Last Updated 2/8/2022
Welcome to ManyBuild™, the place for trades people to meet project owners.
If you have any questions, comments, or concerns regarding ManyBuild's terms or services, please contact us at:
Address: 4050 North Pecos Street, Suite 201, Denver, Colorado 80238
Address: 4050 North Pecos Street, Suite 201, Denver, Colorado 80238
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://ManyBuildSolutions.com/, send you an email, and/or notify you by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at info@ManyBuildSolutions.com.
The ManyBuild™ Platform is a two-sided marketplace which enables connections between Clients and Builders. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Projects” ) from Builders (and are therefore clients of Builders) and “Builders” are individuals and/or businesses seeking to perform Projects for Clients. Clients and Builders together are hereinafter referred to as “Users.” If you agree on the terms of a Project with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail below.
The ManyBuild™ Platform is an app-based; online marketplace; web-based communications platform (Including mobile applications, web based applications and downloadable software) which enables connections between its users. Its users are Clients with Service Providers (Builders) who wish to perform a variety of Projects. ManyBuild™ provides a variety of services and insights designed to increase interactions between skilled trades people and project owners. The ManyBuild™ Platform also enables connections between (a) property-owners, consumers, property managers, individuals and other persons (“Clients”) seeking obtain certain project-based services including, for example, construction, home improvement and other related services (“Projects”) and (b) businesses seeking to perform Projects for Clients (“Vendors”). Clients and Vendors together are hereinafter referred to as “Users.” VENDORS AND BUILDERS OPERATE AS INDEPENDENT BUSINESS OWNERS OR AS SOLE PROPRIOTORS AND ARE CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTABLISHED BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN THE SERVICES PERFORMED FOR CLIENTS THEROUGH THE MANYBUILD™PLATFORM. THEY ARE INDEPENDENT BUSINESS OWNERS AND INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF MANYBUILD™. MANYBUILD™ DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM PROJECTS. MANYBUILD™ DOES NOT PERFORM CONSTRUCTION SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH VENDORS, MANYBUILD™ OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH VENDORS WHO WISH TO PERFORM A VARIETY OF PROJECTS.
MANYBUILD™DOES NOT CONTROL OR DIRECT THE BUILDERS’ PERFORMANCE OF THEIR SERVICES OR SET THEIR WORK LOCATIONS, WORK HOURS, OR TERMS OF WORK. USERS HEREBY ACKNOWLEDGE THAT MANYBUILD™ DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A VENDOR’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE PROJECT IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE. MANYBUILD™ EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND SERVICES PROVIDED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLAINCE WITH ANY LAW, REGULATION, OR CODE.
ManyBuild™ does not perform Projects and does not employ people to perform Projects. ManyBuild™ is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Construction Services, Contractors, Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. ManyBuild™ makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Construction Services requested or Construction Services provided by, or the communications of or between, Users identified through the ManyBuild™ Platform, whether in public, private, or offline interactions or otherwise howsoever.
Builders provide their own tools and supplies to perform their services; ManyBuild™ does not provide the tools or supplies. Builders are free to maintain a clientele without any restrictions from ManyBuild™ and are free to offer and provide their services elsewhere, including through competing platforms. Builders are free to accept or reject Clients and contracts. Builders are not penalized for rejecting Clients or contracts, though if Builders accept a Client or contract through the ManyBuild™ Platform, they are expected to fulfill their contractual obligations to their client. Builders set their own rates for services performed in the ManyBuild™ general marketplace.
Users can and do lose money. The ManyBuild™ Platform is not an employment agency service or business and ManyBuild™ is not an employer of any User. Builders acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Projects and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Embedded Finance is the API and technology layer that connects Users, Banks, and their capitol. The ManyBuild™ platform integrates the financial tools of banking, bill paying services, accounting, etc… services (e.g. bank transfers) to you through our partners. This streamlines our Users financial processes, making it easier for them to access the services they need when they need them. ManyBuild allows our users to combine data, process, and capital.
ManyBuild™ provides software services to users on our platform to give you the ability to send and receive funds to run your business. All funds transfer services are provided to users to send and receive funds from their bank. Our software allows you to send funds transfer instructions to banks. Any funds balances displayed by ManyBuild’s software are held in your account or otherwise held by a bank or platform for you benefit as applicable (“Account Balance”).
MANYBUILD™ MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO YOUR FUNDS OR ACCOUNT BALANCES INCLUDING FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) INSURANCE COVERAGE. SUCH REPRESENTATIONS AND WARRANTIES MAY BE FOUND IN YOUR SPECIFIC ACCOUNT AGREEMENT, OR AGREEMENT WITH YOUR PLATFORM. UNLESS NOTIFIED OTHERWISE BY SUCH AGREEMENTS, YOUR ACCOUNT BALANCES MAY LOSE VALUE IN THE EVENT BANK, THE BROKER DEALER, OR BUSINESS ENTERS A RECEIVERSHIP.
