Thank you for visiting the MKTRemodel Inc. dba, Pro Remodel's website located at mktremodel.com (the "Site"). The Site is an Internet property of MKTRemodel Inc. dba, Pro Remodel Corporation("MKTRemodel Inc. dba, Pro Remodel™", "we," “our” or "us"). The following MKTRemodel Inc. dba, Pro Remodel™ Website Terms and Conditions shall incorporate and govern the MKTRemodel Inc. dba, Pro Remodel™ Website Privacy Policy, the MKTRemodel Inc. dba, Pro Remodel Advertiser Terms and all other applicable MKTRemodel Inc. dba, Pro Remodel™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the "Agreement").
You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you:
(a) access the Site;
(b) utilize the MKTRemodel Inc. dba, Pro Remodel™ search directory ("Directory Service") in order to obtain search listings and related
information (collectively, "Listings") regarding a variety of businesses, professionals, venues, products and/or services
(collectively, "Third Party Offerings") as offered and provided by the third party business entities and professionals
featured on the Site (collectively, "Third Party Service Providers");
(c) access articles, discussions and feedback on the MKTRemodel Inc. dba, Pro Remodel™ Home Expert Network and/or MKTRemodel Inc. dba, Pro Remodel™ Legal Resource Network
(collectively, "Resource Network") and/or access other content on the Site (collectively, "Content");
(d) utilize the Site’s many interactive features designed to facilitate interaction between you, MKTRemodel Inc. dba, Pro Remodel™, the "Contributors,"
"Expert Panelists," "Members" and "Ongoing Contributors" (collectively, "Network Participants") participating in the Resource Network
and other Site users including, but not limited to, blogs, comment sections, reviews and question and answer options located in
designated areas of the Site ("Interactive Services");
(e) register to submit a free Listing of your Third Party Offerings;
(f) register for enhanced services ("Paid Advertiser Services") in connection with promoting your Third Party Offerings as an "Advertiser";
(g) participate in the MKTRemodel Inc. dba, Pro Remodel™ Rewards Program ("Rewards Program"); and/or
(h) access links to our social media pages on third party social media websites, such as Facebook®, Instagram®, LinkedIn® and X®
("Social Media Pages," and together with the Site, Directory Services, Listings, Resource Network, Content, Interactive Services,
Paid Advertiser Services, Rewards Program and Social Media Pages, the "MKTRemodel Inc. dba, Pro Remodel™ Offerings").
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED
TO USE THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS IN ANY MANNER OR FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO
ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST MKTRemodel Inc. dba, Pro Remodel™, AS WELL AS ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES,
RELATED PARTIES, NETWORK PARTICIPANTS AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS
THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION CONTAINED HEREIN. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF
THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER
CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
You understand and agree that MKTRemodel Inc. dba, Pro Remodel™ shall not be liable to you, any other Site User (as defined below) or any third party for any claim in connection with your use of, or inability to use, the MKTRemodel Inc. dba, Pro Remodel™ Offerings. MKTRemodel Inc. dba, Pro Remodel™ disclaims any and all liability for any loss, damage, or injury based on Site Content, Third Party Offerings or other products, services and information directly or indirectly obtained through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. You understand and agree that MKTRemodel Inc. dba, Pro Remodel™ is not responsible or liable in any manner whatsoever for any dispute between you and any Site User.
Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. ("Facebook"). LinkedIn® is a registered trademark of Microsoft Corporation (“LinkedIn”). X® is a registered trademark of X Corp. ("X"). Please be advised that MKTRemodel Inc. dba, Pro Remodel™ is not in any way affiliated with Facebook, LinkedIn or X, and the MKTRemodel Inc. dba, Pro Remodel™ Offerings are not endorsed, administered or sponsored by any of the aforementioned entities.
- Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and MKTRemodel Inc. dba, Pro Remodel™ with respect to your use of the MKTRemodel Inc. dba, Pro Remodel™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the MKTRemodel Inc. dba, Pro Remodel™ Offerings. By your continued use of the MKTRemodel Inc. dba, Pro Remodel™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the MKTRemodel Inc. dba, Pro Remodel™ Offerings shall be subject to the Agreement. If MKTRemodel Inc. dba, Pro Remodel™ terminates the Agreement for any reason, MKTRemodel Inc. dba, Pro Remodel™ shall have no liability or responsibility to you. You understand and agree that refusal to use the MKTRemodel Inc. dba, Pro Remodel™ Offerings is your sole right and remedy with respect to any dispute with MKTRemodel Inc. dba, Pro Remodel™. The Agreement only governs your use of the MKTRemodel Inc. dba, Pro Remodel™ Offerings.
