Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website operated by KDI Building Developments Inc., including any associated webpages, contact forms, consultation forms, customer portals, content, features and online services that link to these Terms (collectively, the “Website”).

In these Terms, “KDI,” “we,” “us” and “our” refer to KDI Building Developments Inc. References to “you” and “your” refer to each visitor, customer or other person accessing or using the Website.

By accessing or using the Website, you acknowledge that you have read and agree to these Terms. If you do not agree, please do not use the Website.

Eligibility

You must be at least 18 years old and legally capable of entering into an agreement to submit a service request, schedule a consultation or use an account-based feature of the Website.

If you use the Website on behalf of a property owner, company, trust or other organization, you represent that you are authorized to act on its behalf.

Website Information Only

The Website provides general information about KDI, our services, project process, promotions, financing resources, insurance reconstruction support, warranty procedures and other construction-related subjects.

Website information is provided for general informational and marketing purposes. Unless expressly stated in a written agreement signed by an authorized KDI representative, Website content is not:

• A construction contract or home-improvement contract
• A binding proposal, estimate or price quotation
• A guarantee that KDI will accept or perform a project

A guarantee of project cost, completion date, financing, insurance coverage or promotional eligibility

Architectural, engineering, legal, tax, insurance or financial advice

A representation that every service shown is available for every property or project

A modification of an existing KDI contract or warranty

No Construction Agreement Created

Browsing the Website, contacting KDI, submitting a form, scheduling a consultation, uploading documents, receiving preliminary information or communicating with a KDI representative does not by itself create a contractor-customer relationship or require KDI to accept a project.

Construction, design, preconstruction, project-management and other professional services will be performed only under the applicable written agreement signed by the customer and an authorized KDI representative.

If these Terms conflict with a signed project agreement concerning the project covered by that agreement, the signed project agreement will control.

Consultations, Estimates and Project Pricing

Information discussed during an initial consultation is preliminary and based on the information reasonably available at that time.

Accurate construction pricing may require photographs, measurements, plans, engineering, design selections, site access, an onsite evaluation or additional investigation. A complete estimate may not be available during the initial consultation.

Pricing may be affected by factors including:

• Project scope and complexity
• Property and site conditions
• Access, staging and working conditions
• Labor and trade requirements
• Material and finish selections
• Plans, engineering and permitting requirements
• Applicable codes and inspection requirements
• Scheduling and procurement conditions
• Location and travel requirements
• Concealed conditions discovered during construction
• Customer-requested changes
• Market conditions and product availability

KDI does not rely exclusively on a generalized price-per-square-foot formula when a project requires detailed scope development.

Any design, inspection, preconstruction, planning, diagnostic or estimating fee will be disclosed before the applicable paid service is performed.

Concealed Conditions

Remodeling and reconstruction work may reveal conditions that were not visible or reasonably discoverable before demolition, opening walls, removing finishes or beginning construction.

Examples may include water damage, deterioration, mold, improper prior construction, damaged framing, outdated systems, code deficiencies, plumbing or electrical problems, structural conditions, pest damage and other concealed defects.

KDI does not automatically inflate every initial price to assume that all potential concealed conditions exist. When reasonably possible, KDI identifies known conditions, explains potential risks and prices the work supported by the information available at the time.

If concealed conditions are discovered, KDI will document the condition, communicate with the customer and explain the available options. Work outside the original scope may require a written change order, additional payment and a schedule adjustment.

Certain projects may include a stated allowance or contingency for reasonably anticipated concealed conditions. The applicable written agreement will control how that allowance or contingency is administered.

Promotional Offers

Promotions, discounts, complimentary services and community-appreciation offers are subject to their stated qualifications, exclusions, minimum project values, maximum savings, expiration dates and availability.

Promotional eligibility is not established merely by viewing an advertisement or submitting an inquiry. Eligibility and the amount of any discount must be confirmed in writing by KDI before the applicable agreement is finalized.

Promotions generally have no cash value, are nontransferable and may not be combined or applied retroactively unless KDI expressly approves otherwise in writing.

Please review KDI’s Promotional Offer Terms and Community Appreciation Discount Terms for complete conditions.

Design Concepts and 3D Renderings

Plans, sketches, renderings, mood boards, layouts and design concepts displayed on or provided through the Website are illustrative unless expressly identified as final construction documents.

A preliminary 3D rendering:

• Is intended to communicate a general layout or design direction
• May not depict exact dimensions, colors, textures, materials or field conditions
• Is not a permit, architectural, engineering or construction document
• Is subject to field verification, product availability and final selections

Does not guarantee that every depicted feature can be constructed within the anticipated budget or existing conditions

Design materials created by KDI or its design partners remain subject to applicable ownership, licensing and payment terms. Customers may not provide KDI design materials to another contractor for bidding or construction unless authorized in writing.

