TERMS OF USE
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use. This contract sets out your rights and responsibilities when you use the services provided by GetCost. We’ll refer to our website, mobile apps and other services as our “Services”.
License to Use Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Apple terms
Apple terms prevail over those terms.
License
GetCost grants you a limited non-exclusive, non-transferable, and revocable license to access and use the public areas of this site, only for your personal use and not for purposes of resale, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; provided, however, that you do not modify this site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these Terms of Use. Unauthorized use of this site or any content may violate copyright laws, laws, the laws of privacy and publicity, and communications regulations and statutes. You grant to GetCost and its service providers and licenses a non-exclusive, royalty-free digital photography to access, use, copy, reproduce without providing compensation to you or any other person.
Links to This Site
GetCost grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page or any other page accessible from the home page of this site so long as the link does not portray GetCost or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the GetCost logo, GetCost trademark, or GetCost’s name or trademarks, or other proprietary graphic in the link without the prior written permission of GetCost.
Links to Third Party Web Sites
GetCost does not review or control third party Web sites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
Don’t Steal Our Stuff
You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
Don’t Try to Harm Our Systems
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
Share Your Ideas
We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to GetCost are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Security
The designer is a tool to help you to produce estimates and should not be considered as a reference for final plans. It is your responsibility to verify the accuracy and compliance with your local building codes and site conditions.
The Designs Available
Since the designer could allow you to create an nearly infinite way of building sheds, decks or any other constructions, it's impossible for us to ensure the safety of those constructions and you are responsible to validate the plan with the required authorities and professionals for your safety and the safety of the others.
Trusses and Charges
Trusses are shown to learn the possible layouts but, it's illegal to build trusses yourself in most states and provinces. The trusses shown on GetCost were never calculated for charges nor approved by an architect or an engineer. It is your responsibility to verify the accuracy and compliance with your local building codes and site conditions.
Information Accuracy
GetCost does not warrant or represent that the information on this web site is accurate or complete or able to be relied on for construction or specification purposes. It is supplied as a reference for further investigation, study, and clarification with a licensed architect or engineer familiar with construction conditions in the region of the user and particular job site conditions of the user.
Warranties and Limitation of Liability
GetCost accepts no liability for any damages including personal injuries or property losses for the information published from the GetCost web site. You assume total responsibility and risk for your use of the GetCost web site.
GetCost Is a Software Tool
GetCost provides software to help businesses manage their estimates, invoices, scheduling and payments. GetCost does not perform, supervise or guarantee any work, and does not endorse, verify or warrant the quality, safety, legality, licensing or insurance of any work or services provided by its users. Any agreement for work is solely between the user and their client.
Services Offered by the Contractors
You understand that GetCost isn't affiliate with any contractors listed on this web site and thus couldn't be responsible for any issues you could have if you use their services. Any legal claim related to an item you purchase must be brought directly against the contractor with whom you made business. We couldn't be responsable for the behavior or the result of the contractors you make business with. Always ensure they have the right permits to operate in your region.
Rating and reviews
The rating or reviews shown on GetCost aren't made nor written by us and couldn't be considered to be accurate. We can't be held responsable for the quality of the work done by a contractor even if the rating and comments were good. We can't be held responsable for the lost or bad reputation you or your business receive on GetCost. As a contractor or a company, if your rating or your reviews are bad, it's not our fault.
Limitation of Liability
Under no circumstances will GetCost or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk. To the fullest extent permitted by law, neither GetCost, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. To the extent permitted by law, GetCost's total liability for any claim relating to the Services is limited to the amount you paid GetCost in the 12 months before the claim.
Payment Processing
Payments made through the Services are processed by third-party payment processors (such as Stripe and PayPal) directly into your own account with that processor. You are the merchant of record for every payment you collect. GetCost never receives, holds or transfers those funds and is not a party to any transaction between you and your clients. Refunds, disputes and chargebacks are solely between you, your client and the payment processor.
Transaction and Application Fees
Third parties like Stripe and PayPal charge transaction and/or application fees. Those fees are non-refundable and we have the exact same policy. So if a transaction is done or even refunded, desired or by any mistake, of your part or our, all transactions and/or application fees are still applying and non-refundable. First transactions usually take more than 7 days to be processed and the next ones around 2 days. We don't control those delays.