We provide software services to facilitate your requests for services relating to your Account as detailed in such agreements. We are not responsible or liable if your request for such services is limited, delayed, or denied for risk, compliance, or other reasons.
We may from time to time offer additional services or remove services without prior notice to you. You agree to be bound by the terms and conditions of such services as they may be offered to you.
Fees for services offered under your Account are detailed in the specific Account agreements. If you use our Transaction services listed in in this agreement, you may be charged a transaction fee by the Business or us as detailed in your agreement with the Business. Transactions completed on our website or phone application may include a transaction fee as detailed when you make a transaction request.
In the event that a sender or the sender’s financial institution requests a reversal of payment or ManyBuild™ decides against you in a dispute against you, we reserve the right to charge you a $27.50 fee in addition to the full amount of the transaction (collectively, the “Reversal Liability”). You agree to immediately reimburse for the Reversal Liability. Additionally, you authorize us to recover any Reversal Liability due ManyBuild™ or Bank by debiting your available Account Balance. If you have an insufficient Account Balance, you authorize ManyBuild™ and our Bank to take any of the following actions to recover the remaining amounts from you: a) Debit the Bank Account(s) linked to our services; b) Suspend your use of our services and require your immediate payment; or c) Engage in collection efforts.
ManyBuild™ is always looking for ways to protect you from abusive business practices, security related issues and other issues you may encounter with the Business and our Banks. If you have a complaint against how Business or Bank is providing services to you or using your User Data, just let us know by emailing us at legal@ManyBuildSolutions.com per below. We cannot warranty or guarantee anything under this section, but if we are able to help, we will work with you to resolve your complaint so long as such assistance is commercially reasonable and does not violate any agreements with third parties, regulations or laws. Disputes relating to your Account shall be governed by your specific account agreements. Below is more information on how we can try to help you with other Disputes (as defined below).
You understand and agree that we are not responsible for the goods or services that you pay for using our services, including but not limited to those offered by your Business and other third parties. Each Business and User that you purchase from is responsible for providing the goods and services that you purchase and for providing all customer service related to those goods and services. We recommend that you review each Business and, if applicable, a Users’s policies before completing your purchase. You are responsible for resolving any disputes that you may have with a Business or a seller. If you have exhausted all options for resolving a complaint about abusive business practices, security related issues, or other dispute with a Business or a seller, you may choose to file a dispute claim with ManyBuild™ (“Dispute”) by following the steps in this “Disputes” Section.
By filing a Dispute, you understand and agree that:
You are asking us to assist in resolving the dispute in its sole discretion and that such assistance or ManyBuild’s decision may not be satisfactory to you; ManyBuild’s assistance in resolving the dispute does not guarantee any particular outcome or any action on our part; and You release ManyBuild™ and our officers, directors, agents, employees, subsidiaries, and suppliers from all claims, demands, and damages of any kind arising out of your dispute with a seller and ManyBuild’s review of your Dispute.
Abusive business practices, security issues, or other non-transaction related disputes. If you have a complaint about a Business relating to abusive business practices, security issues, handling of your User Data, or related issues, email us at legal@ManyBuildSolutions.com with the following information and To file a Dispute, follow these steps:
Transaction related disputes or unauthorized activity.
Within 45 days of the original disputed transaction or immediately if the Dispute relates to unauthorized activity, email us at help@ManyBuildSolutions.com with the following information and To file a Dispute, follow these steps:
Provide any additional information or documentation that we may request. Once ManyBuild™ has decided the outcome of the Dispute, the parties will be notified of the decision. You are required to comply with the decision and complete any actions required by such decision.
All disputes relating to an Account shall be governed by the specific Account agreement and this section shall not apply.
You are responsible for all Reversal Liability, claims, fees, fines, penalties, and other liabilities incurred by ManyBuild, Bank, other ManyBuild™ users, a Business, or third parties arising from your breach of these Terms of Service or your use of the services. You agree to reimburse ManyBuild, Bank, other ManyBuild™ users, Businesss, or third parties for any and all such liability.
If we determine, in our sole discretion, that you may have breached these Terms of Service, that you or your account activity presents risk or security concerns, or if we are unable to verify your identity, we may take actions to protect ManyBuild, Bank, Businesss, our users, or other third parties from Reversal Liability, claims, fines, penalties, and any other liability. These actions may include, but are not limited to, the following:
We will provide you with notice if we take any of the above actions against your Account or other accounts held by Bank or Business for your benefit. If we limit or suspend such accounts, we will provide you with notice of our action.
