Modern Estimates™

Website Terms of Use

Last Updated: March 20, 2025

Welcome to Modern Estimates!

Access to our website https://modernestimates.com/ (the “Site”) and use of any software, services, technology or tools on this Site is governed by these Terms of Use (defined below). The Terms of Use are important and affect your rights and responsibilities. Please review them carefully before using the Site. Your use of the Site is your acceptance and your agreement with these terms of use, which are a binding agreement between you and us.

These terms of use are entered into between you and Modern Estimates, LLC (“Modern Estimates,” “we,” “us,” or “our”). The following terms and conditions, together with any documents, policies, notices, or other terms and conditions that are described as incorporated into these terms of use (collectively, “Terms of Use”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, and this is true regardless of whether you access the Site as a guest or as a registered user.

Acceptance of the Terms of Use

By using the Site, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Site. Modern Estimates may terminate your ability to use the Site without notice if you do not comply with the Terms of Use.

All information Modern Estimates collects on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Notice.

The Site is offered and available only to users who are 18 years of age or older and reside in the United States. By using this Site, you represent and warrant that you are at least 18 years old, you are able to form a binding contract with Modern Estimates, and you live in and are accessing this Site from the United States. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site. Your continued use of the Site after we post revised Terms of Use means that you agree to and are bound by the changes. You are expected to check this page each time you access this Site, so you are aware of any changes.

Accessing the Site, Changes to the Site, and Account Security

We reserve the right to withdraw, change, edit, or amend this Site, and any services or material we provide on the Site, in our sole discretion and without notice. We will not be liable to you or anyone else if for any reason all or any part of the Site is modified or unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or to the entire Site. We may update the content on this Site from time to time, but its content is not necessarily complete or current. Any of the material or content on the Site may be out of date at any given time, and we are under no obligation to update such material or content.

You are responsible for both:

•   Making all arrangements necessary for you to have access to the Site.

•   Ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide or upload to this Site, whether to register, to use any functionality, interactive features, or tools accessible on this Site, or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy or any other terms described in this Terms of Use and any specific terms of use that apply to a particular service, functionality, interactive feature, software, or tool accessible from this Site. Some interactive features or tools that are accessible from this Site may have additional terms or information rights to content you provide or upload. You are responsible for carefully reviewing and understanding the related terms of use before accessing or using any interactive feature or tool.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security or unauthorized disclosure of confidential information. You also agree to ensure that you securely exit from your account at the end of each session (not leaving it open to access by others). You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms of Use or we otherwise notice conduct that puts the Site at risk or jeopardizes the safety and security of the Site, your account or access, or the accounts or access of any other users of this Site.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, tools, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Estimates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

•   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•   You may store files that are automatically cached by your Web browser for display enhancement purposes.

•   You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

•   If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our terms of use and any end user license agreement for such applications.

•   If we provide social media features or links for social media purposes with certain content, you may take the actions that are enabled by those features.

You must not:

•   Modify copies of any materials from our Site.

•   Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

•   Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

•   Publish, transmit, distribute, or sell any content from this Site or produced from this Site.

You must not access or use for any commercial purposes any part of the Site or any services, software, tools, or materials available through the Site. If you wish to print, download, modify, or make any other use of material on the Site other than as specifically authorized in the Terms of Use, you must receive our advance consent. Please address your request to copyright@modernestimates.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Modern Estimates. Any use of the Site not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Trademarks, Logos, and Other Proprietary Information

The Modern Estimates name, the Modern Estimates logo, the MEasure™ name and logo, and all related names, logos, product and service names or logos, designs, and slogans are trademarks of Modern Estimates or its licensors. All other names, logos, product and service names, designs, and slogans on this Site or accessible from this Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of Modern Estimates or the owner of the mark.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with the Terms of Use. You agree that you will not:

•   Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

•   Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors, yourself, or any other person in any way, including without limitation, by exposing them to inappropriate content, asking for personally identifiable information, harassing, bullying, or otherwise.

•   Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.

•   Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

•   Impersonate or attempt to impersonate Modern Estimates, a Modern Estimates employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

•   Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Modern Estimates or users of the Site, or expose them to liability or reputational harm.

•   Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

•   Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

•   Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.

•   Use any device, software, or routine that interferes with the proper working of the Site.

