1.01 These Website Terms and Conditions (“Terms”) constitute a legally binding agreement between Build Matcher LLC, a Florida limited liability company, together with its affiliates, subsidiaries, successors, assigns, officers, directors, employees, contractors, service providers, and representatives (collectively, “BuildMatcher,” “Company,” “we,” “us,” or “our”), and each individual, business entity, homeowner, customer, contractor, visitor, account holder, or other person accessing or using the BuildMatcher website, applications, digital interfaces, communication tools, marketplace technology, and related services (collectively, the “Platform”). These Terms establish the contractual framework governing access to and use of the Platform, including all marketplace functionality, account features, communications systems, technology infrastructure, and related services made available by BuildMatcher. By accessing, browsing, registering for, or otherwise using the Platform, you acknowledge that you have reviewed, understood, and agreed to be legally bound by these Terms. If you do not accept these Terms in their entirety, you are prohibited from accessing or utilizing the Platform. These Terms shall apply regardless of whether you access the Platform as a registered user, prospective customer, contractor, visitor, or any other permitted user category.
1.02 BuildMatcher operates a technology-enabled marketplace designed to facilitate connections between homeowners seeking services and independent contractors seeking potential business opportunities. The Platform provides digital tools intended to streamline contractor discovery, communication, lead generation, verification processes, and marketplace interactions. BuildMatcher does not provide construction, repair, renovation, maintenance, installation, inspection, consulting, engineering, architectural, or other contractor services through the Platform. BuildMatcher is not a general contractor, subcontractor, employment agency, staffing company, construction manager, broker, fiduciary, agent, or representative of any customer or contractor using the Platform. Any agreement for services, pricing, project scope, payment terms, warranties, representations, or performance obligations exists solely between the customer and the independent contractor.
1.03 Users expressly acknowledge and agree that BuildMatcher provides only a technology marketplace and communication platform and does not participate in, supervise, control, direct, or guarantee transactions between customers and contractors. Contractors utilizing the Platform operate independently and maintain sole responsibility for their business operations, licensing compliance, insurance obligations, qualifications, employees, subcontractors, workmanship, pricing, scheduling, and customer relationships. Customers remain solely responsible for evaluating contractors, reviewing qualifications, confirming licensing requirements, obtaining estimates, negotiating agreements, and determining whether to engage any contractor. BuildMatcher’s role is limited to facilitating access to marketplace technology and providing tools designed to assist users in making informed decisions. No provision of these Terms shall be interpreted as creating a partnership, joint venture, employment relationship, franchise relationship, agency relationship, fiduciary relationship, or other legal association between BuildMatcher and any user.
1.04 BuildMatcher may utilize technology-driven processes, automated systems, administrative review procedures, identity verification providers, analytics tools, and other digital solutions to improve marketplace integrity and user experience. Users understand and acknowledge that technology-based screening, verification, ranking, matching, recommendation, or administrative review processes are intended only as marketplace assistance mechanisms and do not constitute an endorsement, certification, warranty, guarantee, or representation regarding any contractor, customer, service provider, project outcome, or transaction. BuildMatcher does not guarantee that any contractor will respond to a customer request, that any customer will hire a contractor, or that any project will be completed successfully. Users remain responsible for independently evaluating all information and making their own decisions regarding any potential business relationship.
2.01 Access to certain Platform features may require users to create an account and provide accurate registration information, including but not limited to name, business information, contact information, trade information, service areas, licensing information, verification materials, or other information reasonably requested by BuildMatcher. Users represent and warrant that all information submitted during registration, onboarding, verification, or Platform use is truthful, complete, accurate, and maintained in a current manner. Users shall promptly update account information when material changes occur that may affect Platform participation, communications, eligibility, verification status, or marketplace interactions. BuildMatcher reserves the right to request additional information or documentation at any time to verify account accuracy, protect Platform integrity, or comply with applicable legal obligations. Submission of inaccurate, incomplete, fraudulent, or misleading information may result in account restriction, suspension, or termination. The user represents that they are at least 18 years of age and able to enter a binding contract.