ManyBuild™ services are in America.
ManyBuild’s services are based in the United States of America. We make no claims whether these services can be appropriately used outside of the United States. If you access our services from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with local laws.
ManyBuild™ can terminate these Terms of Service at will.
We reserve the right, at our sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of our services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our services at any time without prior notice or liability.
If you wish to terminate your use of the services and the Terms of Service, email us at legal@ManyBuildSolutions.com. However, if you terminate the Terms of Service with ManyBuild, this will result in your Account Agreement being terminated and may impair your ability to use the Business’s services. You accept sole responsibility and any liabilities resulting from an impairment of Business’s services or termination of your agreements with Business, to the fullest extent permitted by law.
If you wish to terminate your agreement with Business or your Account, you must notify the parties of such agreements in accordance with such agreements.
Any reference on the ManyBuild™ Platform to a Builder being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Builder has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Vendor of such Vendor’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Vendor whom they contact or interact with via the ManyBuild™ Platform. Users should always perform their own due diligence.
The ManyBuild™ Platform enables connections between Users for the fulfillment of Projects. ManyBuild™ is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Projects, Builders, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. ManyBuild™ makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Projects requested or services provided by, or the communications of or between, Users identified through the ManyBuild™ Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
You will promptly disclose to ManyBuild™ in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the ManyBuild™ Platform.
Builders may be subject to a review process before they can register for and during their use of the ManyBuild™ Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although ManyBuild™ may perform Background Checks, ManyBuild™ cannot confirm that any User is who they claim to be, and ManyBuild™ cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. ManyBuild™ will not be liable for any false or misleading statements made by Users of the ManyBuild™ Platform.
NEITHER MANYBUILD, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MANYBUILD™ PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MANYBUILD™ AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MANYBUILD™ PLATFORM.
You agree that information discovered during the Background Checks may be disclosed to other users on the platform.
The ManyBuild™ Platform enables connections between Users for the fulfillment of Project. ManyBuild™ is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Projects, Vendors, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. ManyBuild™ makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Project requested or services provided by, or the communications of or between, Users identified through the ManyBuild™ Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
You may be required to sign up for an account, select a password and username (“ManyBuild™ User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your ManyBuild™ User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Apple, Microsoft, Google or Facebook (for example). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf) in the jurisdiction in which you reside, and are capable of entering into binding contracts. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
By registering or using the ManyBuild™ Platform to offer, post, or provide Construction Services, as a Contractor, you represent and warrant that you, and your employees, Assistants and sub contractors or anyone else you authorize (as defined below) who may perform work for you, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your Construction Services and in relation to the specific job you are performing. Contractors additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills, expertise and, if applicable, license, and you will provide the Construction Services safely and in accordance with all applicable laws, and that you have the legal right to work in the country, jurisdiction, and/or place in which you are performing Construction Services.
Clients additionally represent and warrant that you either own the property for which Construction Services are being done, or are an authorized person (such as a renter or agent) by the Client and/or property owner to engage Contractors for Construction Services.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
You will not share your ManyBuild™ User ID, account, or password with anyone, and you must protect the security of your ManyBuild™ User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your ManyBuild™ User ID and account. If your account credentials have been shared to another party, then contact info@ManyBuildSolutions.com with the heading “I think My Account has been Compromised”
You hereby warrant and represent that, other than as fully and promptly disclosed to ManyBuild™ as set forth below, you do not have any motivation, status, or interest which ManyBuild™ may reasonably wish to know about in connection with the ManyBuild™ Platform, including without limitation, if you are using or will or intend to use the ManyBuild™ Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to ManyBuild™ in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the ManyBuild™ Platform. You also agree to wait for prior written authorization from ManyBuild™ for said use.
You acknowledge and agree that a legally binding contract (the “Construction Agreement”) is formed when you agree on the terms of a Construction Service with another User on the terms of a Project. Users are responsible for abiding by contract formation laws and requirements and have complete discretion both with regard to whether to enter into a written Construction Agreement with each other and with regard to the terms of any Construction Agreement, provided that any such agreements do not conflict with, narrow, or expand ManyBuild’s rights and obligations under this Agreement and provided that such agreements abide by required law. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the ManyBuild™ Platform, and any other contractual terms accepted by both the Builder and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand ManyBuild’s obligations or restrict ManyBuild’s rights under this Agreement. ManyBuild™ is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between ManyBuild™ and the Builder, nor will it create an employment relationship between the Client and the Builder. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of ManyBuild. To the extent the Builder chooses to use the ManyBuild™ Platform for project management and/or payment, the terms of the Construction Agreement shall be deemed to include the terms set forth in this Section.