•   Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

•   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

•   Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

•   Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, tools, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, upload, or transmit (collectively, “Post”) to other users or other persons, or to Modern Estimates or our licensors, service providers or vendors, content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in the Terms of Use.

Any User Contribution that you Post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and assigns of each, the forever right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant to us that:

•   You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and assigns of each.

•   All of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Modern Estimates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

•   Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

•   Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Modern Estimates.

•   Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

•   Terminate or suspend your access to all or part of the Site if you violate any provision of the Terms of Use or if we otherwise notice conduct that puts the Site at risk or jeopardizes the safety and security of the Site, your account or access, or the accounts or access of any other users of this Site or other persons.

We also have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MODERN ESTIMATES AND ITS AFFILIATES, LICENSORS, LICENSEES, VENDORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE PREVIOUSLY LISTED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS.

However, we cannot and do not undertake to review User Contributions or user Posted content before it is posted on the Site and cannot ensure prompt removal of objectionable contributions or content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided or Posted by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•   Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

•   Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

•   Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

•   Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy.

•   Be likely to deceive any person.

•   Promote any illegal activity, or advocate, promote, or assist any unlawful act.

•   Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

•   Impersonate any person or misrepresent your identity or affiliation with any person or organization.

•   Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

•   Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Unsolicited Ideas Sent to Modern Estimates

Modern Estimates does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The purpose of this notice is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted or presented to us. Do not send your unsolicited ideas to us or any of our employees, service providers, agents, or vendors. If you do send any such ideas, information or materials, we cannot and do not provide any assurances that they will be treated as confidential or proprietary.

Copyright Infringement and Trademark Violations

We respect the intellectual property rights of others, and we ask you to do the same. If you believe that Modern Estimates or any other content provider on our Site or any user has violated your copyright, trademark, or other intellectual property right that you own or claim, please contact us at copyright@modernestimates.com.

We take claims of copyright infringement seriously, and it is Modern Estimates’ policy to terminate in appropriate circumstances the user accounts of repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law and in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our designated copyright agent in accordance with our Copyright Policy. The Copyright Policy also includes procedures for providing a counter notice, if you believe that material you posted on the Site was removed by mistake or misidentification. To be effective, your notice or counter notice must be submitted as described in the Copyright Policy and include all of the information required under the Copyright Policy to be included in the notice or counter notice.

No Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties and may include content provided by other users of the Site. All statements and content Posted or added to the Site by third parties or other users are solely the responsibility of the person or entity Posting the content, and any opinions contained within such content are solely the opinions of the Poster of the content (and not our opinions). We are not responsible, or liable to you or any third party, for the content or accuracy of any content Posted or provided by any third parties or users of the Site.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, the Terms of Use, or any applicable additional terms of use associated with any interactive feature or tool that you use on the Site.

You can find the additional terms of use for our MEasure estimates tool here and the supplemental terms applying to any tools or interactive features that use or make use of artificial intelligence (“AI Terms”) Here.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, affiliation, approval by us, or endorsement of you or the content that includes our link, without our advance, written consent.

This Site may provide certain features that enable you to:

•   Link from your own or certain third-party websites to certain content on this Site.

•   Send emails or other communications with certain content, or links to certain content, on this Site.

•   Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, only with respect to the content they are displayed with, and only in accordance with any additional terms and conditions we provide with respect to such features.

You must not:

•   Establish a link from any website that is not owned by you.

•   Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

•   Link to any part of the Site other than the homepage.

•   Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of the Terms of Use or our Privacy Policy.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are available to you for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site (Modern Estimates) is based in the State of Washington in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Warranties – Disclaimers

Viruses and Destructive Code, Bugs, Cyberattacks

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site or tools available on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any back-up or reconstruction of any data that may become lost to you. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, BUGS, DESTRUCTIVE CODE, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR TOOLS OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL OR ACCESSING ANY WEBSITE LINKED FROM THE SITE.

Use of the Site is at Your Own Risk

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES, TOOLS, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES, TOOLS, OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MODERN ESTIMATES NOR ANY PERSON ASSOCIATED WITH MODERN ESTIMATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MODERN ESTIMATES NOR ANYONE ASSOCIATED WITH MODERN ESTIMATES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES, TOOLS, OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES, TOOLS, OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MODERN ESTIMATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MODERN ESTIMATES, ITS AFFILIATES, OR THEIR LICENSORS, LICENSEES, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY TOOLS OR WEBSITES AVAILABLE OR LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE MAXIMUM COLLECTIVE LIABILITY OF MODERN ESTIMATES AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, LICENSEES, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Modern Estimates, its affiliates, licensors, licensees, vendors, and service providers, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns of each, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site’s content, services, tools, and products, other than as expressly authorized in the Terms of Use.