-
Non-Endorsement: Site Content and Site Users.
- MKTRemodel Inc. dba, Pro Remodel™ does not sponsor, recommend or endorse: (i) any Third Party Service Providers (including Advertisers) that are accessible by and through the Directory Service and/or Interactive Services; and/or (ii) any Network Participants that are accessible by and through the Resource Network and/or Interactive Services; and/or (iii) any Site visitors ("Visitors") that are accessible by and through the Resource Network and/or Interactive Services. The Site facilitates communication between Third Party Service Providers, Network Participants, Visitors and potential users of associated Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service.
- The MKTRemodel Inc. dba, Pro Remodel™ Offerings contain comments, opinions, statements, feedback and other content (collectively, "Feedback"), Listings, Content, Network Articles (as defined below), advertisements, responses, statements, promises and other information (collectively, "Site Content") that is provided directly by Third Party Service Providers, Network Participants, Visitors and any other parties that use the Site (collectively, "Site Users"). You agree that MKTRemodel Inc. dba, Pro Remodel™ shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. MKTRemodel Inc. dba, Pro Remodel™ does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Please use caution and common sense when using the Site and Directory Service. MKTRemodel Inc. dba, Pro Remodel™ in no way endorses the Site Content made available by Site Users through the Interactive Services, Directory Service, Resource Network and/or any other MKTRemodel Inc. dba, Pro Remodel™ Offerings. The Site Content and other information submitted or made available by Site Users is not verified or reviewed in any way before it appears on the Site or otherwise through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. MKTRemodel Inc. dba, Pro Remodel™ does not warrant the validity or accuracy of any such Site Content. Each Site User shall be solely responsible for the Site Content posted by and through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. MKTRemodel Inc. dba, Pro Remodel™ reserves the right to prohibit any conduct by Site Users or remove any Site Content from the MKTRemodel Inc. dba, Pro Remodel™ Offerings at any time and for any reason, in MKTRemodel Inc. dba, Pro Remodel’s™ sole discretion. The reasons for removal may include where MKTRemodel Inc. dba, Pro Remodel™ believes that the Site Content posted by a Site User is unsuitable for the MKTRemodel Inc. dba, Pro Remodel™ Offerings for any reason including, without limitation, where: (i) the Site Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) MKTRemodel Inc. dba, Pro Remodel™ believes that a Site User is, at any time, conducting any commercial activity by and through the Site; and/or (iv) MKTRemodel Inc. dba, Pro Remodel™ believes that a Site User is in violation of the Agreement including, without limitation, Section 12 below.
- MKTRemodel Inc. dba, Pro Remodel™ does not involve itself in the agreements arrived at by and between Visitors and Third Party Service Providers, or in the actual provision of Third Party Offerings in connection with the relationships created thereby. Therefore, MKTRemodel Inc. dba, Pro Remodel™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Third Party Service Providers. Visitors, and not MKTRemodel Inc. dba, Pro Remodel™, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that such Visitors contact via the Directory Service.
- Requirements. The MKTRemodel Inc. dba, Pro Remodel™ Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The MKTRemodel Inc. dba, Pro Remodel™ Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), you do not have permission to use and/or access the MKTRemodel Inc. dba, Pro Remodel™ Offerings.
- Directory Service. Please be advised that MKTRemodel Inc. dba, Pro Remodel™ does not itself provide any underlying products and/or services, and the ultimate terms and conditions of any Third Party Offerings will be determined by the applicable Third Party Service Providers. Please be advised that MKTRemodel Inc. dba, Pro Remodel™ does not itself provide any underlying products and/or services, and the ultimate terms and conditions of any Third Party Offerings will be determined by the applicable Third Party Service Providers. To receive information regarding Third Party Service Providers, you must first fully complete the registration forms located on the Site (collectively, the "Site Form"). The information that you must supply on the Site Form includes, but is not limited to: (i) your zip code; (ii) the category applicable to your inquiry, if any; and/or (iii) any other information requested on the Site Form (collectively, the "Directory Registration Data"). You agree to provide true, accurate, current and complete Directory Registration Data and to update your Directory Registration Data as necessary in order to maintain it in a current and accurate fashion. MKTRemodel Inc. dba, Pro Remodel’s™ use of the Directory Registration Data shall be governed by the Privacy Policy. Please be advised that the Directory Registration Data submitted by you, and any and all other information provided by you to MKTRemodel Inc. dba, Pro Remodel™ is not protected by the attorney-client privilege, and submitting this information does not create an attorney-client relationship. Upon entering your Directory Registration Data and clicking on the applicable submission button on the Site, you may be provided additional information regarding participating Third Party Service Providers that are located in your designated geographic area that you can choose to contact or be contacted by. Upon your request to contact, or be contacted by, any of the applicable Third Party Service Providers, MKTRemodel Inc. dba, Pro Remodel™ may transfer all or some of your Directory Registration Data to the applicable Third Party Service Provider(s) in connection with facilitating your request for Third Party Offerings from same. Please be advised that selecting a Third Party Legal Professional to contact, or be contacted by, does not create an attorney-client relationship. You understand and agree that MKTRemodel Inc. dba, Pro Remodel™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Service Provider.