The Client shall pay their Builder(s) in full for all Project services via the PSP as indicated on the ManyBuild™ Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Project.
The Construction Agreement is a contractual relationship directly between the Client and Builder and you agree that ManyBuild™ is not a party to any Construction Agreement and the formation of a Construction Agreement will not, under any circumstance, create an employment or other service relationship between ManyBuild™ and the Builder(or Assistants (as defined below)), nor will it create an employment relationship between the Client and the Builder(or Assistants). ManyBuild’s role is restricted solely limited to provide a place where the Client and the Builder may track the progress of the Construction Services, to facilitate payment between the parties using the PSP, and communication. In acting as the limited payment facilitation agent for particular Construction Services, ManyBuild™ disclaims any other agency or authority to act on behalf of the Builder or the Client, and assumes no liability or responsibility for any acts or omissions of the Builder or the Client, either within or outside of the ManyBuild™ Platform.
While using the ManyBuild™ Platform, Clients, in their sole discretion, determine whether they will be present or not when a Construction Service is performed and/or completed. Clients who elect not to be present when a Construction Service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etcetera) is present when the Construction Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Builder may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself.
The Client shall pay their Builder directly for the Construction Services through the PSP as indicated on the ManyBuild™ Platform at the rates agreed to by the parties in the Construction Agreement. Each User agrees to comply with the Construction Agreement and this Agreement during the engagement, performance and completion of a Construction Service. Both Users agree to notify ManyBuild™ of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally for at least thirty (30) days before initiating any proceeding. ManyBuild™ reserves the right to suspend or terminate any account pending the resolution of any dispute.
As part of the Services, you may receive communications through the Services, including messages that ManyBuild™ sends you (for example; in app messages, via email, or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want ManyBuild™ to send you information regarding your account or transactions with us, which may include ManyBuild™ using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from ManyBuild™, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from ManyBuild™. You agree to indemnify and hold ManyBuild™ harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
By providing your mobile phone number and using the ManyBuild™ Platform, you hereby affirmatively consent to ManyBuild’s use of your mobile phone number for calls and recurring texts, (including with an auto dialer and/or prerecorded voice) in order to (a) perform and improve upon the ManyBuild™ Platform, (b) facilitate the carrying out of Construction Services, (c) provide you with information and reminders regarding your registration, upcoming Construction Services or milestones, changes and updates, service outages or alterations, (d) third party advertising, and (e) share with other Users in private when both the Builder and the Client have accepted one another’s Construction Services. These calls and texts may include, among other things, reminders about upcoming Construction Services and/or in follow up to any push notifications delivered through our mobile application and the ManyBuild™ Platform. ManyBuild™ will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, texting “STOP” in response to any texts, or by emailing support@ManyBuildSolutions.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing support@ManyBuildSolutions.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
You must register with ManyBuild™ and create an account to use the ManyBuild™ Platform (an “Account”). You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by ManyBuild™ for accessing the ManyBuild™ Platform. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. If you are accessing and using the ManyBuild™ Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. ManyBuild™ has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact ManyBuild™ immediately.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Clients and Vendors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Construction Services. Indeed, certain types of Construction Services and services may be prohibited altogether, and it is the responsibility of Vendors and Clients to avoid such prohibited Construction Services and services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to a Construction Service, you can and should first seek separate legal guidance.
Because ManyBuild™ does not oversee, monitor or supervise the posting, scoping or performance of Construction Services, Clients must determine for themselves whether a Builder is qualified to perform the specific Construction Service at hand. Clients may wish to consult their state/provincial/territorial or local requirements to determine whether certain Construction Services are required to be performed by a licensed professional.
In ManyBuild’s sole discretion, Users may be subject to a vetting process before they can register for and during their use of the ManyBuild™ Platform, including but not limited to a verification of identity through third-party services as appropriate (“Identity Checks”). Although ManyBuild™ may perform Identity Checks, ManyBuild™ is not required to do so and cannot confirm that each User is who they claim to be. ManyBuild™ cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the ManyBuild™ Platform. ManyBuild™ has discretion to include or exclude potential Users based off of vetting process results.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. ManyBuild™ will not be liable for any false or misleading statements made by Users of the ManyBuild™ Platform. NEITHER MANYBUILD™ NOR ITS AFFILIATES, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, LICENSORS, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “MANYBUILD™ AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MANYBUILD™ PLATFORM AND YOU HEREBY RELEASE MANYBUILD™ AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MANYBUILD™ PLATFORM.