Dispute Resolution

Please read the provisions below carefully because they apply to resolution of any and all disputes between us and govern how and when claims you may wish to pursue against Modern Estimates must be brought. THESE PROVISIONS REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) WITH LIMITED EXCEPTION, SUBMIT CLAIMS YOU HAVE AGAINST MODERN ESTIMATES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

Governing Law and Jurisdiction

The laws of the State of Washington will govern the Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws. We agree that the venue (location) for resolving any and all disputes will be King County, Washington, unless we otherwise agree in writing during the Negotiated Resolution Process described below.

Notice and Negotiation Period Required Before Pursuing Your Claim

You and we agree that most disputes can be resolved without resort to litigation or arbitration. If you have any dispute with us or a potential claim, you agree that before taking any formal action you will contact us at copyright@modernestimates.com and provide a brief, written description of the dispute or claim and your contact information (including your username, if your dispute relates to an account). You and we will use reasonable efforts to resolve the dispute directly through communication with each other, and these advance good faith negotiations will be a condition to either you or Modern Estimates initiating further action (the “Negotiated Resolution Process”), except in the case of Excluded Disputes (defined below).

If we do not reach an agreed-upon solution with you within a period of 30 days from the time the Negotiated Resolution Process begins, then either you or Modern Estimates may initiate binding arbitration as the sole means to resolve any dispute (except for Excluded Disputes) subject to the terms set forth below. See below for more information regarding initiating an arbitration. The Negotiated Resolution Process begins when the parties have acknowledged and set an agreed upon date to begin good faith negotiations. If either party refuses to respond, engage, or set a reasonable and prompt date to begin negotiations then, at the other party’s sole option, the Negotiated Resolution Process (and the start of the 30-day period) will be deemed to begin on the date five days after you send notice to us at copyright@modernestimates.com that includes the information required above or we send notice to you at the email (a) that you used to register on this Site, (b) that you used to register, request or use any services or tools available on this Site, or (3) from which you sent any communications or notices to us.

WAIVER OF TRIAL BY JURY

YOU AND MODERN ESTIMATES AGREE TO THE DISPUTE RESOLUTION PROVISIONS IN THE TERMS OF USE. BY DOING SO, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY AND ALL CLAIMS. YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Mandatory Arbitration

If you and we are not able to agree on a resolution to the dispute or claim during the Negotiated Resolution Process, any controversy, dispute, or claim arising out of or relating to the Terms of Use or your access to or use of the Site or any content, services, tools, materials, or other data or information provided on the Site, other than Excluded Disputes (defined below), must be settled by arbitration before a single arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with its rules that are applicable to the claim, as in effect at the time of the claim, and expenses between the parties will be allocated as determined by the applicable AAA rules.

AAA Consumer Arbitration Rules

AAA Commercial Arbitration Rules

This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings must be held in King County, Washington, or if the parties agree or if such jurisdiction is not reasonably accessible to you, the arbitration may be held remotely, and any judgment on the award rendered may be entered in any court that has appropriate jurisdiction. The parties are permitted to request the arbitrator to apply sanctions in the form of the other parties’ arbitration costs and fees, if the arbitrator finds that the claims are frivolous or brought for an improper purpose.

Within the first 30 days of your first use of the Site, you may opt-out of this mandatory arbitration provision by sending us written notice of your decision clearly marked “Opt-out to Mandatory Arbitration under the Terms of Use for the Modern Estimates LLC website” to the mailing address (do not send by email) set forth below under the heading “Your Comments and Concerns.” This opt-out will only be effective if we receive it within 30 days of your FIRST use of the Site, or in the case of updates to the Mandatory Arbitration provision, if you do not wish to agree to the updates, within 30 days of your first visit to the Site following the effective date of the update. Opt-outs to updates to the Mandatory Arbitration provision will only apply to the updates, and you will still be bound by the previously accepted provision. If you properly opt-out, you only need to do so one-time, and you will be considered to have opted-out of all subsequent updates as well, unless you withdraw your opt-out. If you opt out of the mandatory arbitration provisions, Modern Estimates will also not be bound by them. If you opt-out of the mandatory arbitration provisions, you will still be bound by all other dispute resolution provisions in the Terms of Use, including without limitation the Negotiated Resolution Process, the class action waiver, the waiver of trial by jury, and the limitation on the time to file claims.

Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis or on any basis where your claim is combined or consolidated with claims of any other users, persons, or entities. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

You and Modern Estimates agree that an arbitrator will not have authority to conduct a class arbitration of any Dispute. You and Modern Estimates further agree that any arbitration or court action to resolve any dispute will take place on an individual basis without resort to any form of class, consolidated, or representative action (the “Class Action Waiver”). YOU UNDERSTAND AND AGREE THAT THIS CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION FOR ANY DISPUTE, INCLUDING CONSUMER DISPUTES AND BUSINESS DISPUTES. If any court or arbitrator determines that the Class Action Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class or consolidated basis, then the mandatory arbitration provisions in this Terms of Use will be null and void in their entirety and neither you nor Modern Estimates will be required to or deemed to have agreed to arbitrate disputes.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Excluded Disputes

Excluded Disputes may only be brought in any state or federal court of competent jurisdiction located in King County, Washington. Excluded Disputes means any of the following:

•   Disputes relating to or arising from misappropriation, infringement, validity and/or enforceability of a party’s intellectual property rights (including patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

•   Any motion by a party seeking entry of a temporary restraining order, preliminary injunctive relief, or permanent injunctive relief.

•   Any claims that, as a matter of law, the parties cannot agree to arbitrate.

•   You may elect, after providing notice to us, to pursue your claim in small-claims court rather than arbitration if you notify us in advance at copyright@modernestimates.com of your intention to do so within 60 days of the occurrence giving rise to (or that you allege gave rise to) your claim. The small-claims court proceeding will be limited solely to your individual dispute or controversy. You cannot combine your small-claims action with any other parties. In addition to the notice required in this paragraph, you must comply with the applicable small-claims court process to properly notify or serve the defendants.

Term and Termination

The Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, certain provisions of the Terms of Use and the Privacy Policy that by their nature are intended to survive after your use of the Site has ended, will survive and remain in effect and binding. Provisions that survive include without limitation “No Warranties,” “Limitations of Liability,” “Indemnification,” and “Dispute Resolution.”

You agree that Modern Estimates, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting from your use of or loss of access to the Site.

Waiver and Severability

If Modern Estimates waives or agrees to waive any term or condition set out in the Terms of Use, this waiver or agreement is not and will not be interpreted as a continuing waiver of such term or condition or a waiver of any other term or condition. Modern Estimates does not waive any rights or provisions of the Terms of Use by failing to assert or enforce those rights or provisions.

If any court, arbitrator, or other tribunal with jurisdiction finds any provision of the Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitutes the sole and entire agreement between you and Modern Estimates with respect to the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site, except as incorporated into the Terms of Use.

Your Comments and Concerns

Modern Estimates may contact you regarding the Terms of Use or the Privacy Policy using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Modern Estimates, you can click on the “unsubscribe link” provided in such communications or contact us at copyright@modernestimates.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, the Terms of Use, or the Privacy Policy, please contact us at copyright@modernestimates.com or by mail at:

Modern Estimates, LLC

ATTN: Legal Department

300 Admiral Way #105

Edmonds, WA 98020

EFFECTIVE DATE: March 20, 2025

Additional Terms of Use for the MEasure™ Estimates Tool

Modern Estimates™

Last Updated: March 20, 2025

These additional terms of use for the MEasure™ estimates tool (“MEasure”), together with the Terms of Use for the Modern Estimates™ website (the “Site”) and the AI Terms (collectively, the “Estimate Tool Terms”), govern your access to and use of the MEasure estimates tool, along with any related estimates, orders, or requests you receive through use of MEasure. All capitalized terms used but not defined in these additional terms for the MEasure will have the meanings assigned to those terms in the Terms of Use for the Site or the AI Terms.

By using MEasure, you accept and agree to be bound and abide by the Estimate Tool Terms. Please read the Estimate Tool Terms carefully, as these terms affect your rights and responsibilities. If you do not want to agree to all of these terms, you must not access or use MEasure. Modern Estimates or its licensor may terminate your ability to use MEasure without notice if you do not comply with the Estimate Tool Terms.

