1. Binding Agreement.
a. This Terms of Service and User Agreement (“Terms”), as modified from time to time, apply to your use of this website and any and all services that Paine Ventures, LLC, d/b/a Epic Estimates (“Epic Estimates”) offers or provides (broadly “Services”). By using this website and/or ordering or using any Epic Estimates’ Services, you (hereafter “Customer”) confirms that it has carefully read, understands and agrees to the Terms. If Customer does not so confirm and agree, it must not use the website or order or use Services. Customer agrees to only use the website and Service in a manner strictly consistent with the Terms.
b. Epic Estimates may modify the website and/or Terms from time to time in its sole discretion; although, Epic Estimates is under no obligation to do so. Customer agrees to periodically check and review the Terms on this website and make sure Customer is aware of the current Terms prior to requesting any Services. Updated Terms shall be automatically effective upon Customer’s first use of the website and/or Services after the update.
c. The Terms supersedes all prior agreements, understandings and/or representations, oral or written between Epic Estimates and Customer. The Terms sets forth completely the terms of the parties’ agreement and understanding, and cannot be modified without express written consent of Epic Estimates. No verbal or other agreements modify or affect the Terms. .In the event of any inconsistency or ambiguity between the language of the Terms and any language elsewhere (e.g., and without limitation, specific pages of this website, promotional materials, social media, etc.), the language of the Terms shall strictly control.
a. Epic Estimates’ Services: the preparation of a digital restoration and/or construction industry estimate (an “Estimate”). Per Epic Estimates’ sole discretion, a separate Estimate may be prepared for each separate construction project scope of work – e.g., a water mitigation Estimate, then a separate repairs/build back Estimate, etc. Epic Estimates prepares the Estimate based, in large part, on information provided by the Customer.
b. While Estimates are often delivered within approximately three business days of order, Customer acknowledges that Epic Estimates does not agree to a particular delivery date for an Estimate; it will provide the Estimate within a commercially reasonable time. Delivery time can be affected by the quality of the Customer information provided, the type, size and/or scope of the project, etc.
c. Epic Estimates reserves the right, in its sole discretion and on a case-by-case basis, to limit the sale of its Services to any person, geographic region or jurisdiction. Epic Estimates may discontinue any Service at any time. Any offer for Services made on this website or elsewhere is void where prohibited. Epic Estimates reserves the right, in its sole discretion, to refuse any Customer order.
d. Nothing in the Terms and/or in the performance of the Services shall be deemed or construed by Customer or any third-party to create a relationship of partnership, a joint venture, or any other fiduciary relationship between Epic Estimates and Customer. Epic Estimates is not an employee of Customer. Without limitation, Epic Estimates has no responsibility whatsoever relating to Customer’s construction project work, payment negotiations regarding its work, etc.
Customer agrees to pay for the Services pursuant to the following (US dollars) and in addition to all applicable sales (and other applicable) taxes:
a. Xactimate Estimate (with sketch provided in ESX by Customer).
1.25% of the Estimate total as of the time Epic Estimates makes it available to the Customer upon its substantial completion (the “Estimate Total”) up to $100,000; plus
.75% of the Estimate Total between $100,000 and $200,000; plus
.5% of the Estimate Total above $200,000.
Minimum charge (regardless of Estimate Total): $125.
For illustrative purposes only, if the Estimate Total is $350,000 for a Xactimate Estimate (with sketch provided in ESX by Customer), the price for that Estimate is $2,750.00 (1.25% of $100,000, plus .75% of $100,000, plus .5% of $150,000).
b. Xactimate Estimate (with no sketch provided in ESX by Customer).
1.5% of the Estimate Total up to $100,000; plus
.75% of the Estimate Total between $100,000 and $200,000; plus
.5% of the Estimate Total above $200,000.
Minimum charge (regardless of Estimate Total): $150.
For illustrative purposes only, if the Estimate Total is $350,000 for a Xactimate Estimate (with no sketch provided in ESX by Customer), the price for that Estimate is $3,000.00 (1.5% of $100,000, plus .75% of $100,000, plus .5% of $150,000).
c. Symbility Estimate.
1.25% of the Estimate Total up to $100,000; plus
.75% of the Estimate Total between $100,000 and $200,000; plus
.5% of the Estimate Total above $200,000.