“User Generated Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the ManyBuild™ Platform, its agents, Affiliates, corporate partners, its Users, and/or, other Users, including without limitation to the applicable Construction Agreement in connection with your registration for and use of the ManyBuild™ Platform and participation in ManyBuild™ promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas.. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that ManyBuild™ is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that ManyBuild™ has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You acknowledge and agree that ManyBuild:
You hereby represent and warrant to ManyBuild™ that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, vandalize, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with ManyBuild™ or purport you to act as a representative or agent of ManyBuild; and (viii) will not create liability for ManyBuild™ or cause ManyBuild™ to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
You hereby represent and warrant to ManyBuild™ that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Project is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with ManyBuild™ or otherwise purport to act as a representative or agent of ManyBuild; and (i) will not create liability for ManyBuild™ or cause ManyBuild™ to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The ManyBuild™ Platform hosts User Generated Content relating to reviews and ratings of specific Builders ( “Feedback” ). Feedback is such User’s opinion and not the opinion of ManyBuild™ and has not been verified or approved by ManyBuild. You agree that ManyBuild™ is not responsible or liable for any Feedback or other User Generated Content. ManyBuild™ encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. ManyBuild™ is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the ManyBuild™ Ratings and Reviews Policy by contacting the Support team at help.tr.co. Each Client should undertake their own research prior to booking to be satisfied that a specific Builder has the right qualifications for a Project.
ManyBuild™ respects the personal and other rights of others and expects Users to do the same. ManyBuild™ is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the ManyBuild™ Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify ManyBuild. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify ManyBuild. Such notification can be made at ManyBuild, Inc., 4045 N Pecos St. Denver, CO 80211.
You hereby grant ManyBuild™ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the ManyBuild™ Platform.
The ManyBuild™ Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Project postings, chat areas, news groups, forums, communities and/or other message or communication facilities ( “Public Areas” ) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the ManyBuild™ Platform, you should not share your personal contact information with other Users.
Without limitation, the ManyBuild™ Platform may not be used for any of the following purposes:
• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and ManyBuild™ staff;
• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or ManyBuild;
• To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage ManyBuild™ or its Users’ computers;
• To advertise or offer to sell any goods or services for any commercial purpose through the ManyBuild™ Platform which are not relevant to the Project services;
• To conduct or forward surveys, contests, pyramid schemes, or chain letters;
• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).
While using the ManyBuild™ Platform, you may not:
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. ManyBuild™ will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ManyBuild™'s) rights. If you believe there to be a DMCA violation, send notification to DMCA@ManyBuildSolutions.com or send mail to 4050 North Pecos Street, Suite 201, Denver, Colorado 80238
Subject to these Terms, we grant each user of the Services a non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that ManyBuild™ owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Further, PII is defined as information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator, and other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This information can be maintained in either paper, electronic or other media.
ManyBuild™ promotes a sharing model that is a service compensation model in which the owner sells access to underutilized assets to subsequent customers. Owners in this model are responsible for maintenance and service quality. IF YOU DO NOT WANT YOUR PII SHARED PLEASE DO NOT USE MANYBUILD.
By submitting User Submissions through the Services, you hereby do and shall grant ManyBuild™ a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Finally, you understand and agree that ManyBuild™, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
In accordance with the DMCA, we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.
ManyBuild™ respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to ManyBuild™'s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact ManyBuild™'s Designated Agent at the following address:
Attn: DMCA Designated Agent
4050 North Pecos Street, Suite 201, Denver, Colorado 80238
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links (such as hyperlinks) to third-party websites or connections to third-party websites or services that are not owned or controlled by ManyBuild™. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that ManyBuild™ is not responsible for such risks. Such links do not constitute endorsement by ManyBuild™ or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the ManyBuild™ Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. ManyBuild™ does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that ManyBuild™ is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that ManyBuild™ has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the ManyBuild™ Platform at its sole discretion.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ManyBuild™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that ManyBuild™ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ManyBuild™, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
We are always trying to improve our Services, so they will change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical or possible. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Some Services may be free or we may charge a fee for using the Services. If you are using a free version or free aspects of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your telephony provider and wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Certain Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and you agree to comply with all such terms in connection with your use of the Paid Service.
In connection with any initial assessment or consultation, you may be required to submit a deposit (the “Deposit”). You understand and agree that the Deposit is intended to ensure your interest and engagement with our process.
Users of the ManyBuild™ Platform contract for Projects directly with other Users. ManyBuild™ will not be a party to any contracts for Projects or services. Client, and not ManyBuild, is responsible for payment for all Project services through the ManyBuild™ Platform. Such payment must be made via the PSP. ManyBuild™ is not obligated to compensate Builder for Client’s failure to pay for services.
