Changes To The Agreement
About Our Site and Service
Your Use Of The Site
Prohibitied Conduct & Content
Payments & Subscriptions
Assumption Of Risk; Indemnification
Disclaimers, Limitation Of Liability
Third-Party Content and Websites
Consent To Receive Electronic Communications
Welcome to BuildBoss.com! BuildBoss, LLC ("BuildBoss," "Company," “we,” “our” or “us”) recommends that you read the following terms of service carefully. By accessing or using the BuildBoss.com website, the BuildBoss.com Service, including any software applications made available by Company (together, the "Site" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between Company and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.
These Terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. See Section 9. DISPUTE RESOLUTION for full details.
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
What We Do. We provide bid management software and a platform that allows general contractors and developers to improve the efficiency of the preconstruction process. In other words, our Service connects developers and general contractors (each a “General Contractor”) with bidders, for example, subcontractors, suppliers, distributors, service providers, architects, engineers, etc. (each a “Bidder”) to bid on upcoming construction projects (each a “Project”). Through the Service, General Contractors can find Bidders, send out bid invitations and any necessary project bid documents, and receive bids and quotes back for review. The actual transaction or contract for a Project is solely between the respective General Contractor and the Bidder. Company is not a party to these agreements.
Dependent upon your use of the Service, you may be a General Contractor or a Bidder. This Agreement contains some terms that are specific to your use of the Service as a General Contractor or Bidder. However, if the category of user is not specified, then the terms apply to all users regardless of type.
Company, in our sole discretion, may enter into a separate software as a service agreement (a “SaaS Agreement”) with General Contractors. In the event of any conflict between the terms of a separate SaaS Agreement and this Agreement, the terms of the separate SaaS Agreement shall govern.
Company’s Platform. Company’s role with respect to Projects is limited. While users may publish information about Projects through the Service, Company is not directly involved in the creation or selection of any Content about Projects, and Company is not involved in any Projects outside of providing a platform to facilitate the Service. Without limitation, Company does not guarantee that it will pre-screen General Contractors or Bidders regarding any Projects. Nor does Company guarantee the identity of any user. Company does not necessarily prescreen the Content and/or information provided by users. Company does not directly control the quality of any aspect of any Project or logistics associated with any Projects, including but not limited to the accuracy of any Content related to any Project or any costs, safety, or scheduling requirements associated with a Project. Company does not guarantee that any Bidder or General Contractor will fulfill any statements published through the Service about any Project. Any separate agreements entered into between users (including General Contractors and Bidders) is solely between the users and do not commit or involve Company in any way. Company’s platform may provide a user directory, these listings are not recommendations by Company, but rather purely informational. Company does not take or transfer ownership of items or liability. For additional information, please carefully review Section 13 (Disclaimers; Limitation of Liability).
General Contractor and Bidder Responsibilities. Unless stated otherwise in this Agreement, General Contractors and Bidders are solely responsible to obtain and maintain all requisite state licenses, bonds, insurance, permits, taxes, and to comply with all applicable laws, including as related to construction bids. Company bears no responsibility for any user’s failure to comply with requisite state or local regulations related to the architecture, engineering, or construction industry.
License to Use the Site. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service. This license allows you to use the Service in the manner intended by the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
User Account. To access and use certain parts of the Site or Service, you may be asked to create a user account (“Account”), and to provide information that personally identifies you (“Personal Information”). You represent and warrant that all user information you provide in connection with your Account and your use of the Site is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy. You agree that you will not submit any fake content (including without limitation any Account, username, or likeness) to willfully impersonate another person, whether actual or fictitious. If Company believes in its sole discretion that the information you provide is not current, complete, or accurate, Company has the right to refuse your access to the Site, or to terminate or suspend your access at any time, or both. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify Company immediately of any unauthorized use of your Account. If we suspect, in our sole discretion, that there has been a breach of your Account security, we reserve the right to refuse access to the Site, terminate your Account, suspend or terminate your right to use the Site, or take such other action as we deem necessary, in our sole discretion.
Your Content. As a General Contractor or Bidder, we may allow you to post information, images, links, reviews, comments, testimonials, and other content (“your Content”) to the Site or Service. You represent and warrant that all Content posted by you is current, complete, and accurate, and that you have not misstated or embellished any statement of fact therein. You are required to use common sense when posting your Content and should not post are share Content you deem confidential. You and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, discriminatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the Prohibited Conduct section below. If you do one of these things, we may remove your Content—but we have no obligation to do so.
License to Display Your Content. You are always the owner of your Content; however, Company requires the following license from you in order to be able to display your Content on the Site and Service as expressly permitted by you—for example, to make the details of your projects visible to others:
You grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.