2.02 Each user is responsible for maintaining the confidentiality and security of account credentials, authentication information, login credentials, and all activity conducted through the user’s account. Users shall implement reasonable security measures to prevent unauthorized access, misuse, disclosure, or compromise of account information. Users must immediately notify BuildMatcher if they suspect unauthorized access, fraudulent activity, security compromise, or misuse involving their account. BuildMatcher shall not be responsible for losses, damages, unauthorized transactions, or consequences arising from a user’s failure to maintain appropriate account security. Users acknowledge that electronic systems involve inherent risks and agree to take reasonable precautions when accessing and using the Platform.
3.01 Users may access and utilize the Platform solely for legitimate marketplace purposes consistent with these Terms and all applicable laws, regulations, ordinances, and industry requirements. Customers may use the Platform to submit project requests, identify potential contractors, communicate regarding potential services, and evaluate available marketplace options. Contractors may use the Platform to create professional profiles, identify potential business opportunities, respond to customer requests, and participate in BuildMatcher marketplace activities. Users shall not utilize the Platform for unrelated commercial exploitation, unauthorized solicitation, fraudulent activity, data harvesting, or any purpose inconsistent with BuildMatcher’s intended marketplace functions. BuildMatcher reserves the right to determine whether any use of the Platform violates these Terms or threatens marketplace safety, security, or integrity.
3.02 Users are prohibited from engaging in any activity that compromises the operation, security, reliability, or reputation of the Platform. Prohibited conduct includes, without limitation, unauthorized access attempts, reverse engineering, interference with Platform systems, transmission of malicious code, manipulation of marketplace data, fraudulent reviews, impersonation, harassment, unlawful discrimination, deceptive representations, misuse of verification information, or attempts to circumvent Platform fees or payment obligations. Users shall not copy, reproduce, extract, scrape, distribute, sell, license, or commercially exploit Platform data or technology without prior written authorization from BuildMatcher. Any violation of these restrictions may result in immediate suspension or termination and may subject the violating party to legal remedies available under applicable law.
4.01 All rights, title, and interest in and to the Platform, including all software, source code, object code, databases, algorithms, interfaces, designs, trademarks, service marks, logos, documentation, business processes, proprietary systems, marketplace technology, and related intellectual property, are owned by or licensed to BuildMatcher. The Platform constitutes proprietary technology protected under applicable intellectual property, trade secret, copyright, trademark, and other laws. Except as expressly authorized under these Terms, users receive no ownership rights, licenses, or interests in any BuildMatcher intellectual property. Users shall not modify, reproduce, distribute, reverse engineer, create derivative works from, or otherwise exploit BuildMatcher technology without prior written authorization.
4.02 Any unauthorized use of BuildMatcher intellectual property, including misuse of trademarks, copying of marketplace functionality, extraction of proprietary information, or exploitation of Platform technology, may cause substantial harm to BuildMatcher. BuildMatcher expressly reserves all rights and remedies available under applicable law, including injunctive relief, damages, recovery of attorneys’ fees where permitted, and other equitable remedies. Users acknowledge that monetary damages may be insufficient to remedy unauthorized use of proprietary technology. Accordingly, BuildMatcher may seek immediate judicial relief to protect its intellectual property interests.
5.01 The Platform may allow users to submit, upload, publish, transmit, store, or otherwise provide information, materials, communications, photographs, reviews, ratings, contractor profiles, project descriptions, documents, verification materials, and other content through BuildMatcher technology systems (collectively, “User Content”). Users retain ownership of their respective User Content; however, by submitting User Content through the Platform, each user grants BuildMatcher a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to access, host, store, reproduce, process, analyze, transmit, display, distribute, and otherwise use such User Content solely as reasonably necessary to operate, maintain, secure, improve, develop, and provide the Platform and related marketplace services. This license includes the right for BuildMatcher to utilize User Content for administrative review, fraud prevention, marketplace optimization, customer support, system improvement, and compliance purposes. Users acknowledge that certain User Content may be visible to other users as part of marketplace functionality, including contractor profiles, reviews, ratings, service descriptions, and customer-submitted project information.
5.02 Each user represents and warrants that all User Content submitted through the Platform is accurate to the best of the user’s knowledge and does not violate any applicable law, contractual obligation, intellectual property right, privacy right, confidentiality obligation, or third-party interest. Users shall not submit content that is fraudulent, deceptive, defamatory, harassing, discriminatory, threatening, unlawful, malicious, or intended to manipulate marketplace activity. Users remain solely responsible for the accuracy, legality, and appropriateness of all User Content submitted through their accounts. BuildMatcher does not independently verify all User Content and does not assume responsibility for statements, representations, opinions, reviews, or materials provided by users. BuildMatcher reserves all rights to remove, restrict, preserve, investigate, or disclose User Content when reasonably necessary to protect users, comply with legal obligations, enforce these Terms, or maintain Platform integrity.
