CUSTOMER TERMS OF USE AGREEMENT

ACCEPTANCE OF THESE TERMS

This Customer Terms of Use Agreement (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to, use of and participation in the Platform (as defined herein) and receipt of services made available by Go Home Builders, Inc. or any of its subsidiaries. (collectively “Go Home Builders”, “we” “our” or “us” provided that your counterparty for these Terms shall only be the Go Home Builders entity applicable to your project), and the entirety of your relationship with Go Home Builders. All references to “you” or “your”, as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, on behalf of yourself and your immediate family and Project location owners, lessors, or household members, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein will refer to that entity, its directors, officers, employees, and agents.

PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE THERMS. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT ACCESS OR USE THE PLATFORM.

MODIFICATION

Go Home Builders may modify, revise, or otherwise amend these Terms at any time by updating this posting, and your access and use of this Platform after such change signifies your acceptance of the changed Terms. Please check these Terms periodically for changes.

CLASS ACTION WAIVER AND BINDING ARBITRATION

YOU ACKNOWLEDGE THAT SECTION 21 “ARBITRATION OF DISPUTES” BELOW REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION, AND NOT A TRIAL, FOR ANY DISPUTE ARISING OUT OF THESE TERMS, AND THAT YOU ALSO WAIVE YOUR RIGHT TO BRING ANY ACTION ARISING OUT OF THESE TERMS ON BEHALF OF, OR AS A MEMBER OF, A CLASS OF PLAINTIFFS.

THE PLATFORM

“Platform” means all websites, webpages, mobile or other applications, software, processes, consultations, platform services, Add-On Services, Go Home Builders Content, contract templates, payment term forms, reviews and any other content or services provided by or through Go Home Builders. The Platform may include publicly displayed advertisements, paid content, and other sponsored information, and the manner, mode, and extent of such advertising are subject to change without specific notice to you.

Accounts and Registration. You may access certain features of the Platform without registering for an account. To access certain other functionality and some features of the Platform, you must register for an account. When you register for an account, you may be required to provide Go Home Builders with some information about yourself pursuant to Section 22 (Privacy), such as your email address, telephone number, project information, and Project location address. You agree that the information you provide to Go Home Builders is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account and anyone you share your password with to access your account. If you believe that your account is no longer secure, then you must immediately notify Go Home Builders at Info@gohomebuilders.com.

Conditions for Use of Go Home Builders Platform by Signed Users. You agree to comply with these Terms including the license terms herein and the specific requirements below.

Change Order Process. You agree to observe the Change Order process as applicable and set forth herein. If you desire a change in the Project Requirements agreed upon in your Final Proposal and Home Improvement Contract or you observe delays, unforeseen circumstances or external factors that impact the Contract scope, materials, fees, timeline or terms or otherwise necessitate a change request, you should reach out to your Contractor to request a change order. You agree that your Contractor may submit a change order request via the Platform for your review, modification, approval or rejection, if your Contractor determines there is a change in the Project that increases or decreases the work to be performed by the Contractor resulting from: (1) a decision by You to change the work required for the Project or (2) an impact to Contractor’s work resulting from an unforeseeable cause, condition or event or an event or condition caused by you. Any of the foregoing shall be referred to as a “Change” on your Platform dashboard). The Change must be to work that is similar to or directly relates to the type of work specified or required pursuant to the Project Requirements. In its reasonable discretion, Go Home Builders may make a final determination whether work may proceed pursuant to an agreed upon Change Order or a separate Project Profile to be finalized as a separate set of Project Requirements pursuant to a Contract. Upon either you or your Contractor’s written notice via the Platform of a Change and provision of an estimated cost impact of the same, You and Your Contractor will determine and agree upon the increase or decrease in Project Fee, if any. The amount, schedule, and method for payments related to a Change will be determined solely between Contractor and Owner and must be approved by both parties. Only upon reflection of the Change Order on the Platform shall you allow Contractor to proceed with work relating to a Change. Changes that require a change to the quantity or selection of materials ordered through the Platform may either result in (a) You and/or Contractor contacting Go Home Builders to request return of materials pursuant to the return policy applicable to the material and re-stocking fees, or (b) order additional materials via the Platform or other supplier. Dependent upon the timing and cause of the Change, there may be additional fees and costs associated with the selected materials. If the parties cannot agree to a Change requested by one party, the parties may seek review by Go Home Builders pursuant to Section 4.8 herein of the circumstances giving rise to a change order dispute, and the parties have all remedies available to them pursuant to their Contract. If you and your Contractor cannot resolve a dispute related to a Change, Go Home Builders reserves the right to terminate your access to Platform pursuant to Section.
Go Home Builders disclaims all responsibility for any Project Requirement changes you and your Contractor address off-Platform outside the Change Order process and any resulting impacts to your Project or Project Fee.
No Platform Bypass. You agree not to circumvent the Platform, and that all work performed for you by a Contractor introduced to you via the Platform or performing work for You pursuant to a Project initiated or contracted through the Platform shall be submitted to the Platform. In the event a Contractor approaches You regarding contracting for Construction Services, new Projects or Change Orders off Platform and not reporting such contracting to Go Home Builders, You shall promptly report such Project Owner to Go Home Builders. You shall not solicit a Contractor to do the same.
Duty of Loyalty. During this Agreement, and for a period of one year immediately following its termination, You agree not to interfere with the business of Go Home Builders and the Go Home Builders Platform in any manner. By way of example and not of limitation, You agree not to solicit or induce any Contractor or other potential home renovation client, or customer to terminate or breach a contractual or other relationship with Go Home Builders, or to work with, contract or hire a Contractor for performance of Construction Services in bypass of the Go Home Builders Platform.

