Buildwish.com Terms and Conditions

The following Terms and Conditions should be read carefully and in its entirety.  This document outlines the Terms and Conditions under which Buildwish.com Inc. is offering their services that are provided through our website.

By accepting the Terms and Conditions here within, you are confirming that you are 18 years of age or older, you care capable of entering into a binding agreement, and that you have accurately entered your subscriber information that you have submitted to Buildwish.com Inc.

1. General Disclaimer

You acknowledge that Buildwish.com is not acting as your general contractor, agent, or advisor by using Buildwish.com’s service.  It becomes your sole responsibility to select a qualified contractor in which you negotiate your terms for the work they perform.  It is advisable to consult with an expert advisor to assist you with the home improvements you are planning, including legal counsel to review contracts, permits, and other necessary job documentation.  You should also use an insurance professional regarding the insurance requirements needed for proper coverage for both you and your contractor.  Buildwish.com does not recommend or endorse any specific contractor or other service provider, provide advice on which service provider to select, or offer screening services for any individual service provider’s personal credit or legal standing.

 

Buildwish.com does not guarantee to match your particular service needs with other service professionals or that there are service professionals in your immediate area that able or willing to complete any or all of your service needs.  We will take certain steps to examine the credentials of our chosen service professionals, but we make no guarantees or representations regarding the application or installation skills of said professionals.  We also do not guarantee or make representation regarding the quality of the work said service professionals perform for you if you chose to retain their services.  It is your responsibility to enter into a direct contract or reach an agreement with a service professional or your choosing.  We do not warrant or guarantee their performance on the job or the outcome or quality of the services said professionals perform.  You are governed by your local laws regarding your individual rights regarding contacts you make with your chosen service professionals and if you should have cause to raise a dispute with said professionals, you must address the dispute with the service professionals directly and you hereby agree to release Buildwish.com (including their employees and agents) and any other person, firm, or entity (including Buildwish.com partners such as but not limited to product manufacturer or supplier who may employ our matching utility) from any damages – consequential and incidental – of every kind or nature, whether they be suspected, unsuspected, known, unknown, disclosed, undisclosed or arising out of or in any way connected with such disputes and your dealings with the service professionals you have contracted.

 

Buildwish.com utilizes electronic data that is provided to us by third parties and on statements that have been made by service providers, including their references, to determine which service providers and professionals to include in our database.  Because of the inherent time delay caused by gathering data, pending actions, or other issues affecting a service provider’s record that may have occurred that have not been captured by the Third Party data sources we use, we do not guarantee that the service providers listed are licensed or have insurance coverage when you enter into an agreement with them.  We make no representation as to the adequacy of any licensing or insurance coverage – amount, breadth, or type – that these service providers may carry.  The existence of an insurance or licensing certificate also does not ensure or guarantee that the insurance is in effect or up to date as the service provider may cancel their insurance without our express knowledge.  Unless it is otherwise specifically stated in our contract with you, Buildwish.com does not endorse any product or service described in, offered on, or linked to our websites.

2. Links to Third Party Sites

Buildwish.com uses Third Party website links that will allow you to leave our website.  These linked websites are not under Buildwish.com’s control and we will not be held responsible for the contents of the linked sites or any link contained within the linked sites.  We are also not responsible for any changes or updates to such sites.  Buildwish.com will not be held responsible for any form of transmission that you may receive from linked sites, including web casting and we are providing these links to you as a convenience.  Inclusion of any link does not imply endorsement by Buildwish.com of the linked website.

3. Use of Account

You and any other users of your account must comply with all applicable laws and regulations when using Buildwish.com’s services in order to be protected under the law.  You are prohibited from using our service to impersonate or harass any other person.
The information provided on our website is may be copied for your personal use only.  All copyright notices and other proprietary information on copied information from Buildwish.com’s website must be retained.  You are prohibited from reproducing, distributing, transmitting, publishing, or commercially exploiting any of the information provided to you by Buildwish.com without obtaining the appropriate permission of the copyright owner.  This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons not yourself, or otherwise making the information available in any form, including electronic, whatsoever

4. Changes to the Service or Terms

Buildwish.com reserves the right to change, add, or remove certain features of our service or change the terms of this agreement at any time without providing prior notification.

5. Disclaimer of All Warranties

By using Buildwish.com’s services you understand that we have no control over any Third Party services.  Buildwish.com and its suppliers make no warranty that any service or that of a Third Party will meet your individual requirements or that the use of the service or Third Party services will be uninterrupted, timely, secure, or error free.  Buildwish.com or its suppliers also make no warranties as to the results that you may receive from the use of our service or any Third Party service provider or that any defects in the service or Third Party services will be corrected. 

Buildwish.com and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding our or any Third Party services.  Any information, material, or data obtained through the use of our or Third Party services are used at your own risk and discretion.  Some areas do not allow exclusion of certain warranties therefore you acknowledge that nothing in this section of Buildwish.com’s Terms and Conditions should be construed as excluding or limiting any warranty beyond that which is permissible under applicable law.  We also do not guarantee the quality or fitness of any work that is performed by any service providers.

6. Limitations of Buildwish.com's Liability Release

Buildwish.com and its suppliers will not be held liable for any damages of any form that arise from or relate to your use of our service or that of a Third Party or use thereof by anyone else through your account.  Buildwish.com’s total cumulative liability to you and anyone who uses our service or that of a Third Party through your personal account, for any and all claims under any law including negligence will not exceed $100 or the aggregate amount you have paid to Buildwish.com in the preceding 12 months, whichever amount is greater.  Because some areas do not allow for exclusion or limitation of certain types of liability, the above limitations of liability may not apply to you to that extent.  Nothing in this section of the Terms and Conditions should be construed as excluding or limiting our liability beyond what is permissible under applicable law. 

You agree not to hold Buildwish.com responsible for any damages or any other liabilities that arise from the work performed by any contractor.  You agree to release Buildwish.com, our agents, and our employees from any and all claims, demand, damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, from any dispute that arises between you and any service provider.  We cannot be involved with your individual dealings with said service providers or control whether or not they will complete the work that is contracted as agreed.

7. Disputes

You agree that all disputes, claims, or causes or action, in law or equity that arise from or relate to this Terms and Conditions or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in your designated area unless otherwise prohibited by law.  All controversy’s will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.  Judgment of arbitration awards may be entered into any court that has jurisdiction where the work or controversy has taken place.  You also agree that any claim or cause of action that arises of or is related to your use of Buildwish.com’s 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.

8. Miscellaneous

You agree that Buildwish.com, its member contractors, and affiliated partners can use your contact information, including your email address to contact you regarding the project you hire us to do, and to provide you with related content including but not limited to the release of our monthly newsletter. If you have previously opted out of our email list, submitting this form will opt you in. If at any time you wish to be removed from our follow up or newsletter lists, you may contact us at customercare@buildwish.com and request to opt-out of future communications.


Buildwish.com, the service providers, and any Buildwish.com Partners will be considered separate entities.  We do not share agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of your area in the same manner and to the same extent that such laws apply to agreements between other residents performed entirely within the area in which you live. If any provision of this Agreement is invalid or unenforceable under applicable law, it should be deemed modified to the extent necessary to render such provision valid and enforceable.  All other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by Buildwish.com or its representatives or resellers.