5.03 BuildMatcher may provide customers and contractors with tools to submit reviews, ratings, feedback, comments, and marketplace experience information. Reviews and ratings are intended to promote transparency and assist users in evaluating potential marketplace relationships; however, users acknowledge that reviews represent individual opinions and experiences rather than statements or guarantees made by BuildMatcher. Users submitting reviews must provide truthful information based on actual interactions and may not submit fabricated reviews, incentivized false reviews, retaliatory reviews, misleading statements, confidential information, or content designed to unfairly damage another user’s reputation. BuildMatcher may establish reasonable moderation procedures to evaluate whether reviews comply with marketplace standards and applicable law. Only a customer connected to a completed BuildMatcher Job may leave a review.
5.04 BuildMatcher reserves the right, but assumes no obligation, to monitor, moderate, edit, remove, restrict visibility of, or refuse publication of any review or User Content that violates these Terms or presents potential legal, safety, security, or marketplace integrity concerns. BuildMatcher’s review moderation activities do not create any obligation to investigate every complaint or determine the truthfulness of every statement submitted by users. Users acknowledge that marketplace moderation decisions may be made through a combination of automated technology systems, administrative review, and internal policies. BuildMatcher shall not be liable for decisions regarding publication, removal, ranking, visibility, or availability of user-submitted content.
5.05 By accessing or using the Platform, users consent to receive electronic communications from BuildMatcher relating to account administration, verification processes, marketplace activity, security notifications, policy updates, service announcements, and other operational matters. Such communications may be delivered through email, text message, push notification, in-platform messaging, or other electronic communication methods associated with the user’s account. Users acknowledge that electronic communications satisfy any legal requirement that such communications be provided in writing to the extent permitted by applicable law. Users are responsible for maintaining accurate contact information and ensuring that communications from BuildMatcher can be received.
5.06 BuildMatcher may also provide users with promotional communications, marketing information, educational materials, product announcements, marketplace updates, and other commercial communications where permitted by applicable law. Users may manage certain communication preferences through available Platform settings or legally required opt-out mechanisms. Users acknowledge that opting out of promotional communications does not prevent BuildMatcher from sending transactional, security-related, account-related, or legally required communications. BuildMatcher may use third-party communication providers and technology vendors to facilitate electronic communications in accordance with applicable privacy and security requirements.
5.07 SMS/Text Message Consent. By providing a telephone number and opting in to receive text messages from BuildMatcher, Customers and Contractors consent to receive SMS/text communications regarding Platform activity, account updates, notifications, and marketplace-related communications. Message frequency may vary, message and data rates may apply, and users may opt out at any time by replying “STOP” or following provided opt-out instructions; consent is not a condition of purchasing goods or services.
6.01 BuildMatcher reserves the right to suspend, restrict, disable, terminate, or otherwise limit any user account or Platform access when BuildMatcher reasonably determines that such action is necessary to protect the Platform, users, business operations, technology systems, legal interests, or marketplace integrity. Grounds for account restriction may include, without limitation, violation of these Terms, inaccurate information, fraudulent conduct, misuse of verification processes, attempts to circumvent Platform fees, abusive behavior, security concerns, legal compliance requirements, or conduct inconsistent with BuildMatcher policies. BuildMatcher may take such action immediately when reasonably necessary to prevent harm or preserve Platform functionality. Suspension or termination decisions may be based on automated detection systems, administrative review, user reports, third-party information, or other available information.
6.02 A suspended or terminated user shall immediately cease all unauthorized access to or use of the Platform. Termination shall not relieve any user of obligations, liabilities, payment responsibilities, indemnification obligations, intellectual property restrictions, or other provisions that by their nature survive termination. BuildMatcher may retain certain account information, records, communications, verification records, transaction history, or other information as necessary for legal compliance, dispute resolution, security purposes, fraud prevention, or legitimate business purposes. Users acknowledge that termination of access may result in the loss of Platform functionality, stored information, marketplace opportunities, or account privileges.