Insurance Reconstruction and Claim Support

KDI may assist customers with qualifying insurance-funded reconstruction by documenting observed conditions, preparing construction estimates, identifying scope differences and providing reasonable supporting documentation concerning work KDI is proposing or contracted to perform.

Unless separately licensed and authorized to do so, KDI does not act as a public adjuster, insurance adjuster, attorney or insurance-coverage representative. KDI does not determine policy coverage, negotiate coverage rights or guarantee that an insurance carrier will approve or pay an estimate, supplement or repair.

The customer remains responsible for deductibles, depreciation, exclusions, upgrades and amounts not paid by the carrier.

Please review KDI’s Insurance Reconstruction and Claim-Support Terms for additional information.

Financing Information

KDI is not a bank, lender, loan broker or credit-reporting agency. Financing products that may be described or linked through the Website are offered by independent third-party providers.

Credit decisions, rates, fees, loan amounts, repayment terms, eligibility requirements, funding timelines and product availability are determined by the applicable provider and may change without notice.

Submitting a project inquiry to KDI does not constitute a financing application or guarantee financing approval.

Please review the applicable lender’s terms and KDI’s Financing Information and Disclosures before applying.

Customer Portal

KDI may provide customers with access to a project-management or customer portal. Depending on the project and activated features, the portal may include:

• Proposals and signed agreements
• Change orders
• Invoices and payment records
• Project schedules and milestone information
• Design files and selections
• Photographs and progress information
• Permit and inspection documents
• Messages and project communications
• Warranty and closeout records
• Documents requiring approval

Portal schedules and status information are planning and communication tools and may be updated as conditions change. Materials, inspections, permitting, customer decisions, concealed conditions, weather, trade coordination and approved change orders may affect the schedule.

Customers are responsible for protecting their login credentials and promptly notifying KDI of suspected unauthorized access.

The portal may be operated by a third-party provider and may also be subject to that provider’s terms and privacy practices.

Warranty Requests

Website information regarding warranty service is a general summary. The signed construction agreement and applicable written warranty determine the actual scope, duration, exclusions and procedures for warranty coverage.

Submitting a warranty request does not establish that a reported condition is covered. KDI may request documents, photographs, video, additional information or access to the property before making a determination.

Noncovered service visits, diagnostic work and specialized inspection methods may result in charges when disclosed and authorized as provided in KDI’s Warranty Information and Service Request Terms.

Information You Submit

You agree to provide information that is accurate, current and reasonably complete. You may not impersonate another person, misrepresent your authority, submit fraudulent information or knowingly conceal material information concerning a service, warranty or insurance request.

You represent that you have the right to submit any photographs, plans, documents, videos or other materials you provide to KDI.

You grant KDI a limited, nonexclusive right to receive, store, reproduce and use submitted materials as reasonably necessary to:

• Respond to your inquiry
• Evaluate a potential project
• Prepare requested services or documentation
• Administer an existing project
• Investigate a warranty request
• Maintain business and legal records
• Comply with applicable law

Submitting materials does not give KDI permission to use identifiable photographs of your property for public advertising unless KDI obtains any additional authorization required by law or agreement.

Do not submit Social Security numbers, complete banking information, passwords, medical records or other highly sensitive information through a general Website form.

Intellectual Property

The Website and its original content—including KDI’s name, logos, trademarks, photographs, graphics, designs, layouts, renderings, text, videos, project descriptions and downloadable materials—are owned by or licensed to KDI and are protected by applicable intellectual-property laws.

You may view and print Website content for your personal, noncommercial evaluation of KDI’s services. Without written permission, you may not:

• Copy, reproduce, republish or distribute Website content
• Use KDI content to advertise another business
• Remove copyright, trademark or ownership notices
• Use KDI designs or renderings for construction by another contractor
• Scrape or systematically extract Website data
• Use Website content to train a commercial artificial-intelligence system
• Suggest an endorsement, affiliation or partnership that KDI has not approved
• Modify or create derivative commercial materials from KDI content
• Acceptable Website Use

You may use the Website only for lawful purposes.

You may not:

• Attempt to gain unauthorized access to the Website, portal, server or another user’s account
• Introduce malware, viruses or harmful code
• Interfere with Website operation or security
• Conduct automated scraping, scanning or excessive requests
• Submit false, deceptive, abusive or unlawful content
• Use forms to send spam or unrelated solicitations
• Attempt to obtain confidential information
• Use another person’s identity or account without authorization
• Violate the intellectual-property, privacy or legal rights of another party

KDI may restrict or terminate Website or portal access when it reasonably believes misuse, security risk or unlawful activity has occurred.

Electronic Communications

When you submit a form or contact KDI electronically, you consent to receive communications reasonably necessary to respond to your inquiry or administer a requested or existing service.

