Promotional Offer Terms and Conditions

These Promotional Offer Terms and Conditions apply to discounts, complimentary services, promotional credits, community-appreciation offers, referral programs and other promotional offers made by KDI Building Developments Inc. (“KDI”).

These terms apply to KDI Building Developments Inc. and its authorized operating names and divisions, including ForgePoint Building and Remodeling, a KDI Building Developments Inc. company.

Each promotion may have additional requirements stated in the applicable advertisement, offer certificate, email, webpage, proposal or written agreement. Those offer-specific requirements form part of these terms.

If an offer-specific term conflicts with these general terms, the offer-specific term will control only for that particular promotion.

1. General Eligibility

Unless the applicable offer expressly states otherwise:

• Promotions are available only to qualifying customers and projects.
• The project must be located within KDI’s applicable service area.
• The customer must own the property or otherwise be legally authorized to enter into the applicable agreement.
• The qualifying customer must be named in the KDI agreement.
• The customer must disclose or redeem the promotion before the applicable proposal or agreement is finalized.
• Promotions apply only to new agreements executed during the stated promotional period.
• Promotions cannot be applied retroactively to an existing agreement, completed work, previously approved change order or previously issued invoice.
• Project eligibility is subject to scope, location, feasibility, scheduling, licensing requirements and KDI’s current capacity.
• KDI may require reasonable documentation to verify eligibility.
• A customer’s eligibility for a promotional category does not guarantee that every project or service will qualify.

A promotion does not require KDI to accept a project that falls outside KDI’s service area, minimum project requirements, licensing authority, operational capacity or normal project-qualification standards.

2. Offer-Specific Information

Each promotional campaign should clearly identify, as applicable:

• The discount percentage or promotional value
• Whether the offer states “up to” a particular amount
• The portion of the project to which the promotion applies
• The maximum available savings
• The minimum qualifying contract value
• Eligible services or project categories
• Excluded costs
• The offer’s beginning and expiration dates
• Geographic limitations
• Any required promotional code
• Whether the customer must schedule a consultation, approve a proposal or execute an agreement by a stated date

An advertised promotion is subject to both these general terms and the material qualifications disclosed with the applicable offer.

3. Meaning of “Up To”

The words “up to” mean that the stated percentage or amount is the maximum potential promotional benefit—not a guaranteed discount for every customer or project.

The actual promotional value may be lower and will depend on:

• Eligible portions of the project scope
• Contract value
• Labor and material allocation
• Applicable exclusions
• Maximum savings
• Project category
• Offer-specific requirements

The promotional amount awarded to an eligible customer will be documented in KDI’s written proposal, agreement or promotional addendum before the applicable agreement is executed.

4. Percentage-Discount Promotions

Unless the applicable offer expressly states otherwise, a percentage discount applies only to the eligible KDI labor, materials or project components specifically identified in writing.

A percentage discount does not automatically apply to the entire contract price.

The following costs are excluded unless expressly included in the applicable written offer:

• Architecture and engineering
• Plans and design documents
• Structural calculations
• Energy calculations
• Permits and government fees
• Plan-check and inspection fees
• Testing and reports
• Hazardous-material testing, abatement or remediation
• Third-party professional services
• Specialty consultants
• Financing charges
• Insurance deductibles
• Emergency or after-hours services
• Previously authorized work
• Change orders
• Concealed conditions
• Customer-requested upgrades
• Special-order products
• Customer-supplied materials
• Delivery, freight or storage charges
• Manufacturer price increases
• Work performed directly under a separate agreement with another provider
• Other pass-through or third-party costs identified in the proposal

Each percentage-discount campaign should identify the maximum available savings. If both a percentage and a maximum dollar amount are stated, the lower resulting amount controls.

5. Community Appreciation Program

KDI may offer special project savings to qualifying members of the community.

Eligible categories may include:

• Active-duty United States military personnel
• Military reservists and National Guard members
• Honorably discharged veterans
• Retired military personnel
• Active or retired first responders
• Law-enforcement officers
• Firefighters
• Emergency medical technicians and paramedics
• Public or private school teachers
• Qualifying school employees
• City, county, state or federal government employees
• Seniors age 65 or older

Community Appreciation Eligibility

Unless the applicable offer states otherwise:

• The qualifying individual must be a property owner or authorized contracting party.
• The qualifying individual must be named in the KDI agreement.
• Eligibility documentation must be presented before the proposal or agreement is finalized.
• KDI may inspect reasonable proof of eligibility.
• KDI does not need to retain a copy of sensitive identification after eligibility is verified unless retention is reasonably necessary and authorized.
• Only one Community Appreciation Discount may be applied per property or project.
• Eligibility under multiple categories does not create multiple discounts.
• The discount applies only to eligible portions of the project identified in writing.
• The promotion is subject to the minimum contract value and maximum savings stated in the applicable offer.

Acceptable documentation may include a current employment credential, military or veteran identification, government-issued identification confirming age, retirement credential or other reasonable documentation sufficient to verify eligibility.

Customers should redact Social Security numbers, financial information and other unrelated sensitive information before providing documentation.