The Project Payment, service charge, and Trust & Support fee must be paid through the PSP. Clients on the ManyBuild™ Platform will be required to provide their payment method details to ManyBuild™ and the PSP. Builders are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Project is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Project (the “Invoice(s)” ), which will include (a) the pricing terms of the Project provided by the Builder and agreed upon by the parties ( “Project Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Builder in connection with the Project, (c) the service charge ManyBuild™ assesses to the Client for access to and information regarding Builders, and (d) the Trust & Support Fee ManyBuild™ assesses to the Client for customer support, services in support of the Happiness Pledge, and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Builder. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Project individually, or Projects in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Builders will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.
To help prevent fraud and safeguard User information from the risk of unauthorized access, ManyBuild™ and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Project and expenses.
When Client receives confirmation through the ManyBuild™ Platform or via email that a Project has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Builder’s hourly rate through the PSP if you book a Project, but cancel it before the scheduled time for performance (for users in Germany, please refer to the Jurisdiction-specific provisions).
ManyBuild™ reserves the right (but not the obligation) upon request from Client or Builder, or upon notice of any potential fraud, unauthorized charges or other misuse of the ManyBuild™ Platform, to place on hold any Project Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.
Users of the ManyBuild™ Platform may be liable for any taxes or similar charges (including Tax , if applicable in the country where the Project is performed) required to be collected and/or paid on the Projects and/or fees provided under the Agreement.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that ManyBuild™ may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
We use third-party payment provider (the “Payment Provider”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. Users of the ManyBuild™ Platform contract for Construction Services directly with other Users. Payment for Construction Services is made directly from the Client to the Builder via the PSP, and not by ManyBuild. Clients will be solely responsible for paying for each Construction Service and ManyBuild™ is not obligated to pay Builder for Client’s failure to pay.
Users of the ManyBuild™ Platform will be liable for any taxes required to be paid on the Construction Services provided under the Agreement. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Provider in addition to these Terms. Currently, we use third parties in our embedded finance offerings. You can access their User Agreements and Privacy Policies at their website using the links at the top of this document. We are not responsible for any error by, or other acts or omissions of, the Payment Provider. By choosing to use Paid Services, you agree to pay us, through the Payment Provider, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Provider, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Provider makes even if it has already requested or received payment.
The Builder shall be responsible at all times, and fully liable regarding, (i) its invoicing obligations, in particular as regards the content of the invoice, its mandatory detail and the retention obligations; and (ii) the TAX Tax obligations and consequences deriving from that. More generally, the Builder shall be responsible for filing his/her TAX returns and paying TAX relating to the Projects performed by the Builder for the benefit of the Client.
ManyBuild™ shall not be held responsible for any breach of the Builder’s tax obligations, it being specified that ManyBuild™ shall not be held jointly and severally liable for Tax , interest on overdue Tax , or for any penalties or fines that would be owed by the Builder.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Provider, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
You must register with ManyBuild™ and create an account to use the ManyBuild™ Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by ManyBuild™ for accessing the ManyBuild™ Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. ManyBuild™ has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify ManyBuild™ immediately.
You acknowledge that telephone calls to or from ManyBuild, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to ManyBuild, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify ManyBuild™ before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify ManyBuild™ by texting STOP to any text message sent to the retiring phone number.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROVIDER IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR MANYBUILD™ ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, MANYBUILD™ WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
ManyBuild™ gift cards ( “Gift Cards” ) and promotional codes ( “Promo Codes” ) may be available and can be used to pay Project Payments and the ManyBuild™ service charge and Trust & Support fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Project provided through the ManyBuild™ Platform.
Promo Codes are an offer by ManyBuild™ to reduce the amount a Client has to pay in relation to a Project Payment, service charge, and/or Trust & Support fee. Promo Codes will not affect the amount of the Project Payment a Builder ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between ManyBuild™ or the Builder or Client, or constitute wages, fees or other amounts paid to the Builder. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. ManyBuild™ reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
Gift cards can only be used in connection with Projects performed on the ManyBuild™ Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Builders as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. ManyBuild™ reserves the right to correct the balance of a Gift Card if ManyBuild™ believes that a billing error has occurred. ManyBuild™ reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
ManyBuild™ is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. ManyBuild™ has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at info@ManyBuildSolutions.com – we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination:
• any obligation you have to pay us or indemnify us,
• any limitations on our liability,
• any terms regarding ownership or intellectual property rights, and
• terms regarding disputes between us, including without limitation the arbitration agreement.