Submitting a general inquiry does not by itself constitute consent to receive unrelated marketing calls or text messages where separate consent is required.

Any optional marketing consent should be presented separately. You may opt out of marketing text messages by replying STOP and may request removal from marketing communications using the instructions provided in the message or by contacting KDI.

Transactional or service-related communications may continue when reasonably necessary to respond to an inquiry, administer a project, provide requested information or satisfy legal obligations.

Privacy

KDI’s collection and handling of personal information through the Website are described in the KDI Privacy Policy.

Third-party financing providers, customer-portal providers, analytics services and linked websites may collect information under their own privacy policies. KDI does not control the independent privacy practices of those providers.

Third-Party Websites and Services

The Website may link to independent financing providers, manufacturers, suppliers, social-media platforms, customer portals, government agencies and other third-party services.

Links are provided for convenience and do not necessarily constitute an endorsement. KDI does not control and is not responsible for third-party content, availability, security, terms, privacy practices, representations or performance.

Your use of a third-party service is governed by the terms of that provider.

Website Accuracy and Availability

KDI strives to keep Website information accurate, but construction services, products, pricing considerations, promotions, financing programs, service areas and availability may change.

KDI does not guarantee that the Website will be uninterrupted, error-free, current or free from harmful components. KDI may correct errors, modify content, suspend features or discontinue portions of the Website without notice.

Photographs and project examples may include customized work, customer-selected upgrades or features that are not included in every project.

Website Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES CONCERNING WEBSITE OPERATION, AVAILABILITY OR THE ACCURACY OF GENERAL WEBSITE CONTENT.

THIS WEBSITE DISCLAIMER DOES NOT ELIMINATE OR REDUCE ANY EXPRESS WARRANTY OR LEGAL OBLIGATION THAT APPLIES UNDER A SIGNED KDI PROJECT AGREEMENT OR NONWAIVABLE LAW.

Limitation of Liability

To the fullest extent permitted by law, KDI will not be liable for indirect, incidental, special, exemplary or consequential damages arising solely from your use of, inability to use or reliance on the Website or a third-party link.

This limitation does not apply to liabilities that cannot lawfully be excluded or limited. It also does not replace or modify the rights, obligations, remedies or liability provisions contained in an applicable signed project agreement.

Indemnification

To the extent permitted by law, you agree to indemnify and hold KDI and its officers, employees and representatives harmless from third-party claims, damages and reasonable costs arising from:

• Your unlawful or unauthorized use of the Website
• Information or materials you knowingly submit without authority
• Your infringement of another party’s rights
• Your material violation of these Terms

This provision does not require you to indemnify KDI for KDI’s own unlawful conduct, negligence or other liability that cannot legally be transferred.

No Emergency Service

The Website, contact forms, portal and warranty-request process are not emergency-reporting systems.

For fire, gas leaks, electrical hazards, active flooding, structural instability, medical emergencies or other immediate dangers, contact 911, the appropriate utility provider or a qualified emergency-service professional.

Submission of a Website form does not guarantee immediate monitoring or response.

Suspension or Termination

KDI may suspend or terminate access to account-based Website features when reasonably necessary to protect security, investigate misuse, comply with law or administer an ended customer relationship.

Termination of Website access does not eliminate payment obligations, project responsibilities, warranty requirements or other provisions that remain enforceable under an applicable agreement.

Changes to These Terms

KDI may update these Terms to reflect changes in the Website, business practices or legal requirements.

The revised version will be posted with a new effective date. Changes will apply prospectively from the stated effective date and will not retroactively modify an existing signed construction agreement.

Continued use of the Website after revised Terms become effective constitutes acceptance of the revised Website terms.

Governing Law and Project Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute arising solely from use of the public Website will be subject to the appropriate state or federal courts located in Riverside County, California, unless applicable law requires otherwise.

A signed project agreement may contain separate mediation, arbitration, venue, notice or dispute-resolution provisions. Those project-specific provisions control disputes arising from that project.

Nothing in these Terms creates a new arbitration obligation for Website visitors.

Severability and Waiver

If a provision of these Terms is found unenforceable, it will be modified or limited only to the extent necessary, and the remaining provisions will continue in effect.

KDI’s failure to enforce a provision does not waive the right to enforce it later.

Entire Website Agreement

These Terms, together with the Privacy Policy and any other terms expressly linked to a particular Website feature, constitute the agreement governing use of the Website.

They do not replace a signed construction, design, preconstruction, warranty, financing or other project-specific agreement.

Contact KDI

Questions concerning these Terms may be directed to:

KDI Building Developments Inc.

3600 Lime Street, Building 2

Riverside, California 92501

Phone: 1-800-928-0972

Email: [email protected]

CSLB License #1137039

Licensed • Bonded • Insured