Minimum charge (regardless of Estimate Total): $200.
For illustrative purposes only, if the Estimate Total is $350,000 for a Symbility Estimate (with sketch provided in ESX by Customer), the price for that Estimate is $2,750.00 (1.25% of $100,000, plus .75% of $100,000, plus .5% of $150,000).
d. Other Services.
i. Estimate Line Item Rewrites (for Estimate prepared by Epic Estimate) - $1.25 per line rewritten. Minimum charge of $125. (Note: Epic Estimates is not obligated to perform any rewrites once an Estimate is delivered, but may in its sole discretion agree to do so.)
ii. Review of Estimate Prepared by Third-Party - $150 plus 1% of every dollar Estimate Total increase.
iii. Changing Existing Symbility PDF Estimate to Xactimate Estimate - $1.25 per line rewritten. Minimum charge of $125.
iv. Changing Existing Xactimate Estimate to Symbility Estimate - $1.25 per line rewritten. Minimum charge of $125.
e. Without limitation, the above pricing is not reduced if the Estimate Total is subsequently reduced for any reason by Customer, Epic Estimates and/or any third-party. If Epic Estimates incurs any reasonable expenses on Customer’s behalf relating to the Services, Epic Estimates will bill Customer for those expenses at the end of the Services and payment shall be immediately due on billing. Any deviations from or revision to from Epic Estimates’ standard Services delivery is considered additional work and shall incur additional fees if such deviation or revision is agreed to by Epic Estimates. Customer agrees that it will not duplicate, resell or exploit any part of the Services and/or this website for any purpose whatsoever.
f. Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, offers, availability, etc. Epic Estimates reserves the right to (i) correct any such errors, inaccuracies or omissions, (ii) change or update information, and/or (iii) cancel Customer orders.
a. Non-Refundable Deposit. All deposits charged by Epic Estimates are nonrefundable.
Xactimate Estimate (with sketch provided in ESX by Customer): $125
Xactimate Estimate (with no sketch provided in ESX by Customer): $150
Symbility Estimate: $200
Other Services (see above): deposit at required by Epic Estimates in its sole discretion and in no event less than the associated minimum charge.
b. Final Payment. Customer shall remit to Epic Estimates final payment of all remaining amounts owed (net of the deposit) immediately upon Epic Estimates’ substantial completion of the Estimate/Services and must be made by Customer prior to accessing the Services product. Payment is due and owing for all Services ordered regardless of whether (i) Customer ultimately seeks to access the Estimate/Services after initial ordering, (ii) Customer is awarded the underlying construction work/project, and/or (iii) Customer is paid for its work by its customer.
c. Epic Estimates follows a strict No Refund policy, except in extremely special circumstances as outlined below in this Section 4(c). Customer, by ordering the Services, agrees that all payments for Services are final and non-refundable. However, in the event Epic Estimates’ Services product is inaccurate due to a clear Epic Estimates’ error or omission, Epic Estimates’ sole obligation shall be to, in its sole discretion: (i) refund the full amount of the purchase price of such Services product, or (ii) fix the Services product and return it to the Customer at no extra cost.
d. Unless otherwise previously agreed to in writing by Epic Estimates, a valid Customer credit card number, including expiration date, CVV and billing information, is required to place an order for Services. Per Customer’s authorization, the credit card will be charged at (i) the order for Services for any deposit, then (ii) for final payment (net of the deposit). Customer agrees to promptly update its account and other information – including, and without limitation, email address, credit card information, such that Epic Estimates is able to complete the Services and contact Customer as needed. Customer agrees to strictly comply with any and all applicable third-party credit card payment processing company terms, rules and regulations. Epic Estimates shall attempt to securely store Customer’s such credit card information; however, Customer acknowledges that no method of transmission over the internet or electronic storage is 100% secure. Customer agrees to choose (and regularly update) strong and secure passwords, keep the passwords confidential and not disclose the passwords to any other person for any purpose whatsoever.
e. Any past due amounts owed by Customer shall accrue interest at the rate of 18% per annum (or the maximum rate permitted at law).
