TERMS OF USE

Effective Date: September 24, 2025

Welcome to kitchenbathprogram.org. These Terms of Use ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and kitchenbathprogram.org ("Company," "we," "us," or "our") concerning your access to and use of our websites, platforms, and services (collectively, the "Platform").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, CLICKING ANY BUTTON, SUBMITTING ANY INFORMATION, OR CONTINUING TO BROWSE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM AND EXIT IMMEDIATELY.

1. OVERVIEW OF SERVICES

kitchenbathprogram.org is a marketing, advertising, and lead generation platform that owns and operates multiple websites, domains, and related digital assets to provide information, guidance, and consulting services. Our primary business function is to connect homeowners and consumers with independent third-party service providers nationwide through lead generation, referral services, and marketing campaigns.

IMPORTANT: We are a marketing intermediary only. We generate, collect, process, and distribute consumer leads to third-party service providers for compensation. We do not charge consumers for platform access but monetize through lead sales, referral fees, advertising revenue, and marketing services provided to third parties.

2. LEAD GENERATION AND REFERRAL BUSINESS MODEL

2.1 Lead Generation Process

By submitting any information through our Platform, you acknowledge and agree that:

• Your information constitutes a "lead" that we will sell, distribute, or license to third parties
• We may sell the same lead to multiple providers simultaneously
• Lead pricing, distribution methods, and recipient selection are at our sole discretion
• We make no guarantees about lead exclusivity, quality, conversion rates, or commercial value

2.2 Lead Quality and Delivery

YOU EXPRESSLY ACKNOWLEDGE THAT:

• We provide leads "AS IS" with no warranties regarding accuracy, completeness, or commercial viability
• Lead delivery timing is not guaranteed and may vary from immediate to several months
• We are not responsible for provider response rates, follow-up quality, or conversion outcomes
• Leads may be distributed to competitors, unlicensed providers, or entities outside your preferred service area

2.3 No Service Provider Relationship

WE EXPLICITLY DISCLAIM ANY RELATIONSHIP WITH SERVICE PROVIDERS INCLUDING:

• Joint venture, partnership, agency, or employment relationships
• Control over provider operations, pricing, availability, or service quality
• Responsibility for provider licensing, insurance, bonding, or regulatory compliance
• Liability for provider performance, delays, cancellations, or service failures

3. COMPREHENSIVE DISCLAIMERS AND NO WARRANTIES

3.1 Platform and Content Disclaimers

THE PLATFORM, ALL CONTENT, INFORMATION, LEADS, REFERRALS, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF INFORMATION
• UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE OPERATION
• COMPATIBILITY WITH YOUR SYSTEMS, SOFTWARE, OR EXPECTATIONS

3.2 Third-Party Provider Disclaimers

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:

• Provider qualifications, licensing, insurance, or bonding status
• Service quality, pricing, availability, or completion timelines
• Provider background checks, criminal history, or employment verification
• Safety, legality, or compliance with local regulations
• Resolution of disputes between users and providers

3.3 Information Accuracy Disclaimers

ALL CONTENT, TIPS, GUIDANCE, AND RECOMMENDATIONS ARE:

• For general informational purposes only
• Not professional, legal, financial, technical, or medical advice
• Subject to change without notice
• Not guaranteed to be current, accurate, or complete

4. USER INFORMATION, CONSENT, AND COMMUNICATION RIGHTS

4.1 Broad Consent to Contact

BY SUBMITTING ANY INFORMATION, YOU PROVIDE EXPRESS WRITTEN CONSENT TO:

• Receive unlimited phone calls, text messages, emails, and other communications
• Contact from us, our affiliates, partners, service providers, and third parties
• Use of automated dialing systems, prerecorded messages, and artificial intelligence
• Contact even if your number is on federal, state, or internal "Do Not Call" lists
• Contact at any phone number or email address you provide, now or in the future

4.2 TCPA and Regulatory Compliance

YOU ACKNOWLEDGE AND AGREE THAT:

• You are the owner/authorized user of all contact information provided
• You have authority to consent to communications at the numbers/addresses provided
• Message and data rates may apply for text communications
• You may receive multiple contacts per day from different providers
• Consent is not required for platform access but is required for lead generation services

4.3 Information Usage Rights

WE HAVE UNLIMITED RIGHTS TO:

• Use, store, process, analyze, and distribute your information
• Share information with unlimited third parties for any business purpose
• Retain information indefinitely, even after account termination
• Combine your information with data from other sources
• Use information for marketing, analytics, product development, and research

5. MAXIMUM LIABILITY LIMITATIONS

5.1 Complete Liability Exclusion

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KITCHENBATHPROGRAM.ORG, ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING:

• DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSSES
• DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR OMISSIONS
• DAMAGES FROM PLATFORM DOWNTIME, ERRORS, OR SECURITY BREACHES

5.2 Damage Cap

IF LIABILITY CANNOT BE COMPLETELY EXCLUDED, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF:

• TWENTY-FIVE U.S. DOLLARS ($25.00), OR
• THE AMOUNT YOU PERSONALLY PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

5.3 Time Limitation

ANY CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE ALLEGED INCIDENT OR BE FOREVER BARRED.

6. COMPREHENSIVE INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPLETELY HARMLESS KITCHENBATHPROGRAM.ORG AND ALL RELATED PARTIES FROM:

• Any and all claims, lawsuits, demands, or legal proceedings
• All damages, losses, costs, expenses, and attorney fees
• Claims arising from your platform use, information submission, or provider interactions
• Your violation of these Terms or applicable laws
• Third-party claims related to information you provided
• Provider disputes, service failures, or performance issues

This indemnification survives termination of these Terms and has no monetary limit.

7. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

7.1 Binding Arbitration Requirement

ALL DISPUTES ARISING FROM OR RELATING TO THE PLATFORM, THESE TERMS, OR OUR RELATIONSHIP MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION CONDUCTED IN WILMINGTON, DELAWARE UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

7.2 Class Action and Jury Trial Waiver

YOU EXPRESSLY WAIVE YOUR RIGHTS TO:

• Participate in class actions, collective actions, or representative proceedings
• Trial by jury in any legal proceeding
• Seek public injunctive or declaratory relief
• Consolidate claims with other parties

7.3 Arbitration Procedures

• Arbitration shall be conducted by a single arbitrator
• Delaware law governs all proceedings
• Each party bears their own costs and attorney fees
• Arbitrator's decision is final and binding
• No appeal rights exist except for limited statutory grounds

8. INTELLECTUAL PROPERTY AND USAGE RESTRICTIONS

8.1 Our Intellectual Property Rights

ALL PLATFORM CONTENT IS PROPRIETARY AND PROTECTED BY INTELLECTUAL PROPERTY LAWS. YOU ARE GRANTED ONLY A LIMITED, REVOCABLE, NON-EXCLUSIVE LICENSE FOR PERSONAL USE.

8.2 Prohibited Activities

YOU AGREE NOT TO:

• Reproduce, distribute, modify, or create derivative works of our content
• Use automated systems, bots, scrapers, or similar tools
• Access non-public areas of the Platform
• Reverse engineer, decompile, or disassemble any Platform components
• Use the Platform for commercial purposes without written permission
• Submit false, misleading, or fraudulent information
• Violate any applicable laws or regulations
• Interfere with Platform operation or security measures

9. PRIVACY AND DATA PRACTICES

Our Privacy Policy at https://www.kitchenbathprogram.org/privacy governs data collection and use. BY USING THE PLATFORM, YOU CONSENT TO ALL DATA PRACTICES DESCRIBED IN OUR PRIVACY POLICY, INCLUDING SHARING INFORMATION WITH UNLIMITED THIRD PARTIES.

10. FORCE MAJEURE AND OPERATIONAL DISRUPTIONS

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO:

• Acts of God, natural disasters, or extreme weather events
• Pandemic, epidemic, or public health emergencies
• Terrorism, war, civil unrest, or government actions
• Cyberattacks, system failures, or internet disruptions
• Labor disputes, supplier failures, or regulatory changes
• Any circumstances beyond our reasonable control

11. MODIFICATION RIGHTS

11.1 Unilateral Modification Rights

WE RESERVE THE ABSOLUTE RIGHT TO MODIFY, UPDATE, OR REPLACE THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES BECOME EFFECTIVE IMMEDIATELY UPON POSTING.

11.2 Acceptance of Changes

YOUR CONTINUED USE OF THE PLATFORM AFTER MODIFICATIONS CONSTITUTES ACCEPTANCE OF ALL CHANGES. IF YOU DISAGREE WITH MODIFICATIONS, YOUR SOLE REMEDY IS TO DISCONTINUE PLATFORM USE.

12. TERMINATION RIGHTS

12.1 Our Termination Rights

WE MAY IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCESS FOR ANY REASON OR NO REASON, INCLUDING:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Technical or security concerns
• Business operational decisions
• At our sole discretion without explanation

12.2 Effects of Termination

UPON TERMINATION:

• All licenses granted to you immediately cease
• You must discontinue all Platform use
• Accrued obligations and liabilities survive termination
• We retain all information collected during your use
• Indemnification, arbitration, and limitation provisions remain in effect

13. REGULATORY AND COMPLIANCE MATTERS

13.1 No Professional Services

WE ARE NOT LICENSED PROFESSIONALS AND PROVIDE NO:

• Legal, financial, tax, or investment advice
• Technical, engineering, or construction guidance
• Medical, health, or safety recommendations
• Professional services requiring specialized licensing

13.2 User Compliance Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Compliance with all applicable federal, state, and local laws
• Obtaining necessary permits, licenses, and approvals
• Due diligence regarding providers and services
• Verifying provider credentials and insurance coverage
• All consequences of your decisions and actions

14. ADDITIONAL LEGAL PROTECTIONS

14.1 Severability and Survival

If any provision is deemed invalid, the remaining provisions remain fully enforceable. All limitation of liability, indemnification, arbitration, and disclaimer provisions survive any termination or expiration of these Terms.

14.2 No Waiver

Our failure to enforce any provision does not constitute a waiver of future enforcement rights.

14.3 Assignment

We may assign these Terms and our rights/obligations without notice or consent. You may not assign your rights or obligations.

14.4 Entire Agreement

These Terms and our Privacy Policy constitute the complete agreement and supersede all prior agreements, representations, or understandings.

14.5 Governing Law

These Terms are governed by Delaware law without regard to conflict of law principles. Delaware courts have exclusive jurisdiction for any matters not subject to arbitration.

15. ACKNOWLEDGMENT OF UNDERSTANDING

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE:

• Read and understood these Terms in their entirety
• Had the opportunity to consult with legal counsel
• Voluntarily agreed to all provisions, including liability limitations and arbitration requirements
• Understanding that you are entering a lead generation relationship, not a direct service relationship