6. Complimentary Initial 3D Design Concept

KDI may provide a complimentary initial 3D design concept for qualifying kitchen and bathroom remodeling projects.

Unless the applicable promotion states otherwise, the offer includes:

• One preliminary 3D design concept
• One standard revision to the initial concept
• General visualization of the proposed layout and design direction

The promotion does not include:

• Unlimited revisions
• Multiple unrelated design concepts
• Full-home or partial-home interior design
• Multiple-room design
• Architectural construction drawings
• Engineering
• Structural calculations
• Energy documentation
• Permit-ready plans
• Detailed finish schedules
• Product procurement
• Photorealistic guarantees

The complimentary concept is intended for preliminary visualization and budgeting only. It is not intended for permitting or construction.

Final dimensions, layouts, materials, finishes, structural requirements and pricing remain subject to field verification, product availability, continued design development and execution of the appropriate written agreement.

Project Qualification

KDI may determine eligibility based on:

• Kitchen or bathroom project type
• Anticipated construction value
• Property location
• Available plans and measurements
• Customer preparedness
• Design feasibility
• Scheduling capacity
• Project scope
• Likelihood that KDI will be engaged for the contemplated project

The customer must provide reasonably requested photographs, measurements, project objectives, budget expectations, existing-condition information and design preferences.

The complimentary initial 3D design concept is limited to one qualifying kitchen or one qualifying bathroom space per property or project.

Full-home remodeling, partial-home remodeling, multiple-room design, additions, ADUs, new construction and exterior projects do not qualify unless KDI expressly approves otherwise in writing.

KDI may decline or discontinue the complimentary service if:

• Required information is not provided
• The property is outside KDI’s service area
• The proposed project does not meet KDI’s minimum requirements
• The requested design is not reasonably feasible
• The customer materially changes the original project
• The project becomes inactive
• The customer does not respond to reasonable requests for information
• KDI reasonably determines that the project is no longer a suitable fit

Design Ownership and Permitted Use

All preliminary concepts, drawings and renderings remain KDI’s property unless a written agreement expressly provides otherwise.

The customer may review the concept for the contemplated KDI project but may not:

• Provide the concept to another contractor for pricing or construction
• Reproduce or modify it for construction
• Submit it for permitting
• Use it for a different property
• Publish or distribute it commercially
• Remove KDI’s ownership or identification information

Any additional license or transfer of design rights must be authorized by KDI in writing.

The complimentary concept has no cash value and cannot be exchanged for another service or applied as a monetary project credit unless KDI expressly agrees otherwise in writing.

7. Promotional Credits

A promotional credit applies only to the service, product or project component identified in the applicable offer.

Unless expressly stated otherwise:

• A credit cannot exceed the cost of the eligible item.
• Any unused portion is forfeited.
• A credit will not create a cash refund or negative project balance.
• A credit cannot be transferred to another customer, property or project.
• A credit cannot be applied to an invoice issued before the promotion was approved.
• A credit cannot be used to pay or reimburse an insurance deductible.
• A credit is applied only after the customer satisfies the offer’s eligibility requirements.

The proposal or promotional addendum should identify the value of the credit and the project component against which it is applied.

8. Referral Promotions

When KDI offers a referral promotion, the applicable advertisement or referral agreement must state:

• Who qualifies as a referring customer
• What constitutes an eligible referral
• Whether the referred customer must execute an agreement
• Any minimum project value
• When the referral benefit is earned
• The form and maximum value of the benefit
• Any expiration date

Unless the applicable offer states otherwise:

• The referred customer must be new to KDI.
• The referral must be documented before the referred customer executes an agreement.
• A referral benefit is not earned solely because a person requests information or schedules a consultation.
• KDI employees, officers, subcontractors and paid lead providers are not eligible unless expressly authorized.
• Only one referring party may receive credit for the same customer or project.
• Referral benefits cannot be used to pay or reimburse an insurance deductible.
• Referral benefits have no cash value unless the specific promotion expressly provides a cash payment.

9. Review Incentives

KDI may offer a gift, promotional item or other incentive for submitting an honest customer review.

Any review incentive:

• Must be available regardless of whether the review is positive, neutral or negative.
• Cannot require a particular rating or sentiment.
• Cannot require the customer to change or remove an existing truthful review.
• Cannot require the customer to make a false, misleading or unsupported statement.
• Must be disclosed by the reviewer when required by the review platform or applicable law.
• Is subject to the rules of the applicable review platform.
• May be unavailable when the platform prohibits incentivized reviews.

Recommended disclosure for an incentivized review:

KDI offered an incentive for submitting an honest review. The incentive was not conditioned on the rating or content of my review.

KDI may verify that a review was submitted but will not condition the incentive on the review being favorable.

10. Financing Promotions

Financing is offered by independent third-party providers. KDI is not a lender and does not:

• Approve or deny financing
• Determine interest rates
• Establish lending terms
• Guarantee credit approval
• Guarantee a monthly payment
• Guarantee a funding amount
• Guarantee a funding date

All financing is subject to the provider’s application, eligibility requirements, credit approval, rates, fees and current terms.