-
Listings/Free Listings.
Subject to the terms and conditions of the Agreement, as well as the Advertiser Terms that you agree to in their entirety when you submit
Listings for display to Site Users, by registering on the Site, agreeing to the Agreement and receiving approval from MKTRemodel Inc. dba, Pro Remodel™,
you (acting as a Third Party Service Provider) can submit, or attempt to submit, Listings for display to Site Users that conduct searches
by and through the Directory Services. To submit a Listing, you must first fully complete the applicable Site Form. The information that you
must supply on the Site Form includes, but is not limited to:
(a) your company name;
(b) your company’s address;
(c) your business telephone number;
(d) categories that apply to your company’s business practice, if applicable;
(e) at your option, your business profile and link to your company’s website; and/or
(f) any other information requested on the Site Form (collectively, the "Listing Registration Data").
You agree to provide true, accurate, current and complete Listing Registration Data and to update your Listing Registration Data as necessary in order to maintain it in a current and accurate fashion. MKTRemodel Inc. dba, Pro Remodel’s™ use of the Listing Registration Data shall be governed by the Privacy Policy. The Listings contain descriptions that are provided directly by the applicable Third Party Service Providers, or the manufacturers or distributors of the Third Party Offerings featured in the Listings, as applicable. MKTRemodel Inc. dba, Pro Remodel™ does not represent or warrant that the descriptions of such items are accurate or complete. As a result, MKTRemodel Inc. dba, Pro Remodel™ has no control over: (i) the quality, safety or legality of the Third Party Offerings; (ii) the truth or accuracy of the Listings; and/or (iii) the ability of the applicable Third Party Service Providers to sell the Third Party Offerings.
Do not assume that the offer, sale, purchase, export or import of any Third Party Offerings is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that the applicable Third Party Service Provider actually completes a transaction. Where you submit a Listing by and through the Site, you represent and warrant that: (A) all content in the Listing is accurate, complete and current; (B) you have all necessary rights, power and authority to publish the Listing; (C) the Listing, and any website listed in, or linked to from, the Listing: (I) complies with all applicable laws and regulations; (II) does not infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (III) does not violate the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (IV) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (D) you possess documents that substantiate all claims, express and implied, contained within the Listing. - Paid Advertiser Services. Subject to the terms and conditions of the Agreement, as well as the Advertiser Terms that you agree to in their entirety when you register to become an Advertiser, by registering on the Site and receiving approval from MKTRemodel Inc. dba, Pro Remodel™, you can obtain, or attempt to obtain, for a fee, access to the Paid Advertiser Services as an Advertiser. All payment terms associated with the Paid Advertiser Services shall be set forth in the Advertiser Terms. Please review the terms and conditions of the Advertiser Terms carefully before proceeding with registration. Advertisers are subject to the same obligations, terms and conditions as apply to Third Party Service Providers under the Agreement including, without limitation, those applicable to Listings set forth in Section 6 above. To submit a Listing, you must first fully complete the applicable Site Form on the Site, or via telephone with an MKTRemodel Inc. dba, Pro Remodel™ representative. The information that you must supply on the Site Form includes, but is not limited to: (a) your company name; (b) your company’s address; (c) your business telephone number; (d) categories that apply to your company’s business practice, if applicable; (e) at your option, your mobile telephone number; (f) at your option, your business profile and link to your company’s website; (g) your credit card information; and/or (h) any other information requested on the Site Form (collectively, the "Advertiser Registration Data"). You agree to provide true, accurate, current and complete Advertiser Registration Data and to update your Advertiser Registration Data as necessary in order to maintain it in a current and accurate fashion. MKTRemodel Inc. dba, Pro Remodel’s™ use of the Advertiser Registration Data shall be governed by the Privacy Policy.
