Terms & Conditions

By accessing the Site, browsing its pages, or submitting the estimate request form, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Site and do not submit the form.

If you are using the Site on behalf of a company, trust, partnership or other entity — for example, as a property manager submitting a request for a property you manage — you represent that you have authority to bind that entity, and "you" in these Terms means both you personally and that entity.

These Terms constitute a binding agreement between you and us. We may update them as described in the "Changes to These Terms" section below.

Nearby Bath Remodelers Pros is a lead-generation and matching service. The Site collects details about the bathroom project you are considering and, with your consent, transmits those details to independent remodeling professionals, contractor networks, manufacturers, dealers and other marketing partners so that they can contact you about your project. That is the entirety of what the service does.

We want to be unambiguous about the limits of that role, because misunderstanding it is the single most common source of disputes in this industry:

• We are not a bathroom remodeling contractor. We do not perform, supervise, manage, inspect or warrant any remodeling, plumbing, tiling, demolition or installation work of any kind.
• We do not employ, franchise, control or act as the agent of the professionals who may contact you. They are independent businesses. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between us and any professional.
• We do not verify, and we make no representation about, any professional’s licensing, bonding, insurance, permits, workmanship, pricing, warranty terms, financial condition, reviews, or fitness for your project. Any screening we perform is for our own commercial purposes and is not a recommendation to you.
• We are not a party to any agreement you enter into with a professional. Any contract for work is solely between you and that professional, and any dispute about that work, its price, its schedule or its quality is between you and that professional.
• We do not guarantee that you will be contacted, that you will be contacted by any particular number of professionals, that any professional serves your area or will take on your project, or that any estimate will be provided or will fall within any range.

You may use the Site only if you are at least eighteen years of age, are a resident of and located in the United States, and are legally able to enter into a binding contract. The Site is not directed to anyone under sixteen, and no one under sixteen may submit information through it.

You may submit an estimate request only for a property you own, or for which you have authority to arrange work. You must provide your own contact details, or the contact details of a person who has asked you to submit on their behalf and who is expecting to be contacted.

We may refuse access to the Site, or decline to process or transmit a submission, at our discretion and without notice, including where we believe a submission is fraudulent, automated, duplicated, submitted without the contact person’s knowledge, or otherwise in breach of these Terms.

When you submit the estimate request form you represent that the information you provide is true, accurate, current and complete, and that the telephone number and email address you provide are yours (or belong to a person who has authorised you to submit them), are current, and are ones at which you consent to be contacted.

You are responsible for keeping that information accurate. If your details change, or if you gave us a number or address in error, tell us so that we can correct or suppress the record. Submitting another person’s contact details without their knowledge is a breach of these Terms and may also breach federal and state telemarketing law.

You grant us the right to use, store, transmit and share the information you submit as described in our Privacy Policy, including to share it with the marketing partners identified on our Marketing Partners page. Once a submission has been transmitted to a partner, we cannot retrieve it.

If you check the consent box on the form, you give your prior express written consent for us and for the parties identified on our Marketing Partners page to contact you at the number and email address you provided — by live agent, automatic telephone dialing system, artificial or pre-recorded voice, SMS or MMS text message, and email — about bathroom remodeling and related home improvement products and services. Consent is not a condition of any purchase.

Message and data rates may apply to text messages and message frequency varies. Carriers are not liable for delayed or undelivered messages. Reply STOP to any text message to stop receiving texts from that sender, and HELP for help. Use the unsubscribe link in any marketing email to stop receiving that sender’s emails.

You may revoke consent at any time and by any reasonable means. The most reliable route is to email privacy@nearbybathremodelers.com with the telephone number, email address and property address you submitted and state clearly that you revoke consent and wish to be placed on our internal do-not-call and suppression lists. Revoking consent with us does not automatically revoke a consent held by a partner who already received your request, so you may also need to opt out with that partner directly; on request we will tell you who received your information.

Revocation takes effect as soon as we can reasonably process it and applies to future contact. It does not apply retroactively and does not require us to delete the records that evidence the consent, the revocation, or the suppression itself.

Any price, range, quote or estimate you receive through or after using this Site is provided by an independent third party, not by us. We do not set prices, review them, or verify that they are reasonable or complete.

An estimate is an indication only. It is not an offer capable of acceptance, and it is not binding on anyone until it is embodied in a written contract signed by you and by the professional. Estimates commonly change once a professional has inspected the property, opened a wall, identified a plumbing or structural condition, confirmed material availability, or established what permits are required.

Any figures, averages, ranges or cost illustrations shown anywhere on this Site are general informational content. They are not quotes, they are not specific to your property, and they should not be relied upon for budgeting or for any decision to proceed.

The Site links to, and relies on, services operated by other companies — including the marketing partners listed on our Marketing Partners page, consent-documentation providers, analytics and advertising platforms, and hosting and delivery infrastructure. We do not control those parties.

We are not responsible for the content, accuracy, availability, security or practices of any third-party website or service, and a link is not an endorsement. Your dealings with any third party — including any professional who contacts you — are solely between you and that party, and we are not liable for any loss arising from those dealings.

Third-party trade names, trademarks and logos appearing on the Site remain the property of their owners and are used to identify those parties, not to imply any affiliation or endorsement unless expressly stated.

The Site and everything available through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Site or its servers are free of harmful components; that any information on the Site is accurate, complete or current; that you will be contacted by any professional; or that any professional who contacts you is licensed, insured, competent, available or suitable for your project.

Some states do not allow the exclusion of certain implied warranties, so some of the exclusions above may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.