ManyBuild™ may suspend your right to use the ManyBuild™ Platform pending its investigation of a potential breach by you of this Agreement. ManyBuild™ may deactivate your account or limit your use of the ManyBuild™ Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). ManyBuild™ will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety . If you wish to appeal this determination, please contact policies@ManyBuild.com within 14 days of receipt of such notice with the grounds for your appeal .
If ManyBuild™ suspends or deactivates your account or limits your use of the ManyBuild™ Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the ManyBuild™ Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. ManyBuild™ reserves the right to take appropriate legal action pursuant to the Agreement.
ManyBuild™ reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the ManyBuild™ Platform at its sole discretion. ManyBuild™ will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, ManyBuild™ shall not be liable to you for any modification or discontinuance of all or any portion of the ManyBuild™ Platform. ManyBuild™ has the right to restrict anyone from completing registration as a Builder if such person may threaten the safety and integrity of the ManyBuild™ Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the ManyBuild™ Platform and deactivating your account.
ManyBuild™ may terminate or limit your right to use the ManyBuild™ Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If ManyBuild™ terminates or limits your right to use the ManyBuild™ Platform pursuant to this Section 6, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
ManyBuild™ reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the ManyBuild™ Platform at its sole discretion. ManyBuild™ is not liable to you for any modification or discontinuance of all or any portion of the ManyBuild™ Platform. ManyBuild™ has the right to restrict anyone from completing registration as a Builder if ManyBuild™ believes such person may threaten the safety and integrity of the ManyBuild™ Platform, or if, in ManyBuild’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the ManyBuild™ Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
MANYBUILD™ DOES NOT PERFORM CONSTRUCTION SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM CONSTRUCTION SERVICES. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF A CLIENT, YOU INDEMNIFY AND HOLD MANYBUILD™ AND AFFILIATES HARMLESS, AND IF A CONTRACTOR, YOU FULLY AND FINALLY RELEASE MANYBUILD™ AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT CONTRACTORS OR ASSISTANTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF CONSTRUCTION SERVICES OR CONSTRUCTION AGREEMENTS OR THE USE OF THE MANYBUILD™ PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF CONTRACTORS AND ASSISTANTS AND THE TERMINATION OR CESSATION OF ANY CONSTRUCTION SERVICE, CONSTRUCTION AGREEMENTS, THIS AGREEMENT OR THE USE OF THE MANYBUILD™ PLATFORM.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of ManyBuild. Each User acknowledges and agrees that ManyBuild™ does not, in any way, supervise, scope, direct, control or monitor a Contractor’s work or Construction Services performed in any manner. ManyBuild™ does not set a Contractor’s work hours or location of work. ManyBuild™ will not provide any equipment, tools, labor or materials needed for a particular Construction Service. ManyBuild™ does not provide any supervision to Users.
The ManyBuild™ Platform is not an employment agency service or business and ManyBuild™ is not an employer of any User. As such, ManyBuild™ is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the ManyBuild™ Platform. Contractors acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Construction Agreements and performing Construction Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including ManyBuild™ designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the ManyBuild™ Platform is owned by ManyBuild, excluding User Generated Content, which Users hereby grant ManyBuild™ a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. ManyBuild™ owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the ManyBuild™ Platform without ManyBuild’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of ManyBuild, including without limitation ManyBuild, ManyBuild™ for Good, and associated logos, are service marks owned by ManyBuild. Any other trademarks, service marks, logos and/or trade names appearing via the ManyBuild™ Platform are the property of their respective owners. ManyBuild’s proprietary marks and logos are not available for use by Builders. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
The term “Confidential Information” shall mean any and all of ManyBuild’s trade secrets, confidential and proprietary information, and all other information and data of ManyBuild™ that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to ManyBuild™ or ManyBuild’s business, operations or properties, including information about ManyBuild’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
The term “Confidential Information” shall mean any and all of ManyBuild’s trade secrets, confidential and proprietary information, and all other information and data of ManyBuild™ that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, lists, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to ManyBuild™ or ManyBuild’s business, operations or properties, including information about ManyBuild’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
THE TECHNOLOGY OF THE MANYBUILD™ PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. MANYBUILD™ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MANYBUILD™ PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MANYBUILD™ PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MANYBUILD™ PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
ManyBuild™ does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the ManyBuild™ Platform or any hyperlinked website or featured in any banner or other advertising, and ManyBuild™ will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, ManyBuild™ and Affiliates do not warrant that access to the ManyBuild™ Platform will be uninterrupted or that the ManyBuild™ Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the ManyBuild™ Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Project, service, information or materials provided through or in connection with the use of the ManyBuild™ Platform. ManyBuild™ and Affiliates are not responsible for the conduct, whether online or offline, of any User. ManyBuild™ and Affiliates do not warrant that the ManyBuild™ Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. ManyBuild™ and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Client may use to expedite Builder selection, each Client is responsible for determining the Project and selecting or otherwise approving their Builder and ManyBuild™ does not warrant any goods or services purchased by a Client and d does not recommend any particular Builder . ManyBuild™ does not provide any warranties or guarantees regarding any Builder’s ability, professional accreditation, registration or licensure.