MEasure is offered and available only to users who are 18 years of age or older and reside in the United States. By using MEasure, you represent and warrant that you are at least 18 years old, you are able to form a binding contract with Modern Estimates, and you live in and are accessing the Site and MEasure from the United States. If you do not meet all of these requirements, you must not access or use the Site or MEasure.

Modern Estimates or its licensors may update the Estimate Tool Terms from time to time. When these changes are made, Modern Estimates will make a new copy of the Estimate Tool Terms available at [link]. You understand that MEasure is made available to you at no charge for limited personal, non-commercial use only. If you use MEasure after the date on which the Estimate Tool Terms have changed, your continued use of MEasure is and constitutes for all purposes acceptance of the updated Estimate Tool Terms. If you have a paid account or paid subscription, the new Estimate Tool Terms will apply to that account or subscription upon your renewal or upgrade.

Modern Estimates or its licensors may suspend or discontinue MEasure at any time.

Collection of Information by MEasure

All information Modern Estimates collects through MEasure is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Policy or the Estimate Tool Terms.

You acknowledge that Modern Estimates or its licensors may, directly, or indirectly through third parties, collect and store information regarding use of MEasure and about how you access or use MEasure. If you upload pictures into MEasure, you must comply with the instructions in MEasure. Do not upload any pictures that contain identifiable information or data (for example, personal papers, clothing with names or logos, family photos, any person or pet, and the like). Carefully inspect the area before taking the photo to ensure that there is no identifiable information, persons, or pets in the picture.

By using MEasure or adding or uploading information, content, or pictures into MEasure, you agree to the following:

•   The content or pictures comply with the Terms of Use for the Site, including without limitation, the terms pertaining to user content and User Contributions.

•   Your data and pictures and the content of your pictures can be used by Modern Estimates and its licensors and licensees for any purposes consistent with the Estimate Tool Terms or the Privacy Policy and for purposes of:

   •   Providing any estimates or information requested.

   •   Following-up with you about your estimate or any services that you may request.

   •   Providing any services you may request from us or our vendors or service providers.

   •   Improving the performance or security of MEasure, supporting or providing maintenance for MEasure, or developing updates.

   •   Aggregating with the input of other users and using all input, data, and User Contributions to train, test, or otherwise improve MEasure.

   •   Verifying your compliance with the Estimate Tool Terms.

   •   Defending Modern Estimates or its licensors, licensees, affiliates, vendors, service providers, employees, agents or contractors in any disputes or claims you may assert or allege against us.

•   License to Content: You hereby grant to us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and the successors and assigns of each, the perpetual (forever) and unlimited right to use your data and pictures, including the content of pictures, for all purposes listed in #2 above. You represent that you own or control all rights in and to your information, content, and pictures, and have the unlimited right to grant these use rights and this license.

•   You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Modern Estimates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

•   If you are accessing the MEasure estimates tool from the website of a vendor, supplier, services provider, or other Modern Estimates licensee (“ME Licensee,” also an included “licensee”), Modern Estimates may be required to and will provide your contact information, along with information regarding your use of and any estimates generated for you through MEasure, to the applicable ME Licensee. In this case, use of your information by the ME Licensee may be determined by a privacy notice or terms of use available on the website of the ME Licensee. We do not control and are not responsible for your use of the website of the ME Licensee or any use of your information by the ME Licensee.

Estimate Terms

MEasure is designed to generate estimates only for labor and (where available) supplies and materials for your flooring project, based on the content, information, measurements, or pictures that you provide to MEasure and the products, services, and pricing of the applicable ME Licensee. This estimate may not include the cost of materials and, if it does, it may not include all supplies and materials required for your flooring project. If after reviewing the estimate generated by MEasure, you are interested in proceeding with a project, the ME Licensee is responsible for contacting you to review your project and to schedule a time with you to confirm the accuracy and completeness of your estimates for the project. The final costs of your project may be the same or may differ significantly from the estimate generated by you through MEasure. Modern Estimates does not provide any services, supplies, or materials for your project, and the ME Licensee is solely responsible to work with you to complete your project. You have no recourse against Modern Estimates for your estimates, your flooring project, or any actions or failures to act by the ME Licensee. Please contact the ME Licensee, and not Modern Estimates, if you have any questions regarding your MEasure estimates or your flooring project.