Dispute and Chargeback
You are responsible of any possible money lost in a chargeback or dispute. If you lose the dispute, you need to pay back the amount disputed in full and required fees. The credit card company will decide if you win the dispute or not. If you don't agree with the resolution of that dispute you will be responsible to resolve it with your client by yourself. It's possible that the amount disputed is taken back from your account before the resolution of the dispute.
Indemnification
You agree to defend, indemnify and hold harmless GetCost, its affiliates, employees and directors from any claim, loss, liability or expense (including reasonable legal fees) arising from: (a) the work or services you provide to your clients; (b) your payments, refunds, disputes or chargebacks; (c) Your Content; or (d) your breach of these Terms or of any law.
Content You Access
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. GetCost is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Warranties
GetCost is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that:
- the Services will be secure or available at any particular time or location
- any defects or errors will be corrected
- the Services will be free of viruses or other harmful materials or
- the results of using the Services will meet your expectations.
Price Estimate and Material List
Price Accuracy
We do not provide any contracting services. We provide a software to help contactors to calculate estimates. We are doing our best to have accurate prices but all prices are estimates only. If you are using these prices to produce an estimate, you are responsible to validate them in your local store or to have safety margins and accept the possible losts if the prices are off. We can't be held responsible if the prices doesn't match your local store prices. Products could be missing or not available in your region. The price from the local stores will always prevail. All estimated prices are in USD for US Stores and in Canadian dollars for Canadian stores.
Material List
We are doing our best to have an accurate list of material so you don't have to go back to the store but we can do mistakes and forget or miscalculate the quantities required. The material list could be incomplete or in over stock and you are responsible to validate the quantities and for missing items before doing any construction project. We can't be held responsible for any trips, livraison charges or delays because of the inaccuracy of the quantities or missing items.
Building code
You are responsible for verifying that the plan and any modifications you make meet local building codes. GetCost accepts no liability or responsibility for your design or construction. Your plans need to be approved by your municipality and respect your local Building code.
Your Account with GetCost
You must be 18 or older to use our Services
Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
Be honest with us
Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
Choose a nice username
A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
You are responsible for your account
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Protect your password
As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
Let's be clear about our relationship
These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and GetCost.
Showroom
Our goal is to have all showrooms to be related to home improvement so our users could find what they want easily. If we juge that your showroom isn't in harmony with our goal, we reserve the right to remove it without warnings.
Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, company names, logos, banners, descriptions, comments, pictures in the portfolios, etc.).
Responsibility for Your Content
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content
By posting Your Content through our Services, you grant GetCost a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help GetCost function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
Rights You Grant GetCost
By posting Your Content, you grant GetCost a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote GetCost, your GetCost showroom, or the Services in general, in any formats and through any channels, including across any GetCost Services or third-party website or advertising medium.
Reporting Unauthorised Content
GetCost has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please send us an email to support@getcost.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
Inappropriate, False or Misleading Content
This should be common sense, but there are certain types of content we don’t want posted on GetCost’s Services (for legal reasons or otherwise). You agree that you will not post any content that is infringing, threatening, defamatory, abusive, obscene, inflammatory, profane, vulgar or otherwise offensive. We have no obligation to monitor posts to this site; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Typos
If that document has typos or sentence structure issues, it doesn't make it partially or totally invalid.
Termination
Termination By You
We hate to see you go, but you may terminate your account with GetCost at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
Termination By GetCost
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. GetCost may refuse service to anyone, at any time, for any reason. If you or GetCost terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services Partially or Completely
GetCost reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Jurisdiction And Venue
We’re based in Montreal, Québec, Canada, so any legal action against GetCost related to our Services must be filed and take place in Montreal. That means the seat of any arbitration shall be Montreal.
Modification of Agreement
We reserve the right to modify this Agreement at any time, and without prior notice. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications. "Agreement" does not refer to any advertising contracts or agreements between GetCost and its manufacture sponsors or contractor members. "Agreement" refers to the general use of GetCost and its content, forums, articles, photos, plans & contractor search, as a user.
Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and GetCost regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. These Terms are solely for the benefit of you and GetCost. Nothing in them gives any right or remedy to any other person, including your clients, employees or subcontractors.
Prohibited Activities
You may not use the service for activities that:
- violate any law, statute, ordinance or regulation.
- relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.