6.03 BuildMatcher may investigate suspected violations of these Terms, applicable laws, marketplace standards, or user complaints through internal review procedures, technology-assisted monitoring systems, third-party verification services, or other reasonable investigative methods. Users agree to cooperate with reasonable requests for information necessary to evaluate suspected misconduct, security incidents, fraudulent activity, or compliance concerns. BuildMatcher shall have no obligation to disclose confidential investigative methods, proprietary systems, internal enforcement criteria, or information protected by privacy, security, or legal obligations. BuildMatcher’s failure to immediately enforce any provision of these Terms shall not constitute a waiver of future enforcement rights.
7.01 Users expressly acknowledge that BuildMatcher operates solely as a technology marketplace platform and does not provide, perform, supervise, inspect, approve, guarantee, or warrant any contractor services, customer projects, business transactions, or marketplace outcomes. BuildMatcher does not guarantee contractor availability, responsiveness, pricing, qualifications, licensing status, insurance coverage, workmanship, project completion, customer satisfaction, or compliance with applicable laws. Any contractor information, credentials, profiles, reviews, ratings, verification indicators, or marketplace information displayed through the Platform are provided solely to facilitate user decision-making and do not constitute an endorsement, certification, recommendation, or warranty by BuildMatcher. Users remain solely responsible for conducting independent due diligence before entering into any agreement or transaction.
7.02 THE PLATFORM AND ALL SERVICES PROVIDED BY BUILDMATCHER ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITHOUT WARRANTY” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. BUILDMATCHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, PERFORMANCE, AND RESULTS. BUILDMATCHER DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, FREE FROM DEFECTS, OR CAPABLE OF PRODUCING ANY PARTICULAR BUSINESS RESULT. USERS ACCEPT ALL RISKS ASSOCIATED WITH PLATFORM USE AND MARKETPLACE INTERACTIONS.
7.03 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDMATCHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, USER CONTENT, COMMUNICATIONS, CONTRACTOR SERVICES, CUSTOMER INTERACTIONS, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, PROPERTY DAMAGE, PERSONAL INJURY, DATA LOSS, OR RELIANCE UPON PLATFORM INFORMATION. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BUILDMATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS ACKNOWLEDGE THAT THE PLATFORM FEES AND MARKETPLACE MODEL REFLECT THE ALLOCATION OF RISK ESTABLISHED UNDER THESE TERMS.
7.04 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDMATCHER’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY CLAIM AGAINST BUILDMATCHER SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY THE USER TO BUILDMATCHER DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). Certain jurisdictions may impose limitations on liability exclusions, and any limitation contained herein shall apply only to the maximum extent permitted by applicable law. Users acknowledge that these limitations are an essential element of the agreement between the parties.
7.05 Each user agrees to defend, indemnify, and hold harmless BuildMatcher and its owners, officers, directors, employees, contractors, affiliates, representatives, technology providers, successors, and assigns from and against any claims, demands, actions, liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to the user’s access to or use of the Platform, breach of these Terms, violation of applicable law, User Content, communications, interactions with other users, contractor services, customer disputes, or misuse of Platform functionality. BuildMatcher reserves the right to assume exclusive control of the defense of any matter subject to indemnification, and users agree to reasonably cooperate with such defense. Users shall not settle any indemnified claim without BuildMatcher’s prior written consent when such settlement imposes obligations upon BuildMatcher.
8.01 These Terms, the relationship between BuildMatcher and each user, and any dispute, claim, controversy, or legal proceeding arising from or relating to the Platform shall be governed by and interpreted exclusively under the laws of the State of Florida, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws. The parties acknowledge that BuildMatcher is a Florida-focused marketplace platform and that Florida law provides the appropriate legal framework for interpretation, enforcement, and resolution of disputes arising from Platform use. Any statutory references, regulatory requirements, or legal standards applicable to these Terms shall be interpreted consistent with applicable Florida and United States federal law. Nothing contained herein shall prevent BuildMatcher from seeking enforcement of intellectual property rights, emergency injunctive relief, or other equitable remedies in any court of competent jurisdiction.
8.02 Each user irrevocably consents to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Florida for any action, claim, or proceeding arising from or relating to these Terms, the Platform, or any relationship with BuildMatcher. Users waive any objection based upon improper venue, inconvenient forum, lack of personal jurisdiction, or similar procedural defenses to the fullest extent permitted by applicable law. The parties agree that any judicial proceeding shall be conducted in a forum reasonably connected to BuildMatcher’s principal operations or the underlying dispute. This provision shall survive termination, suspension, or expiration of a user’s account or Platform access.
