclusive, non-transferable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental. You may not decompile, reverse engineer, or disassemble Our Content, and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
19. User Content Rights and Related Responsibilities; License a. “User Content” means, without limitation, any personal profile (including your photo) that you create, text, images, photos, digital files, artwork, videos, audio, messages, text communication, reviews, comments, feedback, suggestions, documents, or any other content you upload, transmit or otherwise make available to Top Home Builders and its
users, including Clients, via our Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Top Home Builders and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
b. By submitting User Content on or through the Service, you grant Top Home Builders a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general. e. Top Home Builders expressly disclaims any liability for the loss or damage to any User
Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss. f. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Top Home Builders resulting there from.
g. Top Home Builders may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
i. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
j. Top Home Builders has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
k. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
i. Impersonate any person or entity.
ii. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
iii. Advocate for or harass or intimidate another person.
iv. Promote information that is false or misleading.
v. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
vi. Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
vii. Transmit anything that exploits children or minors or that depicts cruelty to animals.
viii. Solicit personal information from anyone under the age of 18.
ix. Use the service in an illegal manner or to commit an illegal act.
x. Transmit any material 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.
xi. Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
xii. Promote material that exploits people in a sexual, pornographic or violent manner.
xiii. Provide instructional information about illegal activities.
xiv. Infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
xv. Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers, which are not in accord with the purpose for which this platform was designed.
20. User Comments
Top Home Builders does not investigate any posted user reviews, comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that Top Home Builders is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Top Home Builders reserves the right to remove user comments or information that, in our sole judgment, violates this Agreement or negatively affects our Services.
21. Interruption of Service
a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
22. Suspension and Termination of Services
a. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
b. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
c. We reserve the right to refuse access to the Service to anyone for any reason at any time.
23.Third Party Links, Services and Content
24. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
c. Top Home Builders Services may now or in the future provide users the ability to participate in private chat communication activities (“Messages”). Top Home Builders does not monitor or moderate these Messages. All users agree that Top Home Builders shall not be responsible or liable for any content exchanged in any Messages between users. Furthermore, although we are not obligated to do so, we reserve the right at all times, without liability to us, to i) remove or refuse to distribute any Messages on the Service; ii) to suspend or terminate users; and iii) block participants from using Top Home Builders Services. Users may report any content or actions of users that violate any of the terms of this Agreement by contacting us at email@example.com.
25. Electronic Transactions
a. Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions, payments and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions, payments and purchases.
b. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, cancellation notices, policies, contracts, and applications.
c. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
26. Third Party Social Networking
Violating the security of our Website and Services is prohibited and may result in criminal and civil liability. Top Home Builders may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including
any attempt to probe, scan, or test the vulnerability of the Service, or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host or network.
28. Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing: a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed. c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: firstname.lastname@example.org
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: email@example.com with the following information:
a. Your physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of Maryland, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action
29. Top Home Builders Verification Disclaimer; Release
a. It is the user’s sole responsibility to perform or obtain any and all background and reference checks regarding other users, including, without limitation a criminal background check.
b. Top Home Builders may, at our sole and exclusive discretion, perform a basic background screening on any user by utilizing third party services as appropriate. Although Top Home Builders may require background screening of users, we are not required or obligated to do so and cannot confirm that each user is who they claim to be and therefore, Top Home Builders cannot and does not assume any responsibility for the accuracy, completeness, timeliness or reliability of identity or background screening information or any information provided through the Top Home Builders services by the user.
c. Furthermore, Top Home Builders makes no representations, guarantees or warranty that any Home Builder’s representations about their services, their qualifications, their licenses, their credentials, their background, their identities or the ability of Home Builder to deliver their services. It is the sole responsibility of each Client to evaluate the Home Builder and their qualifications to perform their service.
d. You agree to release Top Home Builders, our agents and employees from all claims, demands and damages, actual and consequential and direct and indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Top Home Builders services to the fullest extent permitted by law.
30. Disclaimers; No Warranties
a. ALL SERVICES AND PRODUCTS AVAILABLE FROM TOP HOME BUILDERS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOP HOME BUILDERS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “TOP HOME BUILDERS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF THE HOME BUILDERS WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE TOP HOME BUILDERS PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 31. LIMITATION OF LIABILITY
a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL, IN THE AGGREGATE, BE LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO TOP HOME BUILDER FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
a. You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless Top Home Builders and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any
applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) serious physical or emotional harm, including death, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
33. General Release
a. By using the Services, you release, to the maximum extent allowed by law, Top Home Builders, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any serious physical or emotional harm, including death, to you or any third party.
b. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
34. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and Top Home Builders agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Top Home Builders (including any claim or dispute between you and a third-party agent of Top Home Builders) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Top Home Builders or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Maryland, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Top Home Builders, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Top Home Builders, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree
that, by entering into these Terms, you and Top Home Builders are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TOP HOME BUILDERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TOP HOME BUILDERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at Top Home Builders believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Top Home Builders should be sent to the address provided in the Contact Us section at the end of these Terms of Service (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Top Home Builders and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Top Home Builders may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Top Home Builders or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Top Home Builders and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Top Home Builders agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the
AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
a. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Maryland. You and we agree to submit to the personal jurisdiction of the courts located within the State of Maryland for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Maryland; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Maryland.
35. Governing Law
This Agreement shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the State of Maryland, regardless of the effect of choice of law principles of such laws. The Parties hereto consent to personal jurisdiction and venue for the courts of the State of Maryland.
36. Disputes Between Users
The Top Home Builders platform is a venue for connecting users of our Service and we are not a party to any contract or agreement between users. In the event that you have a dispute with another user, you release Top Home Builders and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
37. Law Enforcement
Top Home Builders is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Top Home Builders receives a request for user account information from a government agency investigating criminal activity, we will review the request to be
certain that it satisfies all legal requirements before releasing information to the requesting agency.
38.Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
39.Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
41. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at email@example.com.
9841 Washingtonian Blvd, Suite 200
Gaithersburg MD 20878
Last updated: May 9, 2022
Terms of Service
Top Home Builders