1. Introduction and Acceptance
Top Tier Strategies LLC ("TTS," "we," "us," or "our") operates a web platform that connects homeowners with vetted, licensed residential contractors and financing options. We operate at [website URL] and through software-based applications (or apps) for phones and tablets and other devices (the "Platform"). These Terms are a binding agreement between you and TTS that govern your use of the Platform.
BY ACCESSING OR OTHERWISE USING THE SERVICES THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.
We may update these Terms. Material changes take effect 30 days after posting via email or on-site notice. Continued use constitutes acceptance.
2. Platform Description and Scope
The Platform is free for consumers. Contractor members join as paying members and receive lead generation, marketing tools, insurance options, shared services, training, mentoring, and financing tools. Residential construction only.
The Platform is intended solely for individuals who are 18 years of age or older. By using the Platform, you represent and warrant that you are at least 18 years old. If you are under 18, you are not permitted to use the Platform and must immediately cease use.
TTS does not perform construction work, originate loans, provide financial advice, process payments between consumers and contractors, mediate consumer-contractor disputes, or manage projects after the connection is made.
Contractor members have been vetted for licensing, insurance, and good standing at verification and are monitored ongoing, and TTS will make reasonable efforts to maintain accurate information.
Accordingly, while TTS does vet and monitor Contractor members, it does not certify that this information is accurate at all times. It is your responsibility to confirm the state of any necessary licenses, insurance or state records before commencing with any construction project with any Contractor member. As well, TTS is not a franchise. Contractor members are independent businesses operating under their own brands, licenses, and practices, and can refuse any project or client.
3. Consumer Terms
User License Grant: Subject to these Terms, and the Privacy Policy, TTS grants Users a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you ("Device(s)") and to use the Platform strictly in accordance with these Terms.
User Account: You may access the Site without registering for an account, but as a condition of using certain aspects of the Platform, including storage and transfer capabilities, you are required to create a TTS account (an "Account").
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to us immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. TTS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
How it works: Describe the work you need and your location. Browse member contractors whose license covers that work. Select one. Submit a project request to that contractor. The contractor contacts you directly. Each request goes to one contractor only.
Lead verification: By submitting the form, you consent to contact by TTS to verify your project details before routing your request to the contractor.
After the connection: The relationship, contract, pricing, scheduling, work quality, and all fees are between you and the contractor (or between you and the lending partner for financing).
TTS reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Platform at any time. Regardless of the cause, TTS reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
License Restrictions: You shall not:
- use the Platform in any way to monitor or evaluate the availability, performance or functionality of the Platform for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Platform;
- use the Platform for any illegal purpose, or in violation of any local, state, national, or international law;
- use the Platform for projects outside of the areas outlined in the Geographic Restrictions;
- copy any portion of the Platform, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
- rent, lease, lend, sell, sublicense, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform;
- directly or indirectly take any action that imposes or may impose (as determined by TTS in its sole discretion) an unreasonable or disproportionately large load on TTS or its third-party providers' infrastructure;
- directly or indirectly interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- directly or indirectly run Mail list, Listserv, or any form of auto-responder or "spam" on the Platform; or use manual or automated software, devices, or other processes to scrape any page of the Platform;
- create a false identity on the Platform, misrepresent your identity, your credentials, your licenses, insurance, or your business record, impersonate any person, create a profile for anyone other than you without their express authorization, or use or attempt to use another account;
- use the Platform if you are under the age of 18;
- impersonate or attempt to impersonate the TTS, a TTS 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 Platform, or which, as determined by us, may harm the TTS or users of the Platform, or expose them to liability; or
- Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
If for any reason, TTS determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Platform by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Reservation of Rights: You acknowledge and agree that the Platform, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under these Terms, or any other rights thereto other than to use the Site and Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. TTS, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Platform and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Content and User Content: Through the Platform, or via other users, TTS may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). You have no rights in or to the Content other than as permitted herein to use or access the Platform.
You retain your rights to any Content you submit, post or display on or through the Platform ("User Content"). TTS does not receive any rights to the User Content except for the limited rights that enable TTS to offer the Platform. TTS requires your permission to host, back up, and share User Content. You hereby give TTS permission to do these activities, and this permission extends to our affiliates and trusted third parties with which TTS works.
4. Contractor Terms
Contractor members as Users: Contractor members agree to be bound by the terms found herein to the extent they do not conflict with the Contractor Membership Agreement.
Contractor License Grant: Subject to these Terms, the Privacy Policy, and the Contractor Membership Agreement, TTS grants Contractor members a limited, non-exclusive, and nontransferable license to use the website on devices owned or otherwise controlled by the Contractor and or the Contractor's Designees ("Device(s)") and to use the Platform strictly in accordance with these Terms.
