Last updated April, 2022.
Welcome to Matriarchy Build. We provide online community, content, and a marketplace for DIY, home improvement, and renovation through our website at www.matriarchybuild.com (collectively, the “Services”). These Terms form a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Matriarchy Build, Inc. (“Matriarchy Build,” “we,” or “us”). By accessing the Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree, you may not use the Services.
THESE TERMS HAVE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER PROVISION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
- The Services; Working with Pros
We provide a place to find, review, and connect with others online about home renovation. We do not provide contractor or onsite home improvement services directly, nor do we endorse the work of any one user or Pro. We are not liable for any work, payment, or any other source of liability between or among users, whether Pro or generally.
The Services may allow you to interact with Pros, who may offer their services and consultation through our site. While we may consider experience levels and other aspects of Pros on our site and allow Pros and users to profile their work, we do not check and are not responsible for the license statuses, regulatory or other compliance, identity, or background of Pros or users. We are not a party to any agreements you may separately enter into with another user or a Pro.
If you are a Pro, these Terms apply to you, as well as the Special Terms for Pro Members (item 22 below),
We may also allow the posting of reviews or commentary. We have no obligation to screen or to delete reviews, nor do we endorse or have any liability for anything they say.
- Updates to these Terms
We reserve the right to modify these Terms. We will let you know of changes by updating the “Last Updated” date above. Using the Services after we post an update means you accept the changes. We might also post and make you aware of additional terms, such as Community Guidelines, on the Services from time to time. Those additional terms are incorporated by reference to this Agreement.
- Intellectual Property Rights; Our License to You
Unless otherwise expressly indicated, the Services and Content are our intellectual property. Materials, text, graphics, code, databases, functionality, software, designs, audio, and video on the Services (“Content”) and trademarks, service marks, and logos (the “Marks”) are owned and controlled by us and/or licensed to us by others. We reserve all rights. Except as expressly provided, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you are eligible to use the Services and subject to your compliance with these Terms, we grant you a limited license to access and use the Services and to download or print a copy of any portion of the Content for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.
- Account & Registration
We may require you to register with or create an account to use some of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. In creating and using the Services and/or your account, you represent and warrant that:
- You will submit only true, accurate, current, and complete account information;
- You’ll keep the information current and accurate as necessary;
- You are legally able to and do agree to comply with these Terms;
- You are age 18 or older and not a minor in the jurisdiction in which you reside
- You won’t use the Services for any illegal or unauthorized purpose; and
- You will not use the Services to violate or in a way that violates any applicable law or regulation.
If you violate these restrictions or otherwise violate these Terms, we have the right to suspend or terminate your account and refuse any current or future use of the Services or any portion of them.
You agree not to:
- Upload inappropriate, harassing, or objectionable content;
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services for any unlawful purpose or as prohibited by these Terms;
- Damage, disable, overburden, interfere with, or impair the Services;
- Attempt to gain unauthorized access to the Services or other users’ accounts or game or attempt to game the Services for any reason;
- Use any robot or other automated means to access the Services without our express written permission, or bypass or disable any access, copyright protections, or security measures;
- Engage in fraud, deceit, impersonation, or false or deceptive advertising or marketing;
- Modify, adapt, translate or create derivative works based upon any of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except to the extent expressly permitted by applicable law notwithstanding this limitation;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer any of the Services to any third party or similar services for any third party; or use the Services for any purpose other than your own internal business or personal use;
- Access the Services if you are a direct competitor of ours, except with our prior written consent, or for any other competitive purposes;
- Introduce viruses, Trojan horses, spyware, or any other elements that could interrupt or harm us or the Services;
- use the Services to advertise or offer goods and services other than as provided through the Services;
- use any information obtained from the Services in order to harass, abuse, or harm another person;
- harass, annoy, intimidate, disparage, or threaten any of our users, employees or agents, or engage in activities that encourage others to do so, e.g., brigading; or
- delete copyright or other proprietary rights notice from any Content.
Using the Services in a way that violates these Guidelines or other parts of the Terms may result in, among other things, us terminating or suspending your ability to use the Services and/or legal action.
- Your Contributions
The Services may offer chat or message boards, online forums, direct messages, and other functionality. You might also be able to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials through the Services, like text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material – in many forms like profile pictures of a space, featured pages, inspiration, Pro pages, and reviews (all the things you post or upload are “Contributions”).
