Installation Made Easy®
BJ's Member's Offer
BJ's members receive 10% off (excluding taxes and permit fees) home installation products and services provided through BJ's Home Improvement. Excludes solar and generator products and services. May not be combined with other offers. Offer subject to change at any time without notice.
BJ's Home Improvement is coordinated by Installation Made Easy, Inc. (IME), with products and/or installation provided by local, independent contractors. Not all products are available in all locations. While IME is not and does not act as the General Contractor, IME is licensed or registered as a contractor in the following states or counties: FL (CGC1511439), RI (19953), CA (800861), AZ (ROC241999), OR (183271), WA (HOMES**995B9), CT (HIC 0623809), MA (166726), PA (PA070282), MD (MHIC No. 126816), NV (0079725), Nassau County, NY (H1778250100), Suffolk County, NY (38568-H) and Westchester County, NY (WC-11418-H01).
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TERMS AND CONDITIONS
Effective Date: December 1st, 2024
GENERAL MOBILE MESSAGING TERMS
These Mobile Text Terms of Use (“Text Terms”) govern your use of the text messaging information and marketing program (the “Program”) provided by INSTALLATION MADE EASY (the “Company”). Please read these Text Terms carefully. By opting into the Program, you agree to these Text Terms, the Company’s online PRIVACY POLICY and the Company’s overall TERMS OF USE, as amended from time to time (collectively, the “Terms”). Your access to, and use of, the Program represents your agreement to these Text Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE TO, OR USE THE PROGRAM.
The Company’s Program is an account information and marketing program that sends its users updates on account activity, as well as, but not limited to, great deals and special offers. This information is delivered directly to their mobile phones, via SMS and/or MMS. You may receive account updates, special retailer deals, insider news, access to offers, among other brand specific communications.
When you provide the Company with your mobile phone number, you are expressly agreeing that the Company may send marketing text messages (including SMS and MMS) to that phone number. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. The Company may send recurring auto marketing mobile messages per month.
If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help.
Texts may be sent automatically, including via an automatic telephone dialing system or a system used for the selection, sequencing, and/or dialing of telephone numbers. Texts also may be sent via artificial voice. Consent is not required as a condition of purchasing any goods or services.
You agree to notify the Company of any changes to your mobile number and update your subscription with the Company to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Stop Receiving Promotional Text Messages
To stop receiving promotional text messages from the Company’s Program, simply text STOP to 844-209-7232 or reply STOP within 30 days to any text sent by 844-209-7232. If you opt-out, you agree to receive a final text message confirming your opt-out.
Note: “STOP” requests are not case sensitive.
Alternatively, you can opt-out of receiving promotional texts from the Company’s Program by sending an email with your mobile phone number to customercare@bjshomeimprovement.com. Please allow up to 10 business days from when the email request was received to process your removal.
Questions / Comments / Concerns
Please direct all comments, questions or concerns regarding the Company’s text messaging program to customercare@bjshomeimprovement.com or our toll-free customer support line at 877-257-4747.
Help Command
For help at any time, text HELP to 844-209-7232, or reply HELP to any text from 844-209-7232. This text messaging marketing program is free from the Company, but message & data rates may apply.
Requirements
To take advantage of the Company’s text messaging marketing program, you must have a text messaging-enabled mobile device with a text messaging plan.
Carriers Supported
The Company’s text messaging marketing program works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.
Change of Terms
These terms may be changed via posting new terms on our Website. Your continued use of the Program following such changes constitutes your acceptance of those changes.
YOUR USE OF THE SITE
These Terms and Conditions (the “Agreement”) sets forth a legally binding agreement between you (“User”, “you” or “your”) and Installation Made Easy, Inc., a Delaware corporation, its subsidiaries and affiliates (“Operator”, “we", "us" or "our") regarding your use of IME’s My Home Project Center (the “Site”) and the Services (as defined below in Section 1).
In some instances, both this Agreement and separate terms setting forth additional conditions may apply to a service or product offered via the Site or the Services (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
By accessing and using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” will refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Site and Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING IME’S LIABILITY AND RESOLUTIONS OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTIONS 7-9.