You agree to the following, with respect to any estimate you receive through MEasure:

•   You understand that any estimate is based on the information that you submit, and you will not rely on the estimate as a contract or a final estimate for the project. The applicable ME Licensee reserves the right to accept or reject any estimate or project. The estimate is not a contract or an agreement by the ME Licensee to provide the services for your project.

•   Modern Estimates has your consent to provide your contact and estimates information to the applicable ME Licensee, and such ME Licensee has your permission to reach out to you to discuss the estimates and your project, to provide your information to contractors and service providers for this purpose, and to generate referrals for you to service providers not affiliated with the ME Licensee if your project is outside of their service area.

•   An estimate is only an estimate. Your final project may cost more than the estimate, particularly in situations, including without limitation, where the project is expanded, changed, or modified by you, or during installation, unexpected hazards or other circumstances are discovered that were not visible during the estimate. Although we have confidence in the accuracy of MEasure, you will not rely on any estimates generated by MEasure that have not been further verified by the applicable ME Licensee.

•   Estimates generated by MEasure contain confidential information of Modern Estimates and the applicable ME Licensee. You will not share the estimates, other than with others who are decisionmakers with respect to the project. You may, of course, discuss the estimate with the ME Licensee (the owner of the website through which you accessed MEasure).

•   Your use of MEasure is voluntary and free to you for a limited number of estimates for personal use only, and you will comply with the Estimate Tool Terms. Your access to MEasure will be blocked if you misuse MEasure or do not comply with the Estimate Tool Terms. We also reserve the right to block your use of MEasure if we are requested to do so by an ME Licensee.

Intellectual Property Rights

MEasure and its entire contents, features, and functionality (including but not limited to all information, software, tools, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Estimates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Estimate Tool Terms permit you to use MEasure and the estimates generated from MEasure for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in MEasure or on the Site, except as follows:

•   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•   You may store files that are automatically cached by your Web browser for display enhancement purposes.

•   You may print or download up to two copies of any estimate generated for you by MEasure, along with any terms and conditions that apply to that estimate, for your own personal, non-commercial use and not for further reproduction, publication, or distribution or sale. The estimates contain confidential information and copyrighted works of Modern Estimates and its licensors and licensees, so you agree that you will not provide the estimates or copies of the estimates to other parties, but you will limit disclosure and use to you and any other persons who are assisting you with the decision to proceed or not proceed with your flooring project.

You must not:

•   Modify any output, estimates, terms, or other materials from MEasure or use any such content separately from accompanying terms or text.

•   Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

•   Delete or alter any copyright, trademark, or other proprietary rights notices from the Site, MEasure, or any estimates or other materials or content generated from MEasure.

•   Access or use MEasure for any commercial purposes or in any way other than its intended use to generate estimates for personal use.

•   Publish, transmit, distribute, or sell any content from MEasure or produced from MEasure.

If you wish to use MEasure in any way other than that set out in the Estimate Tool Terms, you must receive advance consent from Modern Estimates. Please address your request to: [email].

If you print, copy, modify, download, or otherwise use or provide any other person with access to MEasure in breach of the Estimate Tool Terms, your right to use MEasure will end immediately and you must, at our option, return or destroy any output and all copies of any output that you have received from or through MEasure. No right, title, or interest in or to MEasure or any output through or from MEasure is transferred to you, and all rights not expressly granted are reserved by Modern Estimates and its licensors. Any use of MEasure not expressly permitted is a breach of the Estimate Tool Terms and may violate copyright, trademark, and other applicable laws.

Incorporation of Terms of Use for the Site and AI Terms

The Terms of Use for the Site and the AI Terms are incorporated into the Estimate Tool Terms and are part of the binding contract between you and Modern Estimates for use of MEasure. References to the Terms of Use in the Terms of Use for the Site, will be deemed to include the Estimate Tool Terms and references to the Site or “tools” will be deemed to include MEasure. Please carefully review the Terms of Use, including without limitation the “No Warranties,” “Limitations of Liability,” “Indemnification,” and “Dispute Resolution” terms, as those terms affect your rights and responsibilities and include required processes and procedures for disputes or claims you may wish to pursue against us. These terms include a waiver by you and us of any rights to a trial by jury, a mandatory 30-day Negotiated Resolution Process, and other than for Excluded Claims, mandatory arbitration of claims not settled in the Negotiated Resolution Process, and a limitation on time to file claims. No class actions or consolidated proceedings are permitted.