While we may offer portions of the Platform for free, we do charge for certain features of the Platform for Contractor members, including Contractor profiles and lead generation tiers. TTS, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
Pursuant to the terms of the Contractor Membership Agreement we will charge, and you authorize TTS to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, TTS may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
TTS reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Platform at any time. Regardless of the cause, TTS reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
Contractor profiles are public, displaying business name, description, service area, credentials, work examples, verification status, and reviews. Direct contact information is not displayed; all consumer contact goes through the project request form.
"Licensed. Insured. Verified by Top Tier Strategies." means to the extent TTS is aware, the contractor has an active license, current insurance, a clean state record, and good standing, monitored by TTS on an ongoing basis. TTS does not guarantee or control the contractor's licensures, insurance, or state records. TTS further does not guarantee work, pricing, timelines, or business practices. It is the Contractor members' responsibility to ensure such information is true and accurate at all times, and certify that information they provide to TTS is true and accurate.
Contractor members are also governed by the Contractor Membership Agreement, which governs membership terms. Specific Contractor Membership terms (pricing, billing, cancellation, lead charges) are established in the Contractor Membership Agreement. Where these Terms and the Contractor Membership Agreement conflict, the Contractor Membership Agreement controls for Contractor membership matters.
5. Data Collection and Usage
All data collection, use, and sharing practices are governed by our Privacy Policy.
Collection of Your Information: You acknowledge that when you use the Site, and subject to the terms of TTS's Privacy Policy, TTS uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Platform. You also may be required to provide certain information about yourself as a condition to use the Platform or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the TTS Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the TTS Privacy Policy.
What We Collect:
| Data Type | Required |
|---|---|
| Full name, phone, email, property address, project type, project description | Yes |
| Preferred timeline, budget range, financing interest, how you heard about us | No |
| Review and feedback (post-project) | No |
| Site behavior: pages visited, search queries (via analytics/cookies) | Automatic |
How It Is Used and Shared: Your name, phone, email, property address, project details, financing interest, and lead source are shared with the one contractor you select. No one else receives your lead data. Financing partners receive your data only if you indicate financing interest. Aggregate, de-identified data is used for platform improvement. TTS may market consumers to vendor affiliates within the TTS network (financing partners, insurance vendors).
TTS team has full access for operations and analytics; your selected contractor sees lead data only. TTS will never sell consumer data outside the TTS network, share it with advertisers, or provide it to competing platforms.
Contractor Member Profiles: Public Contractor member profiles display business name, credentials, work examples, reviews, and verification status. Billing, performance metrics, and application details are never public.
6. Geographic Restrictions
The Content and Platform are based in the U.S. states of California and Texas, and provided for access and use only by persons located in the U.S. states of California and Texas. You acknowledge that you may not be able to access all or some of the Platform outside of the U.S. States of California or Texas and that access thereto may not be legal by certain persons or in certain countries. If you access the Platform from outside of the U.S. states of California or Texas, you are responsible for compliance with local laws.
7. Third Party Materials
The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that TTS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TTS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
8. Communications and Consent
By submitting a project request, you consent to: a confirmation email, contact by TTS to verify your request, direct contact from your selected contractor, and a post-project review invitation. If you indicate financing interest, you also consent to financing information from TTS or its lending partners.
Marketing emails: (newsletters, promotions) require separate opt-in. A project request does not opt you in.
By submitting a project request through the Platform, you expressly consent to receive:
- a confirmation email from TTS acknowledging receipt of your request;
- a verification call or text from TTS to confirm your project details prior to routing your request;
- direct contact by phone, email, or text from the specific contractor you selected in your request; and
- a post-project review invitation from TTS.
Your consent under (c) is given solely to the one contractor you selected. TTS does not share your contact information with any other contractor or third-party marketer as a result of your project request submission.
All emails include an unsubscribe link, our physical address, and accurate sender information. SMS requires a separate, explicit opt-in and includes opt-out instructions (reply STOP). standard message and data rates may apply. Message frequency varies. SMS is not a condition of any purchase or use of the Platform.
9. Financing Disclaimers
All financing is provided by third-party lending partners on a referral basis. TTS does not originate loans, negotiate rates, process applications, provide financial advice, display specific rates/APRs/terms/payments, steer/refer consumers toward specific products including those that facilitate or support financing arrangements that constitute deferred presentment transactions, payday loans, or credit access business transactions as defined under the Texas Finance Code, Chapters 393 or 342, or any substantially similar product regulated under the California Deferred Deposit Transaction Law, the California Credit Services Act, or US Federal Law, or collect referral fees from consumer financing vendors. Approval decisions are the lending partner's alone. Financing application data is between you and the lending partner. All third-party lending partners are independent and separate entities from TTS, and TTS has no control or liability for any acts or omissions made by those partners.
Consumer financing offered through a merchant-model partner is available through certain contractors who hold the merchant relationship directly. The financing partner's terms are between the partner and the consumer.