Go Home Builders Code of Conduct. With respect to Go Home Builders, any Contractor, and their respective employees, subcontractors, contractors and representatives, You agree at all times comply with Section 9 (Hazardous Conditions) and Section 10 (Covid Appointment Risks) and to refrain from and not to use language or engage in any acts or behavior that are (1) defamatory, violent, abusive, or threatening, (2) bigoted, hateful, racist, sexist, or makes an exclusionary joke or statement that is offensive to another based on race, gender, citizenship (or the lack thereof), sexual orientation, ethnic origin or religious affiliation, (3) vulgar, obscene or indecent, (4) an unauthorized use, publication or posting of personal information (i.e. name, address, phone number, email, etc.),or (5) descriptive of illegal or criminal conduct or actions.
4.3.5. Review Guidelines. Go Home Builders may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the Contractor, Add-On Service or other entity, person or service being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews and/or you may not identify or promote competitors; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, modify (without changing meaning) or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, pursuant to Section 5 herein, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Termination Without Cause by Go Home Builders. Go Home Builders reserves the right, in its sole discretion, to terminate your access to the Platform and these Terms, without cause or prior notice; provided, that if Go Home Builders terminates these Terms in the middle of a Project, Go Home Builders may provide you with a pro-rata refund for any Construction Services you paid for but not yet received pursuant to the Contractor’s contractual obligations therefore.

HAZARDOUS CONDITIONS
Unless explicitly recorded in the Project Requirements and Project Fee on the Platform, The Project Requirements do not include additional charges which may accrue to correct hazardous conditions, such as the existence of lead paint, asbestos, mold, mildew, or other hazardous substances. A Contractor may immediately suspend work if such substances are encountered, and you and the Contractor should work through the Change Order process to (a) revise the Project Requirements and adjust the Project Fees to reflect the additional work required to mitigate such issues, (b) consult a third party (e.g. mold remediation company) to resolve the issue before resuming the Project, or (c) terminate the Contract pursuant to Section 12.3.

PUBLICITY
Go Home Builders may take photos and recordings of the work performed by Go Home Builders Personnel pursuant to Add- On Services and Construction Services performed by Contractors and reproduce and display such photos and recordings online and in marketing materials for the Platform and/or Contractors (including the right to permit our designees to do the foregoing). You agree to allow Go Home Builders (or its designee which may include the Contractor or a hired third party photographer ) reasonable access to the Project site for such purpose, and you agree that Go Home Builders or its designee may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any purpose without compensation to you or anyone else.

LINKS TO THIRD PARTY SITES/ THIRD PARTY SERVICES
The Platform may contain links to other websites (“Third Party Sites”). The Third Party Sites are not under the control of Go Home Builders and Go Home Builders is not responsible for the contents or privacy policies of any Third Party Site, including any link contained in a Third Party Site, or any changes or updates to a Third Party Site. Unless otherwise disclosed by Go Home Builders, Go Home Builders is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Go Home Builders of the site or any association with its operators. Certain services made available via the Platform are delivered by third party sites and organizations, such as the Construction Services which are provided by third party Contractors and payment processing which are provided by the Payment Processor. By using any product, service or functionality originating from the Platform, you hereby acknowledge and consent that Go Home Builders may share such information and data as is required to allow the third parties with whom Go Home Builders has contractual relationships to provide the requested product, service or functionality, including sharing your personal information with Contractors in connection with soliciting Contractors to complete your Project, as set forth in our Privacy Policy.

FEEDBACK

Go Home Builders is pleased to hear from its users, however you agree that Go Home Builders will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas, or creative materials you disclose or offer to Go Home Builders (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation by Go Home Builders to keep such information secret. By uploading or otherwise providing any Feedback to Go Home Builders, you hereby grant Go Home Builders, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.
DISCLAIMER OF REPRESENTATIONS OR WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, ALL ASSOCIATED SERVICES, AND ALL GO HOME BUILDERS CONTENT INCLUDING CONTRACT TEMPLATES AND PAYMENT TERMS ARE PROVIDED “AS IS.” GO HOME BUILDERS DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT YOUR CONTENT WILL BE BACKED UP AND AVAILABLE. GO HOME BUILDERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THE PLATFORM OR GO HOME BUILDERS’S COMPUTER SYSTEMS. THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM OR ANY ASSOCIATED SERVICES MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. INTRODUCTION OR REFERENCE TO A CONTRACTOR ON THE PLATFORM DOES NOT IMPLY THAT SUCH CONTRACTOR IS OR WILL BE AVAILABLE TO WORK ON YOUR PROJECT. GO HOME BUILDERS RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM, GO HOME BUILDERS CONTENT AND ASSOCIATED SERVICES AT ANY TIME WITHOUT NOTICE.