You own and retain full ownership of your Contributions and any intellectual property in it. While we do not assert any ownership over Contributions, when you create or make available Contributions, you automatically grant, and affirm that you have the right to grant, to us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, store, cache, perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute Contributions (including where applicable your image and voice). This is for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions. The use and distribution may occur in any media formats and through any media channels for all time. This license includes our use of your name and any of trademarks. You waive moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. Depending on where you post, we may make your Contributions viewable by other users of the Services and through third-party websites and in other media.
As to your Contributions, you represent and warrant that:
- your Contributions do not and will not infringe the proprietary and intellectual property rights of others, including their copyright, patent, trademark, trade secret, or moral rights
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions do not violate these Terms, for example, because they violate others’ copyrights, or are harassing or libelous, violate the privacy or publicity rights of any third party, or violate the law, or in each case link to material that does so.
You are solely responsible for your Contributions. You grant us the right (1) to edit, redact, or otherwise change any Contributions; (2) to post Contributions in other locations within and beyond the Services; and (3) to pre-screen or delete Contributions anytime and for any reason, without notice.
Note that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services that you submit to us (“Feedback”) are non-confidential and become our sole property. We own exclusive rights, including all intellectual property rights, to the Feedback, and can use and disseminate it for any purpose without acknowledgment or compensation to you.
- Third-Party Account Linking; Third-Party Services; Advertising
We may offer you the ability to link third-party accounts logging into our Services through third-party Services or otherwise integrating your accounts with others’ services. By using such integrations you agree that we may access, make available, and store (if applicable) any content or contacts that you share with us through such integrations. Depending on the accounts you integrate and their privacy settings, content from those accounts may be available on and through your account on the Services. You may deactivate the connection between your account on the Services and your Third-Party Accounts at any time. We are not a party to your relationship with such third parties, and their terms of service and privacy policies apply to the data you share with them.
We might also link out to other sites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for and do not endorse Third-Party Websites and Third-Party Content or any of their offerings.
We allow advertisements. If you are an advertiser, Pro, or other provider, you take full responsibility for any advertisements you place on the Services and any services you provide or products you sell through the Services or to users of them.
- Service Changes and Management of the Services
We have the right, but not the obligation, to (1) monitor the Services; (2) take legal action against anyone who, in our discretion, violates the law or these Terms; (3) limit the availability of or disable Contributions or the Services; (4) manage, change, or discontinue the Services or remove any Content or Contributions from them, in each case at any time and for any reason at our discretion and without notice.
We have no obligation to update any of our Services or information within them. Prices and services may change. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. The Services may not be always available and quantities or offerings from Pros or others may be limited. We may experience problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services. The Services might have typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
- Privacy and Data
We will maintain certain data that you transmit to the Services for the purpose of managing the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Also, the Services may request consent to obtain and use your device’s geolocation. When you provide a phone number to us, you consent to receive text messages (including text messages sent via an automatic telephone dialing system) at that phone number. You can opt out of receiving text messages anytime by contacting supporting @matriarchybuild.com.
We respect the intellectual property rights of others. If you believe that your copyright has been infringed by a third party on our Services, then please follow this take-down procedure. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). To be effective, your notice of an infringement claim must be signed by you and otherwise comply with the detailed requirements set forth in the DMCA including that you have a good faith belief that your content is infringed. We encourage you to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. To send us a DMCA notification of alleged infringement of intellectual property rights, contact our Designated Agent at:
Attn: Copyright Agent
Matriarchy Build, Inc.
2404 Ware Rd.
Austin, TX 78741
When we receive a notice of claimed infringement, we will follow the procedures outlined in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue and may issue a counter notification to you.
- Term and Termination
These Terms and Conditions remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking IP addresses), to any person for any reason. We may terminate your use or participation in the services or delete any content or information at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Governing Law; Prohibited Jurisdictions
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
The Services are not for distribution in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- Disputes; Arbitration
THIS SECTION HAS A MANDATORY AND BINDING ARBITRATION PROVISION. READ IT CAREFULLY.
If you have a dispute with us, you agree to first try to resolve it by contacting us at firstname.lastname@example.org. If we are unable to come to a resolution directly, any dispute or claim by you relating in any way to the Services or these Terms will be resolved by binding arbitration, rather than in courts, unless your claim qualifies for small claims court or a proceeding commenced by either party seeking an injunction, a restraining order, or any other equitable remedy. This arbitration agreement is governed by the Federal Arbitration Act (FAA).
To initiate arbitration, you can (or we can) demand that the dispute be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules available at www.adr.org. If AAA is unavailable, and if you and Matriarchy Build cannot agree on a substitute, then either you or Matriarchy Build may request that a court appoint a substitute. The rules in this arbitration agreement will be followed if there is a disagreement between the agreement and the arbitration forum’s procedures. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Any such arbitration must be conducted by one arbitrator and must be conducted in Austin, Texas, or another mutually agreed location.