5. Customer Representations.Customer represents and warrants:
a. All information provided to Epic Estimates by Customer relating to the Services is complete, up to date and accurate.
b. Customer understands that the any Services product and/or Estimate is offered as a guideline and is intended for informational purposes only. Any Services product and/or Estimate will not be relied upon by Customer without independent verification and consulting primary, more accurate, more complete or more timely sources of information. Reliance on any website information, Services product and/or Estimate is at Customer’s sole risk.
c. Customer understands that labor, material and equipment pricing (and the like) varies significantly by region, vendor, supplier, installer and/or contractor.
d. Epic Estimates is authorized and has the right to use any media of any format, company name, project name, individual name, testimonial, Estimate documentation, PDFs, drawings, images, logos, or any other information submitted by Customer relating to the Services for marketing purposes.
e. Customer is at least the age of majority and is the legal owner of all content, including without limitation, all associated copyright and intellectual property rights and all privacy rights, submitted to Epic Estimates.
f. Customer’s use of this website and/or the Services and its providing of content does not breach any law, regulatory guidance or relevant code of conduct.
g. Customer will regularly check this website for updates to the Terms.
6. Limited Warranty and Disclaimer of Warranties.
a. As its Limited Warranty, Epic Estimates warrants only that the Services shall be provided in accordance with the Terms. Additional statements, such as those made in advertising or presentations, whether oral or written, do not constitute warranties by Epic Estimates and shall not be relied upon as such.
b. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THE LIMITED WARRANTY, EPIC ESTIMATES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
c. Without limitation, Epic Estimates does not represent, warrant or guarantee that (i) Customer’s use of this website and/or Services will be uninterrupted, timely, secure, error-free, accurate ,and/or reliable; (ii) the website or server are or fill be free of viruses or other harmful components; (iii) this website and/or Services will meet Customer’s needs or requirements, (iv) Customer’s customer and/or the insurer will accept the Services/Estimate in full or in part, (v) that the Services/Estimate will result in a successful project for Customer, (vi) the Services will meet Customer’s particular requirements, intentions or goals, (vii) the accuracy or any labor, materials or equipment pricing data, (viii) that Epic Estimates will not provide Services for different customers for the same construction project scope of work, and/or (ix) the Services will conform to any other results. Except if and as otherwise expressly provided herein, this website and the Services are being provided by Epic Estimates on an “AS IS” and “AS AVAILABLE” basis. By using this website and/or the Services, Customer expressly agrees to assume ALL risks and liabilities relating in any manner to such use – including, without limitation, the risk of human, mechanical or other error by Epic Estimates, that may cause delays, errors, or omissions. Any material downloaded or otherwise obtained through the use of this website and/or Services is done at Customer’s own discretion and risk – without limitation, Customer is solely responsible for any damage to its computer system and/or loss of data that results from the download or receipt of such material.
The above Sections 6(a) – (c) are expressly bargained for and negotiated.
7. Termination. Customer acknowledges and agrees that Epic Estimates, in its sole discretion, may terminate Customer’s order, and remove and discard any content, including, without limitation, any and all information, communications and submissions, files or images, and any other content within the Services, without notice and for any reason including, but not limited to:
a. Customer conduct that violates the Terms (or the spirit of the Terms) or other Epic Estimate website guidelines.
b. Customer conduct that Epic Estimates believes is harmful to other website users, Epic Estimates, Epic Estimates’ business or any other third-party.
c. A conflict of interest (e.g., and without limitation, Services requested by more than one customer for the same construction project scope of work).
Customer agrees that Epic Estimates shall not be responsible or liable to Customer or any third-party for any such Epic Estimates termination. Customer agrees to retain its own copies of all information and content submitted to Epic Estimates and/or this website. Customer shall immediately pay Epic Estimates for all Services performed up to the date of termination.
8. Limitation of Customer’s Damages and Customer Claim Filing Deadline.
a. Customer fully waives any entitlement and/or claims against Epic Estimates and/or its officers, directors, owners, employees, subcontractors, agents for any and all consequential, indirect, exemplary or special damages whether based in contract, tort or otherwise relating in any manner to this website, the Terms and/or the Services. This waiver includes, but is not limited to, damages for failure to obtain project work, financial and data loss, loss of income or profit, loss of use, loss of marketability, loss of goodwill, emotional distress, etc.