8.03 Before initiating any formal legal proceeding against BuildMatcher, Users agree to provide written notice describing the nature of the dispute, the factual basis supporting the claim, the relief requested, and sufficient information to allow BuildMatcher an opportunity to evaluate and resolve the matter. Such notice shall be provided through BuildMatcher’s official communication channels, including email at info@buildmatcher.com or by mail to BuildMatcher, 7901 4th St N, STE 300, St. Petersburg, FL 33702, or through any legally recognized method of service. BuildMatcher may request additional information reasonably necessary to investigate the dispute and determine whether an informal resolution is possible. Nothing contained herein shall prevent BuildMatcher from pursuing immediate legal remedies when necessary to protect its intellectual property, confidential information, technology systems, business operations, or users.
8.04 The parties acknowledge that informal dispute resolution procedures are intended to promote efficient communication, reduce unnecessary litigation costs, and provide an opportunity for good-faith resolution before formal proceedings. Participation in informal resolution efforts does not constitute a waiver of any rights, defenses, claims, or remedies available under applicable law. If the parties are unable to resolve the dispute through reasonable efforts, either party may pursue available legal remedies consistent with these Terms and applicable law. The existence or outcome of informal discussions shall remain confidential unless disclosure is required by law or agreed upon in writing.
8.05 Dispute Resolution; Binding Arbitration and Class Action Waiver. Any dispute, claim, or controversy arising out of or relating to the Platform, these Terms, or the relationship between BuildMatcher and any User shall be resolved exclusively through confidential, binding arbitration administered by a recognized arbitration provider under its applicable rules, except that BuildMatcher may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, technology systems, or business operations. To the fullest extent permitted by law, Users and BuildMatcher agree that any arbitration shall be conducted solely on an individual basis and not as a class action, collective action, representative action, or consolidated proceeding. Users waive any right to participate as a plaintiff, claimant, or class member in any class, collective, or representative proceeding against BuildMatcher. The arbitrator shall not have authority to combine claims or conduct arbitration on behalf of multiple parties unless expressly agreed to by BuildMatcher and the applicable User.
9.01 BuildMatcher’s collection, use, storage, processing, disclosure, and protection of personal information is governed by the BuildMatcher Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of the agreement between BuildMatcher and each user. Users acknowledge that operation of a technology marketplace requires the collection and processing of certain information necessary to create accounts, facilitate communications, perform verification activities, improve Platform functionality, prevent fraud, and maintain marketplace security. By accessing or using the Platform, users consent to the data practices described in the Privacy Policy. Users should review the Privacy Policy carefully before submitting personal information or verification materials through the Platform.
9.02 BuildMatcher may utilize third-party technology providers, identity verification services, analytics providers, hosting providers, payment processors, communication platforms, and other service providers necessary to operate the Platform. Such providers may process information on behalf of BuildMatcher pursuant to contractual obligations requiring appropriate confidentiality, security, and authorized-use restrictions. BuildMatcher may also disclose information when reasonably necessary to comply with legal obligations, respond to lawful requests, protect rights or safety, prevent fraud, enforce agreements, or maintain Platform integrity. Users acknowledge that no electronic transmission, storage system, or internet-based service can guarantee absolute security.
9.03 Where applicable, BuildMatcher may collect verification materials from contractors or other users to support marketplace trust and administrative review processes. Verification materials may include identity documents, licensing information, insurance documentation, business records, credential information, or other materials reasonably necessary to evaluate eligibility for Platform participation. BuildMatcher may use internal procedures and approved third-party services to review submitted materials; however, verification does not constitute a guarantee, certification, endorsement, or warranty of any user’s qualifications or future performance. Users remain responsible for ensuring that all submitted verification information is accurate, current, and legally compliant.
9.04 BuildMatcher shall maintain reasonable procedures regarding the handling and protection of verification materials submitted through the Platform. Approved government identification documents and other uploaded verification files designated for verification purposes shall be deleted following completion of the applicable verification process, except where retention is required or reasonably necessary for legal compliance, security, fraud prevention, dispute resolution, or other legitimate business purposes. BuildMatcher may retain limited verification records necessary to demonstrate completion of review procedures, including verification outcome, reviewer information, credential reference information, source checked, applicable expiration date, and related administrative records. Such retention practices are designed to minimize unnecessary storage of sensitive documentation while preserving marketplace integrity.