TTS does not guarantee financial outcomes, property value increases, or equity results. TTS does not independently verify the complete product offerings of any lending partner and is not responsible for financing products offered directly by contractors or lenders outside of the TTS platform. You should independently confirm the nature of any financing product before entering into any agreement.
Lenders offering products that facilitate, or support financing arrangements that constitute deferred presentment transactions, payday loans, or credit access business transactions as defined under the Texas Finance Code, Chapters 393 or 342, or any substantially similar product regulated under applicable California law are not eligible to participate in the TTS referral program.
TTS does not oversee, control, or maintain responsibility for any referrals to any financing or related vendors made to you by Contractor Members.
10. Intellectual Property
Platform design, branding, content, software, and technology are TTS property. Contractor members retain ownership of their business name, branding, and logos, and grant TTS a non-exclusive, royalty-free license to display profile content for the duration of membership. Consumers retain ownership of reviews and grant TTS a non-exclusive, perpetual, royalty-free license to display and use reviews; removal requests (Section 10) terminate the license for that review.
You shall not engage in scraping, automated data collection, redistribution of platform content, unauthorized use of TTS trademarks, or reverse engineering.
11. Reviews and Feedback
Only consumers matched through TTS can leave reviews. TTS does not suppress, manipulate, or incentivize reviews (FTC Consumer Review Rule). Contractor members can respond through their dashboard. Reviews are removed only if they contain verifiably false statements, hate speech, threats, private personal information, or Terms violations. Consumers can request removal of their own review at [contact email] (processed within 15 business days). Reviews remain after a contractor's membership ends and are reactivated if the contractor rejoins. TTS may use aggregate review data in marketing without identifying individuals.
12. Disclaimers and Limitations of Liability
THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TTS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TTS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES [OR THE APP] WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TTS does not guarantee: contractor work quality, safety, timeliness, or outcomes; accuracy of contractor claims or pricing; contractor response or availability; financing approval; lead volume, revenue, or ROI; uninterrupted platform availability; or financial outcomes, property value increases, or equity results. "Vetted" and "verified" confirm licensing, insurance, and standing, not project outcomes.
LIMITATION OF LIABILITY: EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TTS NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TTS'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify TTS and its officers, directors, employees, and affiliates from claims arising from your use or misuse of the Platform, interactions with other users, content you submit, and any violation of these Terms or applicable law, Provided, however that the foregoing indemnification obligation shall not apply to the extent that any such claim arises directly from TTS's own gross negligence or willful misconduct. Contractor members additionally indemnify TTS for claims arising from their construction work, pricing, business practices, consumer interactions, financing tool use, and any misrepresentation.
14. Dispute Resolution
Between users and TTS: All disputes arising out of or related to these Terms or the Platform shall be resolved through binding arbitration administered by JAMS under the JAMS Consumer Minimum Standards (for disputes with Consumer) or the JAMS Comprehensive Arbitration Rules (for disputes with Contractor members). Arbitration is conducted on an individual basis. Class actions and class arbitrations are waived. The arbitration shall take place in Dallas County, Texas.
Between consumers and contractors: TTS does not mediate. You can report complaints to [contact email]. TTS documents complaints and may act on contractor membership but does not serve as mediator or arbiter.
Governing law: Texas. Jurisdiction: State or federal courts in Dallas, Texas.
California consumer carve-outs: Notwithstanding the arbitration provision above:
- Small claims. Either party may bring an individual claim in small claims court in the county of your residence, provided the claim qualifies under applicable small claims court rules.
- CLRA. Nothing in these Terms waives any right you may have under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), including the right to seek injunctive or equitable relief in a California court. A CLRA demand letter must be sent to [legal notice address] at least 30 days before filing suit, as required by Cal. Civ. Code § 1782(a).
- UCL and FAL. Nothing in these Terms limits your right to seek relief for violations of the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) or the False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) to the extent those claims are not subject to mandatory arbitration under applicable law.
15. Termination
Consumers: Stop using the Platform at any time. Data deletion per Section 5 (processed within 30 days, subject to legal retention). Reviews handled per Section 10.
Contractor members: Cancellation terms are in the Contractor Membership Agreement. Upon termination: profile removed, lead delivery stops, 30-day read-only dashboard access for data download, reviews remain. Rejoin reactivates profile and reviews.
By TTS: TTS may suspend or terminate access for Terms violations, fraud, or harmful conduct. Notice provided except for fraud or safety emergencies.
16. General Provisions
Severability: If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Assignment: TTS may assign to a successor; you may not without TTS's express written consent.
Force majeure: TTS is not liable for delays beyond our control.
Accessibility: TTS is committed to making the Platform accessible to individuals with disabilities in accordance with applicable law. Please contact [contact email] to report accessibility issues.
US Government Rights: The Platform and any services provided therefrom are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Platform as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
Entire Agreement: These Terms, our Privacy Policy, and any statements or rules on the Platform on your date of access constitute the entire agreement between you and TTS with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.
Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.