GO HOME BUILDERS MAKES NO OTHER REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, CONTENT, PRODUCTS OR SUPPLIES OBTAINED BY OR FROM THIRD PARTIES, INCLUDING CONSTRUCTION SERVICES. GO HOME BUILDERS IS NOT RESPONSIBLE FOR ANY LEGAL ADVICE OR COMPLIANCE TO YOU OR CONTRACTORS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CONSTRUCTION SERVICES OR THIRD PARTY SUPPLIES REMAINS SOLELY WITH YOU.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Attn: Arbitration Opt-Out, Go Home Builders, Inc, 1812 W Burbank Blvd #855, Burbabnk, CA 91506, Brooklyn, NY 11201, or by emailing Go Home Builders at: Info@gohomebuilders.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Go Home Builders.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Go Home Builders makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Go Home Builders.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from the Platform. Despite any representations concerning privacy, Go Home Builders reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Platform may include additional or different terms relating to the use of personal information collected from such areas or pages.
MISCELLANEOUS

Independent Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Go Home Builders as a result of these Terms or use of the Service, unless specifically set forth herein or in supplemental terms. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Waiver. A party’s failure to enforce any part of these Terms will not be considered a waiver. You may not transfer any of your rights or obligations under these Terms to anyone else without Go Home Builders’s written consent.

Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Survivability. Subject to Previous Section (Modification), these Terms shall continue to apply for as long as you access the Platform or use the Services, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, limitations of Go Home Builders’s liability and the resolution of disputes through arbitration.

Assignment. You understand that Go Home Builders may freely assign its rights, obligations, or liabilities hereunder (in whole or in part) to any Go Home Builders affiliate company including but not limited to Go Home Builders, Inc., and to any successor in interest without notice to you. Additionally, Go Home Builders may delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity. Go Home Builders may subcontract or delegate its obligations (in whole or in part) pursuant to this Agreement and the Platform, Add-On Services and any other services hereunder without notice to you. For clarification, notwithstanding the foregoing, Go Home Builders does not subcontract Construction Services which are provided by Contractors pursuant to your Contract with your Contractor.

Statute of Limitations. You agree that regardless of any statute or law to the contrary and except to the extent prohibited by law, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Notice. You agree that Go Home Builders may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Platform. Legal notices to Go Home Builders related to these Terms must be sent in writing to: Go Home Builders, Inc, 1812 W Burbank Blvd #855, Burbabnk, CA 91506 ATTN: Legal Notice, with an email copy to: Info@gohomebuilders.com. Notices to Go Home Builders shall be deemed received when delivered to the foregoing mailing address. Notices to you shall be deemed received when emailed, mailed or posted by Go Home Builders.

Entire Agreement. Unless otherwise specified herein, these Terms, together with any supplemental terms applicable to Add-Ons, constitute the entire agreement between you and Go Home Builders with respect to the Platform and, subject to Section 2 (Modification) herein, it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Go Home Builders with respect thereto. A printed version of these Terms and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

1.1 Contact Information. If you have any questions about these Terms or the Platform, please contact us by sending an email to Info@gohomebuilders.com or contacting us via the mailing address provided below.

Mail:
Go Home Builders, Inc
1812 W Burbank Blvd #855, Burbabnk, CA 91506

Disclaimers
• All pricing and information are subject to change, prior to sale, or at any time without notice or obligation. Square footages and dimensions are approximate and may vary in construction and depending on the standard of measurement used, engineering and municipal requirements, or other site-specific conditions.
• By entering information in a form on this site you agree to receive future marketing communications from Go Home Builders. To see more information please check our Privacy Policy.
• Go Home Builders uses good faith efforts to provide complete and accurate information, including but not limited to availability and prices of products, but it is not possible to completely ensure that information on this website is constantly correct and at any time such prices and terms are subject to change, prior sale, products and/or predetermined options.
• Go Home Builders does not warrant the accuracy and completeness of information, text, graphics, links, or items contained on this website or that its service in providing this website will be constant or uninterrupted.
• The website and the materials on the website are subject to change without notice and represent no commitment on the part of Go Home Builders in the future. All products and services are provided subject to applicable taxes and accompanying terms and conditions. In no event shall Go Home Builders be liable for any special, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the materials.
• This website may be accessed by individuals throughout the United States and internationally. It may contain references or cross-references to Go Home Builders programs, products and services that are not available in your state or country. These references do not imply that Go Home Builders intends to make such programs, products or services available to residents in your state. The information contained in this web site is not intended as a solicitation to users residing in states where Go Home Builders or its affiliates are not authorized to conduct business.

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