b. UNDER NO CIRCUMSTANCE SHALL THE TOTAL LIABILITY OF EPIC ESTIMATES AND/OR AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUBCONTRACTORS, AGENTS RELATING IN ANY MANNER TO THIS WEBSITE, THE TERMS AND/OR THE SERVICES EXCEED TWO (2) TIMES THE AMOUNT OF THE SERVICES PRICE. ALL CLAIMS AND DAMAGES IN EXCESS OF THIS AMOUNT ARE ABSOLUTELY WAIVED.
c. The foregoing Customer damages limitations also apply, without limitation, to (i) use or inability to use the website and/or Services, (ii) unauthorized access to or alteration of your transmissions by third-parties, (iii) third party content made available to you through this website and/or Services, (iv) inaccuracies, errors, omissions or misrepresentations in this website and/or Services, (v) differences in the pricing/information reflected in the Estimate and actual/final pricing/information, and/or (vi) any other damages of any type involving or relating in any manner to this website and/or the Services.
d. Any Customer claims, actions, arbitrations, lawsuits or other proceedings (broadly a “Lawsuit”) against Epic Estimates and/or its officers, directors, owners, employees, subcontractors, agents (including a counterclaim) relating in any manner to this website, Terms and/or Services, whether based in contract, tort or otherwise, must absolutely be filed (in the appropriate Superior Court or with AAA at Epic Estimate’s option as set forth in Section 12(b) below) within twenty-four (24) months of the earlier of (i) Customer’s use of this website (the use giving rise to the Lawsuit), or (ii) Customer’s order of the Services (the Services giving risk to the Lawsuit). If Customer fails to timely do so, any such Lawsuit against Epic Estimates and/or its officers, directors, owners, employees, subcontractors, agents (including a counterclaim) shall be waived, void and absolutely barred.
The above Sections 8(a) – (d) are expressly bargained for and negotiated.
9. Prohibited Uses
In addition to other prohibitions set forth in the Terms, Customer is strictly prohibited from using this website and/or the Services: (a) for any unlawful or improper purpose; (b) to solicit others to participate in any unlawful or improper acts, (c) to violate any local, state, federal or international regulations, rules or laws; (d) to infringe upon or violate Epic Estimates’ intellectual property rights or the intellectual property rights of third-parties; (e) to harass, abuse, harm, defame, slander, disparage, or illegally discriminate; (f) to submit false or misleading information; (g) to upload or otherwise transmit in any manner viruses or any other type of malicious computer code or content (e.g., and without limitation, worms, Trojan horses, corrupt files, etc.) or any associated links that may be used in any manner that will affect the functionality or operation of this website and/or the Services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, crawl or scrape; (j) to decompile, reverse engineer, disassemble, modify or create derivative works of the Services, (k) to utilize robotic process automation, artificial intelligence, or any other similar automation tools, software technology or processes to access this website or use the Services, and/or (l) to interfere with or circumvent the security features of this website and/or the Services or any related website, other websites, or the internet. Without limitation, Epic Estimates reserves the right to terminate your use of this website and/or the Services or any related website for violating any of the prohibited uses.
10. Third-Party Links.
Third-party links on this website may direct Customer to third-party websites that are not affiliated with Epic Estimates. Epic Estimates is not responsible for examining or verifying any third-party content or its accuracy. Epic Estimates shall have no liability or responsibility for any third-party websites, content, materials, products and/or services. Without limitation, to the extent Services may contain content obtained from third-party sources, Customer acknowledges that Epic Estimates does not warrant nor is Epic Estimates responsible or liable for such content. Any such third-party content is provided “AS IS” and “AS AVAILABLE.” Customer waives and releases Epic Estimates from any and all claims and damages relating in any manner to third-party links, websites, content, materials, products and/or services.
CUSTOMER AGREES TO HOLD HARMLESS, DEFEND, AND FULLY INDEMNIFY EPIC ESTIMATES, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS FROM ANY AND ALL DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS AND EXPERT FEES), CLAIMS OR ACTIONS NOW, OR ANY TIME IN THE FUTURE WHICH MAY ARISE OUT OF OR RELATE IN ANY MANNER TO:
a. Any Customer misrepresentation.
b. Any Customer failure to provide accurate and complete information to Epic Estimates relating to the Services.
c. Any Customer breach of the Terms.
d. Any Customer violation of any law or the rights of any third-party.
e. Any activity relating to Customer’s order of the Services, including, without limitation, any negligent or wrongful conduct by Customer or any other persons acting on Customer’s behalf with or without Customer’s knowledge.
f. Any improper use or disclosure of your identification and/or passwords.
g. Epic Estimates providing Services to more than one customer for the same construction project scope of work.
h. Any third-party dispute relating in any manner to the Services and/or Estimate – e.g., and without limitation, a dispute involving Customer’s customer, Customer customer’s insurer, and/or other construction project participants, etc.