- Resource Network. The Resource Network features ongoing, interactive conversations, discussions and forums surrounding articles ("Network Articles") on a broad range of topics as submitted by registered Network Participants and/or permitted guests. Visitors may be permitted to post Feedback at the end of Network Articles. Subject to the terms and conditions of the Agreement, by sending MKTRemodel Inc. dba, Pro Remodel™ a request to: (a) info@mktremodel.com, agreeing to the Agreement and receiving approval from MKTRemodel Inc. dba, Pro Remodel™, you may be granted access to the Home Expert Network as an Ongoing Contributor or Expert Panelist; and/or (b) info@mktremodel.com, you may be granted access to the Legal Resource Network as an Contributor or Member. To become a Network Participant, you must provide certain information to the applicable MKTRemodel Inc. dba, Pro Remodel™ representative (collectively, the "Network Registration Data" and together with the Directory Registration Data, Listing Registration Data and Advertiser Registration Data, the "Registration Data"). You agree to provide true, accurate, current and complete Network Registration Data and to update your Network Registration Data as necessary in order to maintain it in a current and accurate fashion. MKTRemodel Inc. dba, Pro Remodel’s™ use of Network Registration Data shall be governed by the Privacy Policy. The Network Articles are provided directly by the applicable Network Participants. MKTRemodel Inc. dba, Pro Remodel™ does not represent or warrant that the Network Articles are accurate or complete. As a result, MKTRemodel Inc. dba, Pro Remodel™ has no control over: (a) the quality, safety or legality of the Network Articles; and/or (b) the truth or accuracy of the Network Articles. Where you submit a Network Article by and through the Site, you represent and warrant that: (i) all content in the Network Article is accurate, complete and current; (ii) you have all necessary rights, power and authority to publish the Network Article (and grant MKTRemodel Inc. dba, Pro Remodel™ the rights to publish and use same as contemplated hereunder); (iii) the Network Article, and any website listed in, or linked to from, the Network Article: (A) complies with all applicable laws, rules and regulations including, without limitation, the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials; (B) does not infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (C) does not violate the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (D) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) you possess documents that substantiate all claims, express and implied, contained within the Network Article.
- Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other MKTRemodel Inc. dba, Pro Remodel™ Offerings. The Content is compiled, distributed and displayed by MKTRemodel Inc. dba, Pro Remodel™, as well as various third-party content providers including, without limitation, Third Party Service Providers, Visitors and Network Participants ("Third-Party Providers"). MKTRemodel Inc. dba, Pro Remodel™ does not control the Content provided by Third-Party Providers that is made available by and through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. MKTRemodel Inc. dba, Pro Remodel™ does not represent or warrant that the Content and other information posted by and through the MKTRemodel Inc. dba, Pro Remodel™ Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that MKTRemodel Inc. dba, Pro Remodel™ shall not be responsible for, and MKTRemodel Inc. dba, Pro Remodel™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that MKTRemodel Inc. dba, Pro Remodel™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
- Social Media Pages. The Site contains links to various MKTRemodel Inc. dba, Pro Remodel™ Social Media Pages. The Social Media Pages are hosted and made available on third party websites ("Social Media Websites") by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites. You understand and agree that MKTRemodel Inc. dba, Pro Remodel™ shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
- Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in, and provide Feedback in connection with, Network Articles comment sections, blogs, message boards, question and answer areas and other interactive areas of the Site.