If there is a direct conflict between the additional terms of use for MEasure and the Terms of Use for the Site, with respect to MEasure, the additional terms of use for MEasure will prevail.

Geographic Restrictions

Modern Estimates is based in the State of Washington in the United States. The Site is for use only by persons located in the United States. MEasure may not be accessible, available for use, or able to provide estimates in all states and may be limited to certain states and areas where a ME Licensee does business. Your project may be referred to other providers of installation services, supplies, or materials for flooring projects that may be appropriate for your project in your area or MEasure may generate referrals for you to consider. We are not affiliated with or responsible for any services provided or products sold by ME Licensees or other providers of products or services.

We make no claims that MEasure or any of its content is appropriate or complies with applicable laws and regulations outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Entire Agreement

The Estimate Tool Terms constitutes the sole and entire agreement between you and Modern Estimates with respect to MEasure and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to MEasure, except as incorporated into the Estimate Tool Terms.

Your Comments and Concerns

Modern Estimates may contact you regarding the Estimate Tool Terms, any estimate generated by MEasure, or the Privacy Policy using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Modern Estimates, you can click on the "unsubscribe link" provided in such communications or contact us at copyright@modernestimates.com. Modern Estimates cannot unsubscribe you from receiving emails from a ME Licensee, so please contact that ME Licensee to unsubscribe.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, MEasure, any terms of use, or the Privacy Policy, please contact us at copyright@modernestimates.com or by mail at:

Modern Estimates, LLC

ATTN: Legal Department

300 Admiral Way #105

Edmonds, WA 98020

EFFECTIVE DATE: March 20, 2025

Supplemental AI Terms

Last Updated: March 20, 2025

These supplemental AI terms (the “AI Terms”), together the above Terms of Use for the Site, and any additional terms of use for any AI Tools (defined below) and into which these AI Terms are incorporated, are referred to herein as the “TOU” and govern your use of the AI Tools available to you via the Site, along with any related estimates, orders or requests you receive through use of the AI Tools. All capitalized terms used but not defined in these AI Terms will have the meanings assigned to those terms in the TOU.

Modern Estimates may update these AI Terms from time to time. When these changes are made, Modern Estimates will make a new copy of the AI Terms available at Terms of Use. You understand that if you are using a free AI Tool or accessing a free, free trial or beta version of any AI Tools on the Site, and you use the AI Tools after the date on which the AI Terms have changed, Modern Estimates and its licensors will treat your continued use of the AI Tools as acceptance of the updated AI Terms. If you have a paid account or paid subscription, the new AI Terms will apply to that account or subscription upon your renewal or upgrade.

Modern Estimates may suspend or discontinue the AI Tool offerings (including without limitation, the availability of any tool, service, or feature) at any time.

1.  Definitions

“AI Tools” means any generative tools, software, features, functionality, or component of the services, tools or offerings made available to you via the Site that incorporates, uses, depends on, or employs any AI Technology.

“AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts, content, documents, pictures, video, or any other user inputs.

2.  AI Tools are Optional Features

You acknowledge that your use of any AI Tool available on the Site is optional, and you are free to stop using any AI Tool at any time. If you are using an AI Tool through a subscription, your use and obligation to pay the subscription fees will be governed by the applicable terms of use and license agreement that you agreed to in connection with the subscription.

3.  Use of AI Tools

You may provide or upload input, User Contributions, or other content to be processed by the AI Tools and receive output generated and returned by the AI Tools based on the input. Subject to the terms of use associated with the AI Tool, certain input may become the property of Modern Estimates or its licensors or licensees. In other cases, the input may remain your property, but you grant Modern Estimates and our affiliates, licensors, licensees, vendors, and service providers, and the licensees, successors, and assigns of each, the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Please read the terms of use associated with any AI Tool that you access and use and be sure that you understand the TOU and, with respect to Personal Information, our Privacy Policy.

All output that you receive from the AI Tools is for your personal, non-commercial use only. This output is and remains the property of Modern Estimates; however, we grant to you a limited, non-exclusive license to use the output for your personal, noncommercial use. You acknowledge that output may not be unique, and the AI Tools may generate the same or similar output for any number of users. We have no obligation to update or keep any output or copies of any output available to you for any period of time in any AI Tools or otherwise.