Customer further waives, releases, acquits and forever discharges Epic Estimates, its officers, directors, owners, employees, subcontractors and agents, of and from any and all claims, damages, costs, expenses, attorneys’ fees, harms or losses whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Customer now has or may have or which may arise in the future arising out of or relating in ANY manner to the issues or conditions identified in the above Section 11 (a) – (f). The parties intend for this waiver and release (and any other waiver and release set forth in the Terms) to be interpreted as broadly as permitted under the law.
If and only if a court of competent jurisdiction or arbitrator rules that RCW 4.24.115 applies to Epic Estimates providing Services to Customer, then: (1) For the above obligation of Customer to indemnify, defend and hold harmless arising out of bodily injury to persons or damage to property, if such claim or damage is caused by or results from the concurrent negligence of (a) Epic Estimates and/or Epic Estimates’ agent, servant or employee and (b) Customer and/or Customer’s agent, servant, or employee, the above indemnity provisions provided herein shall be valid and enforceable only to the extent of Customer’s and/or Customer's agent’s, servant’s or employee’s negligence; and (2) Customer is not required to indemnify, defend and hold Epic Estimates harmless for claims, actions, lawsuits or damages caused by the sole negligence of Epic Estimates or Epic Estimates’ agent, servant or employee.
The above full Section 11 is expressly bargained for and negotiated.
12. Dispute Resolution.
a. Mandatory Mediation for Customer Claims. The parties agree to attempt to resolve any Customer claim against Epic Estimates through good faith negotiation as a condition precedent to Customer commencing any legal proceeding, except where commencing a legal proceeding is necessary to preserve the claim deadline set forth in Section 8(d) above. If negotiation is not successful, then before Customer beginning any legal proceeding, other than to enforce this Section and except where commencing a legal proceeding is necessary to preserve the claim deadline set forth in Section 8(d) above, the parties further agree to engage in non-binding mediation for all Customer claims against Epic Estimates conducted by a mediator selected by them. If the parties are unable to agree upon a mediator, then unless the parties agree otherwise, the mediation will be in accordance with the American Arbitration Association under its Construction Industry Mediation Procedures. Either party may give written notice to the other party requesting mediation for Customer’s claim and the parties agree to use their best efforts to conduct the mediation within sixty (60) days of the notice. The parties will share the cost of mediation equally. The above mandatory mediation language shall not apply to Epic Estimates’ claims against Customer.
b. Epic Estimates Forum Option. For all disputes not resolved through negotiation and mandatory mediation (as applicable to Customer claims against Epic Estimates only as set forth above), then at the sole discretion of Epic Estimates the claims may be pursued either (i) in King County Superior Court (Seattle, Washington) or (ii) via binding arbitration by arbitration administered in Seattle, Washington by the American Arbitration Association (“AAA”) under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Upon Customer’s written request, Epic Estimates will within forty-eight (48) hours notify Customer of the Epic Estimates-desired forum for any Customer claims.
13. Personal Information.
The Terms shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and permitted assigns. Customer is not permitted to assign nor transfer the Services, Terms, or any rights hereunder without the prior written consent of Epic Estimates. The performance, interpretation and enforcement of the Terms shall be governed in accordance with the laws of the State of Washington. The prevailing party to any Superior Court lawsuit or binding arbitration shall be entitled to recover its reasonable pre-judgment and post-judgment attorneys’ fees, costs and expenses, including expert fees. In the event any clause or provision of the Terms shall be held to be invalid or illegal, then the remaining clauses and provisions shall nevertheless be and remain in full force and effect. Epic Estimates’ failure or delay to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any ambiguity in the Terms shall not be construed against the drafting party. Customer consents to receiving all information and notices from Epic Estimates electronically (e.g., via email or through the Services). The Terms Section titles are for convenience only and do not represent part of the agreement between the parties.