- Class Waiver & Waiver of Jury Trial
YOU AND MATRIARCHY BUILD MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS THEY ARISE FROM THE SAME TRANSACTION.
YOU AND MATRIARCHY BUILD HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THE SERVICES OR THESE TERMS.
- DISCLAIMER AND INJURY WAIVER
THROUGH THE SERVICES, YOU MAY RECEIVE SUPPORT, VIDEOS, GUIDANCE AND OTHER COMMUNICATIONS RELATED TO HOME IMPROVEMENT. HOME IMPROVEMENT AND CONSTRUCTION ARE REAL-WORLD ACTIVITIES WITH REAL-WORLD RISKS. YOU UNDERSTAND THOSE RISKS AND THE POSSIBILITY OF HARM OR INJURY AND THAT WE ARE NOT RESPONSIBLE FOR THAT RISK AS OUTLINED IN THIS AGREEMENT.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES AND ACTIONS YOU TAKE RELATED TO THEM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, OTHER USERS, PROS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE (AND OTHER USERS OR PROS WITH WHOM YOU MAY INTERACT ON THE SERVICES AND/OR AGAINST WHOM YOU SEEK TO MAKE A CLAIM BASED ON THE SERVICES) WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS WITHIN OR LINKED FROM THE SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY INCLUDING ANY PROS OR NON PRO USERS THROUGH THE SERVICES.
- LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS OUR AND PROS’ LIABILITY TO YOU. IN NO EVENT WILL WE OR OUR EMPLOYEES, DIRECTORS, AGENTS, OR PROS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, DATA LOSS, LOST PROFIT, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR LIABILITY TO YOU (AND OUR PROS LIABILITY TO YOU ARISING FROM THE SERVICES) FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100. YOU UNDERSTAND THAT WHERE YOU INTERACT WITH PROS THROUGH THE SERVICES (FOR EXAMPLE, IF YOU HAVE A VIDEO CALL), THEIR LIABILITY TO YOU IS LIMITED BY THIS PROVISION.
IF YOUR STATE DOES NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(15) Injury waiver. Through this site and its support team, Matriarchy Build offers instructions and guidance for home improvement projects. You acknowledge home improvement involves inherent risks, dangers and hazards which may result in injury, including death. You agree to indemnify and hold harmless Matriarchy Build from and against any and all claims for personal injuries or damages of any kind arising from use of its products and services. You should use your best judgment and exercise caution where appropriate. Your use of this Site and any other education provided by Matriarchy Build are entirely at your own risk.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms and/or the representations and warranties set forth in them; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services or with whom you connected via the Services (collectively, “Claims”). The preceding indemnity obligation on you also applies to Pros to the extent that Claims arise from interactions with Pros on or through the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- California users and residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
- Website Accessibility Notice
While we strive to adhere to the accepted guidelines and standards for accessibility and usability, some of our pages may not be compliant with Web Content Accessibility Guidelines (WCAG) as published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C).
If, because of a disability, you are unable to access our Service, have questions related to the accessibility of our Service, and/or would like to report barriers to accessing our Service or request a transcribed copy or assistance reading it, please email email@example.com.
These Terms (and any policies or operating rules posted by us on the Services as noted) constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.
- Contact Us
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Matriarchy Build, Inc.
2404 Ware Rd.
Austin, TX 78741-5719
- Special Terms for Pros
By registering or using the Services to offer, post, or provide services, Pros represent and warrant that they, and their employees, agents, contractors, and subcontractors or anyone else who may be involved in their provision of services through Matriarchy Build, follow the laws and regulations they are subject to, wherever they offer their Pro services and in relation to the specific job or user interaction they are having through the Services. That includes being fully qualified and experienced, as well as being licensed, certified, bonded, and insured, as required. Pros also specifically agree to comply with privacy laws like the California Consumer Privacy Act if it applies to them, in their use any personal information obtained through us.
Pros understand and agree that by using the Services, they receive only the ability to use the Services to access and communicate with users. For example, non-Pro users may use the Platform to intentionally interact with Pros.
Pros understand and agree that they are users of Matriarchy Build, and not employees, partners, joint venturers, or agents. Pros set or confirm their own prices and determine their own work schedule, and Matriarchy Build does not control their schedule or when or how they interact on the Services once connected with interested users.
Portions of these terms were created using Termly.