TERMS OF SERVICE

This Terms of Service ("Agreement") governs the use of the Company Website, the Company's telephone intake line, and the Company's marketing and referral services (as defined below, the "Referral Services") offered by CGR Garage Door Group, a California corporation ("Company", "We", "Us" or "Our").

THE COMPANY OPERATES A MARKETING AND REFERRAL PLATFORM THAT CONNECTS CONSUMERS SEEKING GARAGE DOOR SERVICES WITH INDEPENDENTLY OWNED, STATE-LICENSED CONTRACTORS WHO PERFORM THE SERVICES. THE COMPANY IS NOT A LICENSED CONTRACTOR AND DOES NOT ITSELF INSTALL, REPAIR, OR MAINTAIN GARAGE DOORS. THE CONTRACTORS ARE NOT EMPLOYEES OR AGENTS OF THE COMPANY. THE COMPANY DOES NOT PERFORM, SUPERVISE, WARRANT, OR GUARANTEE THE SERVICES OF ANY CONTRACTOR, AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY CONTRACTOR. YOU CONTRACT DIRECTLY WITH, AND PAY, THE CONTRACTOR.

BY CONTINUING PAST THE SITE-ENTRY NOTICE ON THE COMPANY WEBSITE, BY CALLING THE TELEPHONE NUMBER PUBLISHED ON THE COMPANY WEBSITE TO REQUEST OR INQUIRE ABOUT SERVICES, OR BY OTHERWISE USING ANY OF THE REFERRAL SERVICES, EACH USER ("YOU" OR "YOUR") AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS OF THE FIRST DATE OF YOUR FIRST SUCH USE.

NO CHANGES BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT USE THE REFERRAL SERVICES AND SHOULD NOT CALL THE PUBLISHED TELEPHONE NUMBER. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.

In addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:

• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
• "Appointment" means a scheduled appointment for a Contractor to attend at Your jobsite, meaning the location at which You are requesting the Services, for garage door-related Services.
• "Company Programs" means the Company Website at www.californiagaragerepair.com and www.cgrgaragerepair.com, the Company's telephone intake line, and any other website, application, or platform the Company makes available for access to the Referral Services.
• "Contractor" means an independently owned contractor that holds a valid state contractor's license, that receives Appointments, and that performs Services for Customers. Contractors are not employees, agents, joint venturers, or partners of the Company or of any Affiliate.
• "Customer" means an end-user consumer or business seeking Services that is introduced or routed to a Contractor.
• "Digital Assets" means the Company Website, the Company's telephone numbers, and the customer traffic directed to the Company, together with the other digital assets owned by the Company.
• "Intake Systems" means the telephone numbers, call tracking numbers, caller identification, interactive voice response, customer relationship management, and similar tools and systems used to route, track, or manage Appointments or related Customer interactions.
• "Intellectual Property" means the Company's intellectual property rights, including, but not limited to, the rights to the name "CGR Garage Door Group."
• "Referral Services" means the Company's marketing and referral services, namely receiving consumer requests through the Company Programs and routing those requests to the Remote Intake Desk for the coordination of scheduling information provided by Contractors and the assignment of Appointments to Contractors, together with the Company's operation of the Company Programs.
• "Remote Intake Desk" means the centralized remote intake operation, operated by an Affiliate, that receives inbound calls, obtains Contractor availability, coordinates and conveys the scheduling information provided by Contractors, and assigns Appointments to Contractors.
• "Services" means garage door repair, maintenance, replacement, installation, inspection, and related services performed by a Contractor for a Customer.
• "User", "You", or "Your" means any person who uses any Company Program or who calls the published telephone number. A User who requests an Appointment is also a Customer.

The Referral Services operate as follows, and by using the Referral Services You acknowledge and agree to the following:

• The Company Website is informational and call-only. It does not offer online ordering, online accounts, or online payment. To request or inquire about Services, You call the telephone number published on the Company Website.
• When You call, Your call and the information You provide are routed to the Remote Intake Desk, which is operated by an Affiliate and which obtains Contractor availability, coordinates and conveys the scheduling information provided by the Contractor, and assigns Appointments to Contractors using the automated methodology described below.
• The Contractor, and not the Company or any Affiliate, performs the Services. The Contractor is solely responsible for determining whether to accept any Appointment, negotiating terms with You, setting prices, performing the Services, and collecting payment from You directly. Any price, scope of work, warranty, guarantee, or other term relating to the Services is a matter solely between You and the Contractor.
• The Company is a marketing and referral platform and is not a licensed contractor. The Company does not itself install, repair, or maintain garage doors, does not supervise or direct the manner in which any Contractor performs the Services, and does not employ the Contractors. References on the Company Website to garage door services describe the Services that Contractors perform through the Referral Services.
• Assignment of Appointments. Appointments are assigned to participating Contractors using an automated methodology that takes into account factors such as the Contractor's service territory, scheduling availability, and rotation among participating Contractors. Participating Contractors pay fees to participate in the referral network. The Company does not represent that any Contractor assigned to You is the nearest, the lowest priced, or the best qualified Contractor available for Your request.
• Affiliation Disclosure. CGR Garage Door Group is operated under common ownership with other garage door referral services and through a shared administrative and call-handling operation. CGR Garage Door Group is a marketing and referral platform and is not a licensed contractor; the Services are performed by independently owned, state-licensed Contractors, who contract with You and are paid by You directly.

