Project Satisfaction Pledge

remodelmate Project Satisfaction Pledge

Last updated: April, 12th, 2017

The remodelmate Project Satisfaction Pledge (“Satisfaction Pledge” or “Pledge”) is a part of remodelmate, Inc.’s Terms of Service. (Capitalized terms not defined herein shall have the definitions set forth in remodelmate’s Terms of Service). Nothing in the remodelmate Project Satisfaction Pledge shall be construed to contradict or otherwise invalidate any part of remodelmate’s Terms of Service or Privacy Policy, which remain in full force and effect. 

THE REMODELMATE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS PROJECT SATISFACTION PLEDGE AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE REMODELMATE PLATFORM, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE (INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER), THE PRIVACY POLICY, AND THE TERMS OF THIS PROJECT SATISFACTION PLEDGE (TOGETHER, THE “AGREEMENT”). 

What is the “remodelmate Project Satisfaction Pledge”?

Remodelmate is a technology platform that allows Users to connect with each other so they can book and manage home renovations. Installers determine what categories they are qualified to work on, and scope the Project directly with their Owner. Owners are advised to confirm with their Installer that s/he is qualified to perform the Project prior to the Project taking place. Remodelmate does not oversee, monitor, or direct how an Installer performs a Project, does not monitor Projects or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Remodelmate is not liable for the acts or omissions of Users, nor does remodelmate insure or provide insurance against any losses sustained by Users. That said, remodelmate wants Users to be happy about their experience using the remodelmate Platform, and the Project Satisfaction Pledge is in place to encourage continued use of the remodelmate Platform.

If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this remodelmate Project Satisfaction Pledge), remodelmate may offer the following in its discretion on a case-by-case basis:

  1. Owners up to USD One Million Dollars ($1,000,000) per occurrence for Property Damage arising as a direct result of Negligence of an Installer during performance of a Project through the remodelmate Platform;

  2. Users up to USD Ten Thousand Dollars ($10,000) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Project through the remodelmate Platform;

  3. Owners up to USD Ten Thousand Dollars ($10,000) per occurrence for Theft of a User’s property by an Installer during performance of a Project through the remodelmate Platform.

Terms and Conditions: In order to be eligible for payment under the remodelmate Project Satisfaction Pledge, Users must comply with the following terms and conditions:

  • The Project giving rise to the Claim must not violate remodelmate’s Terms of Service;

  • You must not have violated our Terms of Service;

  • The Project giving rise to the Claim must have been matched through the remodelmate Platform, performed by the hired Installer, and paid for in full via the remodelmate Platform;

  • You must submit a remodelmate Resolutions Request Form within fourteen (14) days of the performance of the Project giving rise to the Claim;

  • Before submitting a remodelmate Resolutions Request Form, you must first make a good faith attempt to resolve the issue directly with the User(s) involved;

  • You must not have submitted a separate Project Satisfaction Pledge Claim within ninety (90) days prior to the occurrence of the Project giving rise to the Claim; and

  • Your remodelmate account is in good standing, with no outstanding or pending balances owed to remodelmate or other Users.

What is excluded from the remodelmate Project Satisfaction Pledge?

The remodelmate Project Satisfaction Pledge does not cover losses or damages to property or bodily injury or loss arising from or in any way related to any of the following (the “Excluded Losses”):

  • Losses arising from the operation of any motor vehicle, bicycle, aircraft or watercraft by a User;

  • Losses arising out of any intellectual property claim;

  • Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;

  • Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;

  • Losses to Ineligible Property;

  • Owner losses arising from the Negligence of an Owner or third party;

  • Installer losses arising from the Negligence of an Installer or third party;

  • Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;

  • Losses arising from items (including but not limited to tools) supplied by the Owner or resulting from Owner’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and an Owner declines to have furniture affixed, or Owner directs Installer to perform the Project in a manner that results in damages);

  • Losses that are a normal part of or natural result of the Project undertaken;

  • Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;

  • Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;

  • Losses beyond the specific damaged area (i.e. if the Project caused a scratch on the floor, the Project Satisfaction Pledge will address repairs to the scratched area only);

  • Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;

  • Displacement costs, including hotel and other accommodations;

  • Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;

  • Losses resulting from cancellation by an Installer, including increased costs associated with re-booking a new Installer or hiring a third party ;

  • Losses resulting from theft without a valid police report;

  • Losses reported more than 14 days after the Project took place; and

  • Losses with insufficient documentation.

Insurance

You understand and agree that the remodelmate Project Satisfaction Pledge is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any remodelmate insurance policy.

Remodelmate has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Project Satisfaction Pledge you agree you will assist and cooperate fully with any actions taken by remodelmate or its agents to subrogate a Claim.

If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Project Satisfaction Pledge. The Project Satisfaction Pledge will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. Remodelmate has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim.

How do I submit a Project Satisfaction Pledge Claim?

To submit a claim, please complete the remodelmate Resolutions Request Form within fourteen (14) days of the performance of the Project giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Project Satisfaction Pledge Claims will be reviewed on a case-by-case basis.

During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow remodelmate or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow remodelmate or its insurers access to inspect anything relating to the Claim (iv) accept repairs by an Installer first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the remodelmate Support or Resolutions Teams; and (vii) accept a replacement item subject to the standard depreciation of that item.

If any part of your Project Satisfaction Pledge Claim is approved, then as a condition to any payment to you under the remodelmate Project Satisfaction Pledge, you will be required to execute and deliver to remodelmate the “remodelmate Resolutions Agreement”, which includes your agreement:

  • to assign to remodelmate or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;

  • to reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;

  • To comply with all deadlines communicated by the remodelmate Support or Resolutions Teams in connection with a Claim;

  • to release and hold harmless remodelmate and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;

  • to treat as confidential the resolution of your Claim and the contents of the remodelmate Resolutions Agreement; and

  • to refund to remodelmate any amounts that remodelmate determines to have been erroneously paid to you with respect to an approved Claim.

Miscellaneous

This remodelmate Project Satisfaction Pledge and the remodelmate Terms of Service and Privacy Policy constitutes the entire agreement between remodelmate and remodelmate Users, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any remodelmate employee, may alter the terms of this Project Satisfaction Pledge. Users may not assign or transfer the terms of the Project Satisfaction Pledge, and no party shall be a third party beneficiary of these terms. The terms of this Project Satisfaction Pledge are not intended to and shall not be construed to give any person or entity other than a User of the remodelmate platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The remodelmate Project Satisfaction Pledge shall be governed by the laws of the State of California without regard to its conflict of law provisions. Remodelmate reserves the right, in its sole and absolute discretion, to eliminate the Project Satisfaction Pledge altogether or change, modify or delete any of the terms of this Project Satisfaction Pledge at any time, effective with or without prior notice and without any liability to remodelmate. Remodelmate will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Project Satisfaction Pledge are unacceptable to you, you must deactivate, and immediately stop using, the remodelmate Platform. Your continued use of the remodelmate Platform following any revision to this Project Satisfaction Pledge constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

"Bodily Injury" means physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.

"Project Satisfaction Pledge Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the remodelmate Resolutions Request Form pursuant to the terms and conditions set forth herein.

“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.

"Losses" means any Property Damage, Bodily Injury or Theft other than Excluded Losses.

“Negligence” means a finding by remodelmate, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Project and (b) was the proximate cause of that User’s actual damages.

"Property Damage" means physical damage to, loss, or destruction of tangible property.

"Theft" means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.

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