Testimonials. With respect to any testimonials provided by you to Company as part of your Content, you represent and warrant that such reviews or comments are true and accurately represent your experience.
Indemnification. You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Company from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content.
Interactions with Other Users. You are solely responsible for your interactions with other Service and/or Site users. You acknowledge and understand that Company has not, and does not, in any way guarantee that it will: (a) screen its users; (b) inquire into the backgrounds of its users; or (c) review or verify the statements of its users. You agree to exercise reasonable caution in all interactions with other users, particularly if you decide to meet another user in person. Company does not represent, warrant, endorse, or guarantee the conduct of its users. In no event shall Company be liable for indirect, special, incidental, or consequential damages arising out of or relating to any user's conduct in connection with such user's use of the Service, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or any other damages resulting from communications or meetings between users.
Other Users’ Content. Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe Content located on or linked to by the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit theBoardlist to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to our Copyright Agent with the subject line "DMCA Notice":
Designated Copyright Agent
Attn: Copyright Agent
1795 W Broadway #106
Idaho Falls, ID 83402
Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
Inactivity of Users. In order to further keep information up-to-date, we will mark all non-paying users as inactive if they have not logged in to their account or had other activity for at least 3 months. Users will get an email notifying them of their inactive status. These individuals are hidden from the system and search results. If after 2 years these users remain inactive, we will send a warning email 3 days prior to the deletion of their account and further notify them of their account’s removal after the process has been completed, subject to applicable laws.
Prohibited Conduct. Company imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:
1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses.
3. Use the Service to advertise or offer to sell goods and services that do not relate to the AEC (Architecture, Engineering, & Construction) industry.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site or Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site or Service.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. Attempt to impersonate another user or person or use the username of another user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Service in order to harass, abuse, or harm another person.
13. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Service.
15. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
16. Harass, annoy, intimidate, or threaten any of other users or Company’s employees or agents engaged in providing any portion of the Service to you.
17. Delete the copyright or other proprietary rights notice from any Content.
19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Service.
20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Service, or using or launching any unauthorized script or other software.
22. Disparage, tarnish, or otherwise harm, in our opinion, us, our Site, or our Service.
23. Use the Site or Service in a manner inconsistent with any applicable laws or regulations.
24. Demonstrate or share data or share access to our Site or Service with a third party (unless otherwise permitted by us separately in writing); will not lease, sell, grant, or otherwise exploit our website in a way prohibited by this Agreement.
25. Scrape or attempt to scrape data from our Site or Service.
Prohibited Content. You agree that you shall not use the Site or Service to upload, post, transmit, display, perform, or distribute any prohibited content. Prohibited content includes, but is not limited to:
1. Profane language or content;
3. Content that promotes, fosters, or perpetuates violence, hatred, or revenge, discrimination or disparaging any person or group of persons based on race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
4. False, misleading, or deceptive content.
5. Inappropriate or explicit sexual content or links to such content; this includes nudity or otherwise obscene;
6. Content that relates to conducting or encouraging illegal activity;
7. References to illegal gambling, alcohol, tobacco, drugs, or firearms, including without limitation ammunitions, fireworks, and explosives;
8. Private and confidential information;
9. Content that violates the legal ownership interest of any other party.
10. Software, pictures, video, audio, eBooks, games, and any other files that do not relate to the intended use of our Site;
11. Malware of any type;
12. Content which results in consumer fraud, product liability, or breach of contract to which Customer is a party, or causes injury to any Third Party;
13. Links to any prohibited content in this list.
You may report the abuse of any of our policies, including Prohibited Conduct or Content, by sending an email to [email protected].
Payments. You agree to pay Company all fees associated with your use of the Service (“Fees”), as indicated to you at the time you agree to such Fees (such as through a registration or checkout process). All transmissions of payment information through the Service are secured with Internet-standard TLS (also known as HTTPS) encryption. Company does not verify account information, process any payments or store your billing information itself; instead, these services are provided through the Service by Company’s trusted Third Party “Payment Processors,” and you may be redirected to Third Party Websites (as defined below) and/or required to agree to separate Third Party terms in order to complete your payment transaction.
Subscriptions. From time to time, Company may, at its sole discretion, offer access to certain parts of the Service or related services on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed prior to you and your other company users/admins receiving access and according to the terms of the Subscription as displayed at the time you first enrolled (the “Subscription Terms”).