Any advertisement that mentions an interest rate, annual percentage rate, down payment, payment amount, payment period or deferred-interest feature must include the disclosures required by the financing provider and applicable law.

A customer’s inability to obtain financing does not require KDI to provide the advertised financing benefit through another payment method unless the promotion expressly states otherwise.

Financing availability does not modify the customer’s payment obligations under the applicable KDI agreement.

11. Insurance-Funded Projects

Promotions involving insurance-funded construction are subject to additional restrictions.

A promotion:

• Will not waive, absorb, conceal or reimburse an insurance deductible.
• Will not be used to misrepresent the contract price, repair cost or customer payment to an insurance carrier or mortgage company.
• Will not be applied in a manner that creates inaccurate insurance documentation.
• Will not reduce amounts properly owed under the construction agreement unless documented in writing.
• May be limited to qualifying customer-paid upgrades or non-insurance work.
• Remains subject to the insurance policy, construction agreement and applicable law.

Insurance-carrier approval or payment is not guaranteed.

12. Combining or Stacking Offers

Unless KDI expressly approves otherwise in writing:

• Promotions cannot be combined or stacked.
• Only one percentage discount may be used per property or project.
• Community Appreciation Discounts cannot be combined with another percentage discount.
• Multiple eligibility categories do not create multiple Community Appreciation Discounts.
• Promotional credits cannot be combined with negotiated price reductions.
• Referral benefits cannot be combined with another offer when prohibited by the applicable promotion.
• The complimentary initial 3D design concept cannot be combined with another design promotion.
• Financing-provider promotions remain subject to the provider’s independent requirements.

If a customer qualifies for more than one KDI promotion, KDI may apply the single eligible offer providing the greatest available value.

13. Changes to the Project Scope

A promotional amount is based on the eligible project scope and contract value approved when the promotion is applied.

If the customer later reduces, cancels or materially changes the eligible scope, the promotional amount may be proportionately adjusted or removed if the project no longer satisfies the original offer requirements.

Any adjustment will be documented through the applicable agreement, change order, cancellation accounting or other written project record.

Customer-requested additions or change orders do not automatically receive the original promotional discount.

14. Expiration and Required Action

Unless expressly stated otherwise:

• An offer expires at 11:59 p.m. Pacific Time on the advertised expiration date.
• Requesting information before expiration does not preserve the offer indefinitely.
• The customer must complete the action specified in the offer by the applicable deadline.
• The required action may include scheduling a consultation, completing a project evaluation, approving a proposal or executing an agreement.
• Project scheduling may occur after the expiration date if the customer completed the stated qualifying action on time and KDI accepts the project.

KDI is not responsible for delays caused by incomplete customer information, unsuccessful financing, unavailable documentation or failure to complete the required action before expiration.

15. No Cash Value or Transfer

Unless a specific offer expressly states otherwise:

• Promotions have no cash value.
• Promotions are nontransferable.
• Promotions cannot be sold, assigned or exchanged.
• Promotions apply only to the customer, property and project approved by KDI.
• Unused promotional value is forfeited.
• A promotion cannot create a refund greater than the amount actually paid for the eligible service.

16. Errors, Misuse and Fraud

KDI may decline or cancel a promotion when:

• The offer was published with a material typographical, technical or pricing error.
• The customer provides false or misleading eligibility information.
• Documentation is altered or fraudulent.
• Promotional codes are reproduced or distributed without authorization.
• The offer is used contrary to its stated terms.
• Applying the promotion would violate applicable law.
• The customer or project does not satisfy the published requirements.

KDI will not rely on this provision to avoid an otherwise valid offer merely because the promotion becomes less financially favorable than anticipated.

17. Written Confirmation Controls

A promotional offer is not incorporated into a construction agreement unless it is identified in KDI’s written proposal, agreement or promotional addendum.

Oral statements, informal messages or third-party advertisements do not modify the signed agreement unless KDI confirms the modification in writing through an authorized representative.

The signed construction agreement controls the project scope, price, payments, schedule, warranty and other construction obligations. These Promotional Offer Terms govern only the applicable promotional benefit.

18. Modification or Termination of Promotions

KDI may modify, suspend or discontinue a promotion prospectively.

A modification will not affect a promotional benefit already incorporated into an executed KDI agreement unless:

• The customer agrees in writing;
• The agreement permits the adjustment;
• Eligibility information was materially inaccurate; or
• The promotion cannot lawfully be honored.

The terms in effect when the customer completes the stated qualifying action will govern that offer, subject to the applicable written agreement.

19. Governing Law

These Promotional Offer Terms are governed by the laws of the State of California.

Nothing in these terms limits a right or remedy that cannot lawfully be waived.

20. Contact KDI

Questions about a promotion or customer eligibility may be directed to:

KDI Building Developments Inc.

3600 Lime Street, Building 2

Riverside, California 92501

CSLB #1137039

Licensed • Bonded • Insured

Email: [email protected]

Telephone: 1-800-928-0972