- Site Content Submission Guidelines. All Site Content that you submit through or in association with the MKTRemodel Inc. dba, Pro Remodel™ Offerings including, without limitation, the Registration Data, Feedback, Listings, Content, Network Articles, advertisements, responses, statements, promises or other information, shall be subject to the Privacy Policy. By submitting such Site Content to us, you: (a) represent and warrant that MKTRemodel Inc. dba, Pro Remodel’s™ use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that MKTRemodel Inc. dba, Pro Remodel™ is free to use in any manner all or part of the content of any such Site Content or other materials in perpetuity, on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant MKTRemodel Inc. dba, Pro Remodel™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Site Content and/or materials, in whole or in part, or as a derivative work, without any duty by MKTRemodel Inc. dba, Pro Remodel™ to anyone whatsoever. MKTRemodel Inc. dba, Pro Remodel™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials. You agree that you are solely responsible for the Site Content that you publish, transmit and/or post by and through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. You agree to use the MKTRemodel Inc. dba, Pro Remodel™ Offerings in full compliance with all applicable laws, rules and regulations. In connection with your use of the MKTRemodel Inc. dba, Pro Remodel™ Offerings, and submission of Site Content, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site Users; (vii) transmit any chain letters, spam or junk e-mail to Site Users or other parties; (viii) express or imply that any statements you make are endorsed by MKTRemodel Inc. dba, Pro Remodel™; (ix) harvest or collect personal information of Site Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained in the MKTRemodel Inc. dba, Pro Remodel™ Offerings; (xiii) interfere with or disrupt any of the MKTRemodel Inc. dba, Pro Remodel™ Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise 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 or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) "frame" or "mirror" any part of the MKTRemodel Inc. dba, Pro Remodel™ Offerings; (xvii) use metatags or code or other devices containing any reference to the MKTRemodel Inc. dba, Pro Remodel™ Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MKTRemodel Inc. dba, Pro Remodel™ Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the MKTRemodel Inc. dba, Pro Remodel™ Offerings without notice, in the sole discretion of MKTRemodel Inc. dba, Pro Remodel™. MKTRemodel Inc. dba, Pro Remodel™ reserves the right to pursue any and all legal remedies against Site Users that engage in the aforementioned prohibited conduct.
- License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the MKTRemodel Inc. dba, Pro Remodel™ Offerings and associated content in accordance with the Agreement. MKTRemodel Inc. dba, Pro Remodel™ may terminate this license at any time for any reason. Other than where expressly permitted by MKTRemodel Inc. dba, Pro Remodel™, you may only use the MKTRemodel Inc. dba, Pro Remodel™ Offerings on one computer for your own personal, non-commercial use. No part of the MKTRemodel Inc. dba, Pro Remodel™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the MKTRemodel Inc. dba, Pro Remodel™ Offerings or any portion thereof. MKTRemodel Inc. dba, Pro Remodel™ reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the MKTRemodel Inc. dba, Pro Remodel™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on MKTRemodel Inc. dba, Pro Remodel™ infrastructure. Your right to use the MKTRemodel Inc. dba, Pro Remodel™ Offerings is not transferable.
- Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the MKTRemodel Inc. dba, Pro Remodel™ Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the MKTRemodel Inc. dba, Pro Remodel™ Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MKTRemodel Inc. dba, Pro Remodel™ is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the MKTRemodel Inc. dba, Pro Remodel™ Offerings. The posting of information or material on the Site by MKTRemodel Inc. dba, Pro Remodel™ does not constitute a waiver of any right in or to such information and/or materials. The "MKTRemodel Inc. dba, Pro Remodel" name and logo, and all associated graphics, icons and service names, are trademarks of MKTRemodel Inc. dba, Pro Remodel™. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
- Legal Warning. Any attempt by any individual, whether or not a MKTRemodel Inc. dba, Pro Remodel™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the MKTRemodel Inc. dba, Pro Remodel™ Offerings, is a violation of criminal and civil law and MKTRemodel Inc. dba, Pro Remodel™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Indemnification. You agree to indemnify and hold MKTRemodel Inc. dba, Pro Remodel™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-navbar-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the MKTRemodel Inc. dba, Pro Remodel™ Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of MKTRemodel Inc. dba, Pro Remodel™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MKTRemodel Inc. dba, Pro Remodel™ MAKES NO WARRANTY THAT: (A) THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MKTRemodel Inc. dba, Pro Remodel™, ANY SITE USER OR OTHERWISE THROUGH OR FROM THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MKTRemodel Inc. dba, Pro Remodel™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MKTRemodel Inc. dba, Pro Remodel™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MKTRemodel Inc. dba, Pro Remodel™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MKTRemodel Inc. dba, Pro Remodel™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MKTRemodel Inc. dba, Pro Remodel™. THE MKTRemodel Inc. dba, Pro Remodel™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MKTRemodel Inc. dba, Pro Remodel™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites and/or Social Media Websites. Because MKTRemodel Inc. dba, Pro Remodel™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that MKTRemodel Inc. dba, Pro Remodel™ is not responsible for the availability of such third party websites and/or resources. Furthermore, MKTRemodel Inc. dba, Pro Remodel™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any MKTRemodel Inc. dba, Pro Remodel™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. MKTRemodel Inc. dba, Pro Remodel™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- California End-User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
- Contact Us. If you have any questions regarding the Agreement, or would like more information from MKTRemodel Inc. dba, Pro Remodel™, please contact us at using our E-Mail; or call us at: (888) 528-6989.