Timing of Subscription Payments. At the time you enroll yourself or another user or admin in a Subscription, you will be required to provide payment information to pay for the Fees associated with the Subscription(s). If you choose to enroll in Subscription(s), you understand and agree that your preferred payment method on file will be charged Fees for additional Subscription periods without obtaining further permission or confirmation from you (This is typically done once per month and on the 1st of each month). In other words, your Subscription(s) renew automatically unless canceled in advance of the next payment period by you. Please pay attention to the Fees, payment terms, and disclosures provided during the order process for your Subscription.
Changes and Cancellation. To change or cancel a Subscription, you may either log into your Account and complete changes on the Admin>Company Users screen or email Company at [email protected]. If you choose to change or cancel your Subscription by email, you must provide Company with sufficient information to identify your account, such as your username, real name, billing address, and email address associated with the account. Changes and cancellations must be made at least three (3) business days before your credit or debit card is charged for the next Subscription payment in order to avoid said payment.
If you cancel your Subscription, will not lose access to the Service until your Subscription period has ended unless Company also deletes your Account (either by your request or if Company deems in its sole discretion deletion is warranted), in which case you will immediately lose access to the Service.
Changes in Subscription Fees. Company may find it necessary to change the Fees in effect for a Subscription and reserves the right to do the same in its sole discretion. Company may lower your Subscription Fees so long as your Subscription maintains the same features and access level. Company will not increase Fees for your Subscription without prior notice to you that is sufficient to afford you an opportunity to cancel your Subscription before incurring the increased fees.
Multiple Subscribers. Each Subscription to the Service is sold separately. As an Account holder, you may possess one or more Subscriptions, i.e., Subscriptions for each individual user of the Service under your Account. You may add additional Subscriptions from within the Admin > Company User screen. The Account holder is responsible for all activity under each Subscription. The Account holder will be charged immediately for each subscribed user that you add and grant access.
Other Offers. Company may, in its sole discretion, offer promotional trial subscriptions to access the Service for free, additional promotions, or discounts related to the Service from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Terms of Service. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Terms of Service.
No Refunds. Due to the nature of the Service, unless otherwise indicated at your time of checkout, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. You understand and agree that lack of success in finding a Bidder or completing a Project is not a reason for a refund.
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND COMPANY MUST BE RESOLVED. This Areement, including this Section, applies to the fullest extent permitted by applicable law.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Payment of Fees. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.
Restrictions Against Joinder of Claims. You and Company agree that any arbitration shall be limited to each Dispute individually. You and Company agree that each may only bring Disputes against the other in your or Company’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Dispute will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Dispute to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any Dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Idaho Falls, Idaho.
Governing Law and Location. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of Idaho, and shall be governed by and construed in accordance with the laws of the State of Idaho without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Idaho Falls, Idaho. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a Court of Competent Jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Company and/or its licensors own all right, title, and interest in and to its websites, products, and Service and all related technology and intellectual property and proprietary content, including all related copyrights and trademarks. Subject to your compliance with this Agreement and all applicable laws, Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service solely in accordance with the Agreement for your personal use and as intended by Service. No part of the Service may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. Company and its name, trade names, and logos (collectively, the "Company Marks") are trademarks of Company. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks. All content and other materials available through the Service, including without limitation the Company logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Company or are the property of Company’s licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
This Agreement is effective until terminated. You agree that Company, in its sole discretion, may terminate your Account and your use of the Service, and may remove and delete your Content, if we believe you have violated or acted inconsistently with these Terms of Service or for any other reason. Company may also, in its sole discretion and at any time, terminate this Agreement or discontinue providing the Service, or any part thereof, with or without notice. You agree that Company will not be liable to you or any third party for any termination of access to the Service. If you wish to terminate this Agreement, you should stop using the Service. Sections regarding dispute resolution, refunds, limited warranties and disclaimer of warranties, limitation of liability, Third-Party Content & Websites, intellectual property, prohibited uses, indemnification, and miscellaneous terms will survive any termination.
Assumption of Risk. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER COMPANY NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO THE FURNISH THE SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF COMPANY, COMPANY PARTIES, OR BUILDBOSS.COM USERS, OR THEIR AGENTS OR REPRESENTATIVES.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO COMPANY OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Application of Disclaimers. Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
No Reliance on Third Party Content. Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
Third-Party Websites. The Service may be linked with the websites of third parties ("Third Party Websites"), some of which may have established relationships with Company and some of which may not. Company does not have control over the content and performance of Third-Party Websites. Company has not reviewed, and cannot review or control, all material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Company disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
Communications from Company. By registering for the Service and providing your name, email, physical or mailing address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to [email protected] You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Communications from Users. Without limitation, by registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Service.
Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Service.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Third-Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
To resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact us at: [email protected].
Our mailing address is:
1795 W Broadway #106
Idaho Falls, ID
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