ManyBuild™ and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (ManyBuild™ and all such parties together, the “ManyBuild™ Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the ManyBuild™ Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. You acknowledge that all suggestions, recommendations, and other information provided by ManyBuild™ should not be interpreted as guarantee. We cannot guarantee any result or outcome including increases in property value or return on investment. You hereby waive, promise never to assert, and release ManyBuild™ and its subsidiaries, successors, assigns, partners, agents, and employees from, all actions, claims or demands that you now have or may hereafter have for any injury, harm, damage, loss, cost, or expense (including, without limitation, attorneys’ fees) suffered or incurred by you as a direct or indirect result of your use of any such suggestions, recommendations or other information. The ManyBuild™ Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY MANYBUILD™ (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MANYBUILD™ AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS MANYBUILD™ PLATFORM. MANYBUILD™ AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE MANYBUILD™ PLATFORM.
You acknowledge and agree that ManyBuild™ is only willing to provide the ManyBuild™ Platform if you agree to certain limitations of our liability to you and third parties.
Therefore, you agree not to hold ManyBuild™ and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the ManyBuild™ Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by ManyBuild™ and Affiliates and any destruction of your User Generated Content.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE MANYBUILD™ PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO MANYBUILD™ IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL MANYBUILD™ AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE MANYBUILD™ AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MANYBUILD, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE MANYBUILD™ PLATFORM OR THE PROJECT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MANYBUILD™ AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MANYBUILD™ (IF YOU ARE A CLIENT) OR TOTAL PROJECT PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A BUILDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MANYBUILD™ PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE MANYBUILD™ IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE CONSTRUCTION AGREEMENT BETWEEN USERS OR IN THE COMPLETION OF THE CONSTRUCTION SERVICES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE MANYBUILD™ AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF COLORADO CIVIL CODE (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend, and hold harmless ManyBuild™ and Affiliates from and against any and all claims, Liabilities, damages (actual and consequential, losses and expenses (including but not limited to attorneys’ fees) arising from or in any way related to any claims or incurred in connection with (a) your use of the Services (including any actions taken by a third party using your account), (b) your use or inability to use, or your participation on, the ManyBuild™ Platform; (c) your participation in Projects, or your ability or inability to perform or obtain the performance of Projects or to receive payment therefore; (d) your breach or violation of this Agreement; (e) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). (f) your violation of any law, or the rights of any User or third party; (g) your failure to abide by your representations and warranties; (h) any content submitted by you or using your account to the ManyBuild™ Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (i) if you are a Client, the acts or omissions of any Client’s Agents. ManyBuild™ reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of ManyBuild.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ManyBuild™'s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ):
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between ManyBuild™ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ManyBuild, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and ManyBuild™ acknowledge that, as between ManyBuild™ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and ManyBuild™ acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between ManyBuild™ and Apple, ManyBuild™ (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.
You and ManyBuild™ acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.
Failure by ManyBuild™ to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and ManyBuild™ with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A. However, this Agreement does not supersede other agreements about other subject matter that you may have with ManyBuild, such as the IKEA Assembly Category Terms and Conditions. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 28A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) ManyBuild™ shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace ManyBuild™ for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of ManyBuild, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the ManyBuild™ Platform.
Builders alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Projects. Indeed, certain types of Projects and services may be prohibited altogether, and it is the responsibility of Builders to avoid such prohibited Projects and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Projects and services on the ManyBuild™ Platform, you should first seek appropriate legal guidance.
Because ManyBuild™ does not supervise, scope, direct, control, or monitor a Builder’s work or performance of Projects, Clients must determine for themselves whether a Builder has the skills and qualifications necessary to perform the specific Project at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Projects are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Builder any specific hazards, obstacles, or impediments in the Project location (both visible and concealed) that may impact the performance of the Project.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the ManyBuild™ may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ManyBuild™ agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ManyBuild™, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ManyBuild™, and you do not have any authority of any kind to bind ManyBuild™ in any respect whatsoever.
Except as expressly set forth in the arbitration agreement, you and ManyBuild™ agree there are no third-party beneficiaries intended under these Terms.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
Important information about procedures for using our services under the USA PATRIOT Act of 2001: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you use our services, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a form of identification with your photograph or other identifying documents.
By using the ManyBuild™ Platform, you agree to transact electronically through the ManyBuild™ Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
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