10.01 These Terms, together with any incorporated policies, agreements, disclosures, notices, and supplemental terms published by BuildMatcher, constitute the complete and exclusive agreement between BuildMatcher and each user concerning access to and use of the Platform. These Terms supersede all prior or contemporaneous communications, representations, proposals, discussions, or understandings concerning the subject matter addressed herein. No oral statement, course of conduct, trade practice, or informal communication shall modify these Terms unless expressly incorporated through a written amendment issued by BuildMatcher. Users acknowledge that continued access to or use of the Platform constitutes acceptance of these Terms and any properly issued modifications. This agreement will supersede and control any of the other agreements in the event there is a conflict.
10.02 BuildMatcher reserves the right to modify, revise, update, or replace these Terms at any time to reflect changes in technology, marketplace functionality, legal requirements, business operations, or user services. Updated Terms shall become effective upon posting through the Platform, providing electronic notice, or otherwise making the revised Terms available through commercially reasonable methods. Users are responsible for periodically reviewing these Terms to remain informed of applicable obligations. Continued use of the Platform after any modification becomes effective constitutes acceptance of the revised Terms.
10.03 If any provision of these Terms is determined to be invalid, unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified or limited only to the minimum extent necessary to make it enforceable while preserving the intent of the parties. The remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any individual provision shall not affect the validity or enforceability of any other provision contained herein. The parties intend that these Terms be interpreted to provide the maximum lawful protection and enforcement permitted under applicable law.
10.04 Users may not assign, transfer, sublicense, or delegate their rights or obligations under these Terms without BuildMatcher’s prior written consent. BuildMatcher may assign, transfer, or delegate these Terms, in whole or in part, to an affiliate, successor entity, purchaser, investor, acquiring company, or other entity involved in a corporate transaction, restructuring, merger, acquisition, or transfer of assets. Any unauthorized assignment by a user shall be void. These Terms shall bind and benefit the parties and their permitted successors and assigns.
10.05 BuildMatcher’s failure to enforce any provision, right, or remedy contained in these Terms shall not constitute a waiver of future enforcement of that provision or any other provision. Any waiver must be expressly provided in writing by an authorized representative of BuildMatcher. A waiver relating to one circumstance shall not operate as a waiver relating to any future circumstance. All rights and remedies provided under these Terms are cumulative and are in addition to rights and remedies available under applicable law.
10.06 BuildMatcher shall not be responsible for delays, interruptions, failures, or inability to perform Platform obligations resulting from events beyond its reasonable control, including but not limited to natural disasters, governmental actions, telecommunications failures, cybersecurity incidents, internet outages, technology failures, labor disruptions, supply chain interruptions, acts of war, terrorism, or other force majeure events. Such events shall excuse performance obligations for the duration reasonably affected by the event. BuildMatcher shall use commercially reasonable efforts to restore affected services when practicable. This provision shall not excuse obligations unrelated to the affected circumstances.
10.07 Electronic Acceptance; Amendments. Users acknowledge and agree that electronic acceptance of these Terms, including clicking acceptance buttons, creating an account, accessing restricted Platform features, submitting registration information, or otherwise demonstrating assent through electronic means, constitutes a valid and enforceable electronic signature under applicable law. Users agree that electronic records maintained by BuildMatcher, including the accepted Terms version, date, timestamp, account activity, communications, and other electronic records, shall be admissible as evidence of acceptance and contractual obligations. The parties intend that these Terms create a legally binding agreement enforceable under applicable electronic transaction laws. BuildMatcher may update these Terms from time to time; however, material changes affecting User rights, obligations, fees, or dispute resolution provisions require affirmative re-acceptance before continued Platform access.
10.08 The headings, titles, and organizational structure contained within these Terms are provided solely for convenience and reference purposes and shall not limit, expand, or otherwise affect the interpretation of any provision. The words “including” and similar terms shall be interpreted without limitation unless expressly stated otherwise. These Terms shall be interpreted fairly according to their plain meaning and the intent of the parties. BuildMatcher and users acknowledge that these Terms establish a commercially reasonable allocation of responsibilities, risks, and obligations relating to technology marketplace operations.