3. Eligibility and Permitted Use

• You represent that You are at least 18 years of age and that any information You provide to Us is truthful and accurate.
• You may use the Referral Services only for Your own lawful, personal, non-commercial purpose of requesting Services.

You agree that You will not: (i) abuse, defraud, or misuse the Referral Services; (ii) interfere with or disrupt the Referral Services, the Company Programs, or the Intake Systems; (iii) misrepresent the Company or the Referral Services; (iv) resell or attempt to resell the Referral Services or any Appointment; (v) copy, modify, reverse engineer, or attempt to derive the source code of any Company Program; (vi) remove or obscure any proprietary notice; or (vii) use the Referral Services in violation of any applicable law or regulation.

4. Suspension and Termination

The Company may suspend or terminate Your access to the Referral Services at any time, without notice, for any conduct that the Company reasonably believes violates this Agreement or applicable law. The Company may cooperate with law enforcement and legal authorities, and may comply with subpoenas, court orders, and other legal process, including by disclosing information about You and Your use of the Referral Services.

5. Privacy Policy

The Company's Privacy Policy, as posted on the Company Website (the "Privacy Policy"), is incorporated into this Agreement by reference. By using the Referral Services, You acknowledge and agree that the Company and its Affiliates may collect, use, and share information about You, including by sharing Your name, service address, and telephone number with the Affiliate that operates the Remote Intake Desk and with the Contractor assigned Your Appointment, as described in the Privacy Policy. Please review the Privacy Policy carefully.

6. Reservation of Rights; Intellectual Property

All right, title, and interest in and to the Company Programs, the Intellectual Property, and the Digital Assets, including all rights relating to ownership and goodwill associated with them, remain at all times the sole and exclusive property of the Company or its licensors. The Company may license the Intellectual Property and the Digital Assets to one or more Affiliates. You are granted no right or license in the Intellectual Property or the Digital Assets except the limited right to use the Company Programs to request the Referral Services as described in this Agreement. You agree not to challenge the Company's ownership of the Intellectual Property or the Digital Assets or to take any action inconsistent with that ownership.

7. Third-Party Content and Links

The Company Website may contain links to, or badges for, websites or services operated by third parties. The Company does not control, endorse, or assume responsibility for any third-party site, content, product, or service, including any Contractor's website or the Services performed by any Contractor. Your dealings with any third party, including any Contractor, are solely between You and that third party.

8. Disclaimer of Warranties

THE REFERRAL SERVICES AND THE COMPANY PROGRAMS ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY MAKES NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR GUARANTEE THE SERVICES, THE WORKMANSHIP, LICENSING, INSURANCE, PRICING, CONDUCT, OR AVAILABILITY OF ANY CONTRACTOR, AND IS NOT RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY CONTRACTOR. THE COMPANY DOES NOT GUARANTEE THAT ANY APPOINTMENT WILL BE SCHEDULED, ACCEPTED, OR ATTENDED. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR DEALINGS WITH ANY CONTRACTOR.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THE REFERRAL SERVICES, THE COMPANY PROGRAMS, OR THE SERVICES PERFORMED BY ANY CONTRACTOR, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500).

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorney fees) arising out of or related to Your breach of this Agreement, Your misuse of the Referral Services, or Your violation of any law or of the rights of any third party.

11. Changes to This Agreement

The Company may modify this Agreement at any time by posting the revised Agreement on the Company Website and updating the "Last Updated" date. Your continued use of the Referral Services, or Your continued contact with the Company, after the revised Agreement is posted constitutes Your acceptance of the revised Agreement.

12. Governing Law; Venue

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to this Agreement or the Referral Services shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and You consent to the personal jurisdiction of those courts.

13. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and the Company regarding the Referral Services and supersedes all prior or contemporaneous understandings on that subject. This Agreement may not be altered or amended by You without the Company's prior written consent.

14. Remedies

You agree that monetary damages may not be a sufficient remedy for unauthorized use of the Referral Services, the Intellectual Property, or the Digital Assets, and that the Company shall be entitled to seek injunctive or equitable relief, without the necessity of posting a bond, in addition to any other remedy available at law or in equity.

15. Attorney Fees

If any suit or action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs, including on appeal.

16. Assignment

This Agreement is personal to You, and You may not assign it. The Company may assign this Agreement, in whole or in part, in its sole discretion. This Agreement binds and benefits the parties and their permitted successors and assigns.

17. Waiver; Severability

No waiver of any provision of this Agreement is effective unless in a writing signed by an authorized representative of the Company, and no waiver constitutes a waiver of any other provision or occasion. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Force Majeure

The Company is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, disease or epidemic, labor disputes, changes in law or government policy, utility or communications failures, and the acts or omissions of third parties, including Contractors.

19. Notices; Contact

Notices to the Company must be sent to legal@californiagaragerepair.com or 15125 Califa St, Van Nuys, CA, 91411. The Company may provide notice to You by posting on the Company Website or by contacting You using the information You provided. If You have questions about this Agreement, please contact the Company at (888) 299-2459 or legal@californiagaragerepair.com.