These Terms and Conditions (“Terms”) govern your access to and use of the website at projectexpress.com and related services (the “Services”) operated by Project Express (“Project Express,” “we,” “us,” or “our”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Overview of the Service
Project Express is an online marketplace that connects homeowners and property owners (“Homeowners”) with independent contractors and service providers (“Pros”). Homeowners may post projects at no cost and receive quotes; Pros may create listings and submit quotes, subject to a membership plan.
Project Express is a venue only. We are not a contractor, home-improvement company, or party to any agreement between Homeowners and Pros. We do not perform, supervise, guarantee, or warrant any work, and we do not employ Pros. Any contract for services is solely between the Homeowner and the Pro.
2. Eligibility and Accounts
- You must be at least 18 years old and able to form a binding contract to use the Services.
- You agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- Pros represent that they hold all licenses, registrations, insurance, and permits required by law to perform the services they offer, and will keep this information accurate. Project Express does not independently guarantee the accuracy of any license or credential shown on the platform.
3. Homeowner Terms
- Posting a project and receiving quotes is free for Homeowners.
- You are responsible for evaluating, selecting, and contracting with any Pro. We encourage you to verify licenses, insurance, references, and reviews independently before hiring.
- You are responsible for the accuracy of the project details you submit and for your own conduct and communications with Pros.
4. Pro Terms and Memberships
- Pros may list in the directory for free. Submitting quotes (“bids”) requires a paid membership plan. Current plans and bid allowances are described on the Services and may change.
- Paid memberships are billed on a recurring basis (monthly or annually) through our third-party payment processor. By subscribing, you authorize recurring charges until you cancel.
- Free trials, where offered, convert to paid subscriptions unless canceled before the trial ends.
- Bid allowances reset each billing period and do not roll over unless expressly stated.
- You may cancel at any time; cancellation stops future renewals. Except where required by law, fees already paid are non-refundable and access continues through the end of the current billing period.
- We may change plan features, bid limits, and pricing on prospective notice. Continued use after a change takes effect constitutes acceptance.
5. Payments
Payments are processed by Stripe. By providing payment information, you agree to their terms and authorize us and the processor to charge the applicable fees. You are responsible for any taxes associated with your purchases. If a payment fails, we may suspend or downgrade your membership.
6. Reviews, Ratings, and Content
- Users may post reviews, ratings, messages, project details, photos, and other content (“User Content”).
- You retain ownership of your User Content but grant Project Express a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and use it to operate and promote the Services.
- You represent that you have the rights to the content you post and that it is accurate and not misleading, defamatory, or unlawful.
- We may, but are not obligated to, moderate, edit, or remove User Content that violates these Terms.
7. Prohibited Conduct
You agree not to:
- Violate any law or the rights of others;
- Post false, misleading, fraudulent, defamatory, or infringing content;
- Circumvent membership requirements or fees, or manipulate reviews or bids;
- Harass, threaten, or discriminate against other users;
- Scrape, harvest, or collect other users’ information except as needed to transact through the Services;
- Introduce malware, attempt to gain unauthorized access, or interfere with the Services;
- Use the Services to solicit business unrelated to the platform’s purpose.
8. Dispute Resolution Between Users
Disputes about work quality, payment, or performance are between the Homeowner and the Pro. Project Express may offer optional dispute-assistance or mediation services, which may be free (for on-platform transactions) or offered for a fee (for off-platform matters), as described on the Services. Any assistance we provide is a convenience only; we are not an arbitrator, and our involvement does not make us a party to the underlying agreement or liable for its outcome.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PROJECT EXPRESS DOES NOT WARRANT THE QUALIFICATIONS, LICENSING, WORK QUALITY, SAFETY, TIMELINESS, OR CONDUCT OF ANY PRO OR HOMEOWNER, OR THE ACCURACY OF ANY LISTING, QUOTE, REVIEW, OR USER CONTENT. YOU USE THE SERVICES AND ENGAGE OTHER USERS AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROJECT EXPRESS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PROPERTY, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY TRANSACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Project Express and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your User Content, your violation of these Terms, or your dealings or agreements with other users.
12. Intellectual Property
The Services, including the Project Express name, logo, and all associated content and software, are owned by Project Express or its licensors and are protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works without our prior written permission.
13. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. [OPTIONAL ARBITRATION CLAUSE — discuss with your attorney:] Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration in San Mateo County, California, except that either party may bring claims in small-claims court. You and Project Express waive the right to a jury trial and to participate in a class action, to the extent permitted by law.
15. Changes to These Terms
We may update these Terms from time to time. We will post the updated version with a new “Last Updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance.
16. Miscellaneous
- These Terms, together with our Privacy Policy, are the entire agreement between you and Project Express regarding the Services.
- If any provision is found unenforceable, the remaining provisions remain in effect.
- Our failure to enforce any provision is not a waiver.
- You may not assign these Terms without our consent; we may assign them in connection with a business transfer.