1. SERVICES AND CONTENT
Pursuant to its contractual arrangements with various home improvement retailers and manufacturers, IME, through its software applications, provides contractor referral and project ancillary services to customers of those retailers and manufacturers in connection with the installation of products purchased from the retailers and/or manufacturers. The customer contracts directly with the referral contractor for the installation services, and such installation services are governed by a separate agreement, and not these Terms. The IME software ancillary services, provided through IME’s Site, are provided to both the referral contractor and the customer and include payment management assistance and installation project scheduling and monitoring. The term “Services” shall also refer to the contractor referral and ancillary project management assistance provided to IME’s referral contractors and its retail partners’ and manufacturers’ customers through the Site.
The Site may contain materials and other items relating to IME and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site (collectively “Content”).
2. ACCOUNTS AND MEMBERSHIP
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site and Services. By using the Site and Services and by agreeing to this Agreement, you warrant and represent that you are at least the age of majority. If you create an account in the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
3. INTELLECTUAL PROPERTY RIGHTS
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the IME or any of its affiliates or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with IME. All trademarks, service marks, graphics and logos used in connection with the Site and Services, are trademarks or registered trademarks of IME or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site and Services may be the trademarks of other third parties. Your use of the Site and Services grants you no right or license to reproduce or otherwise use any of the trademarks of IME or any of its affiliates or any third party licensor.
Subject to your strict compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable, revocable, limited right to access and use the Site, the Content, and the Services for your own personal or your internal commercial use only. The foregoing license (i) does not give you any ownership of or Intellectual Property Rights in, the Site, the Services or the Content; and (ii) may be immediately suspended or terminated for any reason, in IME’s sole discretion, and without advance notice or liability. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.
4. USE AND ACCESS OF SITE
Prohibited Uses. You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to IME; (iii) harvest any information from the Site or Content; (iv) intentionally access data not intended for your use; (v) infringe any intellectual property or other right of any third party; (vi) reverse engineer or modify the Site or Content; (vii) interfere with the proper operation of the Site or its security features; (viii) use the Site or Content in a manner that suggests an unauthorized association with IME or any other party, or is beyond the scope of the limited license granted to you; (ix) attempt to breach security or authentication measures without proper authorization, or interfere with the Site or Services; (x) assist or permit any persons in engaging in any of the activities described above; or (xi) otherwise violate this Agreement. Without limiting the foregoing, you are expressly prohibited from using “bots,” spiders, scripts, intelligent agent software, or any manual or automatic technology, device, tool, or process designed to data mine or scrape any Content, information from the Services, without IME’s prior written consent. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Requests and Notifications. You agree to cooperate with all reasonable requests from IME and to notify IME promptly upon learning of any actual or suspected unauthorized use or abuse of the Site or Content, or if you breach this Agreement.
Reservation of All Rights. All rights not expressly granted to you are reserved by us and our licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
Availability. The Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of IME, access to the Site may be interrupted or suspended from time to time. IME shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.
Suspension or Termination. IME may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in IME’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from IME, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Site.
5. MATERIALS YOU SUBMIT
The Site may provide you the opportunity to provide or upload certain materials, including but not limited to photos, images, messages, data, text, music, sound, videos, graphics, applications, files, code and other information or content (collectively, “Material”), to IME for the purpose of providing the Services or as otherwise permitted under this Agreement. You acknowledge and agree that you are solely responsible for all Materials you submit, provide or upload and the consequences for submitting, providing or uploading it. The mechanism which you submit the Material may be operated by IME, or by a third party on behalf of IME. IME will use the Material you upload in connection with providing the Services to you. You agree that by uploading, or otherwise providing any Material on or through the Site, you grant to IME a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Material.
You represent and warrant that you own the Material or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that the provision to IME will not violate the Intellectual Property Rights or other rights of any person or entity. You agree that IME is not responsible for any violations of any third party Intellectual Property Rights in any Material that you submit to IME. Without limiting any other provision in the Agreement and to the greatest extent permitted by applicable law, you agree that IME will not be liable to you for any damages, losses or liabilities of any kind arising from, or related to, your decision to send us the Materials.
We may utilize artificial intelligence, machine learning tools, or similar technology when you submit information on the Site (“Artificial Intelligence Tools”) to enhance your experience and to assist us with customer service. You acknowledge and agree that any information, including any Material, that you provide on the Site may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to develop and improve our services and train artificial intelligence algorithms, models, and solutions.
6. RELIANCE ON SITE CONTENT AND ACCURACY
IME assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. IME disclaims all liability and responsibility arising from any reliance placed by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.