To the fullest extent permitted by applicable law, neither we nor our officers, directors, employees, members, agents, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, use, or business opportunity, arising out of or relating to your use of the Site or your dealings with any professional or partner, whether based in contract, tort (including negligence), strict liability, statute or any other theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to the Site or these Terms will not exceed the greater of the total amount you paid us, if any, in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars (US$100). You use this Site free of charge; this limitation reflects that allocation of risk and is a basis of the bargain between us.

We are not liable for any act, omission, delay, defect, damage, injury, cost overrun, breach of contract, misrepresentation or unlawful conduct of any professional, partner or other third party, including any work performed or not performed at your property.

Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

You agree to defend, indemnify and hold harmless us and our officers, directors, employees, members and agents from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, cost or expense (including reasonable legal fees) arising out of or relating to: your use of the Site; your breach of these Terms or of any representation you made in them; information you submitted that was inaccurate, or that related to a person who had not authorised its submission; your violation of any law or of the rights of any third party; or any dispute between you and a professional, partner or other third party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of that claim. You will not settle any matter that imposes any obligation or admission on us without our prior written consent.

The Site and its contents — including text, copy, layout, design, graphics, photographs, illustrations, icons, logos, and the selection, arrangement and compilation of all of it — are owned by us or by our licensors and are protected by United States and international copyright, trademark and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for your own personal, non-commercial purposes in connection with a genuine home improvement enquiry. That licence does not permit you to reproduce, distribute, publicly display, modify, create derivative works from, sell, licence, frame, scrape or systematically extract any part of the Site, or to use it to build or train any dataset, model or competing service, without our prior written permission.

Our name, wordmark and logo are our trademarks. You may not use them without our prior written consent. All rights not expressly granted are reserved. If you believe content on the Site infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to legal@nearbybathremodelers.com.

You agree to use the Site lawfully and in good faith. Without limiting that obligation, you must not:

• Submit false, misleading, fictitious or test information through the estimate request form, or submit a request you have no genuine interest in pursuing.
• Submit another person’s personal information without their knowledge and authorisation, or impersonate any person or entity.
• Use any robot, spider, scraper, headless browser, automated script or other automated means to access, monitor, copy or submit to the Site, or to circumvent any rate limit, access control or security measure.
• Interfere with or disrupt the Site, its servers or networks, including by introducing malware, launching a denial-of-service attack, or probing for vulnerabilities without our written authorisation.
• Reverse engineer, decompile or attempt to derive the source code or underlying structure of any part of the Site, except to the extent that restriction is prohibited by law.
• Use the Site to send unsolicited communications, to harvest contact details, or for any commercial purpose other than a genuine enquiry about your own project.
• Use the Site in violation of any applicable federal, state or local law, including telemarketing, consumer protection, anti-discrimination and contractor licensing laws.

These Terms, and any dispute arising out of or relating to them or to the Site, are governed by the laws of the State of [PLACEHOLDER], without regard to its conflict-of-laws rules. Subject to the paragraph below, you and we agree that the state and federal courts located in the State of [PLACEHOLDER] will have jurisdiction over any such dispute, and you consent to personal jurisdiction and venue in those courts.

Before commencing any formal proceeding, you agree to contact us first and to give us thirty days to attempt to resolve the matter informally. Most disputes can be resolved this way, and it costs neither of us anything to try.

DRAFTING NOTE — REQUIRES COUNSEL. Many operators in this industry include a binding arbitration agreement, a class-action and class-arbitration waiver, a jury-trial waiver, a small-claims carve-out, an opt-out window and a severability rule specific to the waiver. This draft deliberately does not include those provisions, because their enforceability depends on precise drafting, on the governing-law state that is still to be selected, and on how the clause is presented and assented to at the point of consent. Counsel must decide whether to include an arbitration and class-waiver regime, draft it, and confirm that the Site’s consent flow supports its enforceability, before this section is finalised.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, or from reporting a matter to a government agency.

We may change, suspend, limit or discontinue the Site or any part of it — including any feature, page, form or partner relationship — at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Site without notice or liability.

We do not guarantee that the Site will be available at any particular time. Availability may be affected by maintenance, updates, provider outages, network conditions, security incidents and events beyond our reasonable control. We are not liable to you for any unavailability or for any consequence of it.

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, utility or telecommunications failure, or failure of a third-party provider.

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed. The remaining provisions will continue in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other, and no waiver is effective unless made in writing by us. A single or partial exercise of a right does not preclude any further exercise of it.

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

These Terms, together with our Privacy Policy, the consent disclosure presented on the estimate request form, and the Marketing Partners page referenced in that disclosure, constitute the entire agreement between you and us regarding the Site, and supersede all prior or contemporaneous understandings, communications and proposals, whether oral or written, on that subject.

These Terms govern your relationship with us only. They do not govern, and have no effect on, any agreement you enter into with a professional or partner. That agreement stands on its own terms, and nothing here creates any third-party beneficiary rights in favour of any professional or partner.

The section headings in these Terms are for convenience only and do not affect their interpretation. The words "including" and "for example" are illustrative and not limiting.

We may revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page and post the revised Terms here. Where a change is material, we will take reasonable steps to bring it to your attention.

Your continued use of the Site after revised Terms are posted constitutes your acceptance of them. If you do not agree to a revision, stop using the Site. The version of these Terms in effect at the time you submitted a request governs that submission.

Questions about these Terms, and any notice required to be given to us under them, should be sent to the addresses below. Legal notices should be sent both by email and by postal mail.

• Legal notices: legal@nearbybathremodelers.com
• Privacy and opt-out requests: privacy@nearbybathremodelers.com
• General support: support@nearbybathremodelers.com
• Telephone: (888) 555-0142 (Monday – Saturday, 8:00am – 8:00pm local time)
• Postal mail: [REGISTERED ENTITY NAME — PLACEHOLDER] d/b/a Nearby Bath Remodelers Pros, 000 Placeholder Street, Suite 000, City, ST 00000, United States