Your access to or use of the AI Tools does not grant Modern Estimates any right or license to use or share your Personal Information in a manner that is inconsistent with the TOU or any additional terms of use applicable to the respective AI Tool, unless otherwise agreed by you. You agree to keep output confidential and protect it as the confidential information of Modern Estimates, if and to the extent that the output contains confidentiality terms or is otherwise identified as confidential information of Modern Estimates, its licensors, licensees, affiliates, vendors or service providers.

You acknowledge and agree that Modern Estimates and its licensors will and have the right to aggregate with the input of other users and use all input, User Contributions, or other content that you provide or upload into an AI Tool to train, test, or otherwise improve the AI Tool or its capabilities or output, as long as your input is not individually disclosed to other users without your authorization. You grant Modern Estimates and its licensors, along with the successors and assigns of each, the rights to, and a perpetual and unlimited license to, use your input as described in this paragraph and in accordance with the specific terms of use applicable to the respective AI Tool.

4.  Third-Party Terms

Modern Estimates uses the third parties listed in our subprocessor list to host and provide the AI Tools. You understand and agree that each service provider may have their own AI services terms and conditions which apply to your use of the AI Tools. We may use additional third parties to provide other features in the future and will update our subprocessor list accordingly. You must agree to abide and be bound by third-party terms and conditions in order to access the AI Tools. You can find our subprocessor list below.

• Google
• OpenAI
• Amazon

5.  Use Restrictions

AI tools are provided to you for non-commercial, personal use only. You will not use the AI Tools:

1. For commercial purposes (commercial use requires a separate agreement or subscription).
2. To develop, train, or improve data sets, foundation models, or other large-scale models that may compete with Modern Estimates or the AI Tools.
3. To mislead any person or imply that output generated using the AI Tools is unique or solely human generated, or otherwise remove or alter any watermarks or metadata that may be generated with output to identify output as AI-generated.
4. In a manner which violates the TOU or any subprocessor’s terms of use or codes of conduct, or any applicable content and use policies that we may implement from time to time.
5. To generate output to make, or to use as a substantial factor in making, consequential decisions, as such term is defined in applicable law, or in any way that would qualify the AI Tools as high-risk (or similar term) under applicable law.
6. In any way that violates any subscription or license agreement that you agree to in connection with your use of any AI Tools.

6.  Intellectual Property

As between you and Modern Estimates, Modern Estimates owns all right, title, and interest in and to the AI Tools and any resulting statistical data, including all intellectual property and proprietary rights therein.

7.  Risks and Limitations

Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that you are solely responsible for developing your own internal policies regarding the appropriate use of these technologies and training other users on your account on such policies. By using the AI Tools, you acknowledge and agree that:

1. Modern Estimates is not responsible for any inaccuracies, incompleteness, or errors in output.
2. Modern Estimates is not responsible for any biases or limitations of the underlying algorithms or data.
3. Modern Estimates is not responsible for any output that you may find harmful, offensive, or otherwise unsuitable for its intended use.

If you encounter any output that is harmful, offensive, misleading, or otherwise not appropriate, please report it to Modern Estimates to info@modernestimates.com, so we can continue to iterate and improve these features.

8.  Disclaimer

YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR OUTPUT OBTAINED THROUGH THE USE OF THE AI TOOLS IS PROVIDED “AS-IS” AND OBTAINED AT YOUR SOLE RISK. MODERN ESTIMATES DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONTENT, INCLUDING THAT IT IS FIT FOR ANY PARTICULAR PURPOSE. MODERN ESTIMATES ALSO DOES NOT REPRESENT OR WARRANT THAT THE OUTPUT WILL NOT INCORPORATE THE INTELLECTUAL PROPERTY OF THIRD PARTIES AND IS NOT RESPONSIBLE TO INDEMNIFY YOU AGAINST ANY CLAIMS OF INFRINGEMENT MADE BY THIRD PARTIES RELATED TO THE OUTPUT.

PLEASE REVIEW ALL DISCLAIMERS, NO WARRANTIES, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTIONS IN THE TOU, AS THOSE TERMS (WITHOUT LIMITATION) WILL APPLY TO YOUR USE OF AND ANY OUTPUT RECEIVED FROM AI TOOLS.