The Site may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by IME, are solely the opinions and the responsibility of the person or entity providing those materials.
IME will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. IME reserves the right to correct any errors and to update Site information at any time.
7. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SERVICES SOLD, LICENSED OR PROVIDED THROUGH THIS SITE ARE GOVERNED BY THIS AGREEMENT AND ARE PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICES, THIRD PARTY WORK PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACTS, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING THE PERFORMANCE OF THE SERVICES WHICH IS NOT CONTAINED IN THIS AGREEMENT, WILL BE BINDING ON US. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY ERROR, OMISSIONS, DEFECT, DEFICIENCY OR NONCONFORMITY IN THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES (OR YOUR USE THEREOF) WILL BE ERROR FREE OR UNINTERRUPTED. YOU ASSUME ALL RISKS ASSOCIATED WITH THE SERVICES.
NEITHER IME, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGE OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES OR SOFTWARE ERROR, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES OR COSTS RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
IME IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF YOU NOT USING THE SERVICES CORRECTLY OR IF YOU FAIL TO COMPLY WITH THIS AGREEMENT OR ANY OTHER INSTRUCTIONS GIVEN TO YOU BY US.
8. INDEMNIFICATION
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party; (vi) your Materials; and (vii) your use of this Site or the products or Services of IME or any of its affiliates or any third party. IME reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with IME’s defense of any claim. You will not in any event settle any claim without the prior written consent of IME.
9. DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
Applicability. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND IME (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITE.
Dispute Notice and Informal Dispute Resolution. If a dispute should arise between you and IME, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and IME each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (a) mailed to Installation Made Easy, Inc., Attn: Legal Department, 301 Gold Creek Drive, Dawsonville, GA 30534; or (b) emailed at legal@imeinc.com. You and IME agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or IME may commence a lawsuit.
No Class Actions. To the fullest extent permitted by applicable law, you and we agree that any and all disputes (whether based in contract, statute, tort or any other theory) will be resolved individually, without resort to any form of class action, collective action, or representative action. All claims must be brought solely in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative action or proceeding.
COMMENCEMENT OF ACTION. ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.
Waiver of Jury Trial. Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to, their constitutional or statutory right) to a trial by jury in any legal proceeding for any dispute, including but not limited to disputes arising out of or relating to this Agreement or the relationship of the parties.
10. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement is governed by and will be interpreted in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles. Contracts will not apply to or govern this Agreement. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Atlanta, Georgia, U.S.A., and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. The parties further agree that this Agreement will be deemed to have been entered into, executed and performed for all purposes within the State of Georgia.
11. THIRD PARTY WEBSITES
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom IME has no control or responsibility. IME has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under IME’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with IME, IME is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by IME or any association with its operators.
12. MISCELLANEOUS
Privacy. By using our Site or Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy, which is incorporated in this Agreement by reference..
Severability; Interpretation; Entire Agreement. If any provision of this Agreement is found invalid, unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining provisions of this Agreement and will not affect the validity and enforceability of the remaining provisions. The section headings are provided for convenience only and shall not limit the full Agreement. This Agreement is the entire agreement between you and us and supersedes any prior agreements, representations, warranties, assurances, or discussion relating to the Site. This Agreement does not alter any separate terms and conditions of any other written or online agreement between you and IME.
Assignment. IME may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of IME.
Electronic Communications. We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and IME. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
Notice For California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Installation Made Easy, Inc., 301 Gold Creek Drive, Dawsonville, GA 30534. If you have questions, concerns or complaints regarding the Services, please contact Installation Made Easy, Inc. by either sending: (i) an email to legal@imeinc.com; or (ii) a letter, first class certified mail, to Installation Made Easy, Inc., Attn: Legal Department, 301 Gold Creek Drive, Dawsonville, GA 30534.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929 or TDD (916) 322-1700.
No Waiver. Except as expressly set forth in this Agreement, (i) no failure or delay by IME in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of this Agreement will be effective unless in writing and signed by IME.
13. CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms relating to the Site and Services at any time, effective upon posting of an updated version of this Agreement on the Site. When we do, we will revise the updated date at the top of this page. You are responsible for your own continuous compliance with this Agreement and other guidelines released by us from time to time.
14. CONTACT US
Any inquiries concerning this Agreement should be directed to legal@imeinc.com.