Terms of Service
Effective November 5, 2015
A. About Us:
BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
B. Terms of Service:
1. Service Conditions. You cannot use the Services unless you are at least 18 years of age. By accessing the Services, you represent and warrant to us that: you are at least 18 years of age; you have the right, authority and capacity to agree to, and abide by these Terms; and you shall not use any rights granted hereunder for any unlawful purpose or for any purpose which violates these Terms, as determined by us.
2. Click To Agree. Notwithstanding any provision of Article A above to the contrary, in the event that you utilize a ‘click to agree’ function or any similar function on our Website in connection with these Terms relating to your purchase of a Subscription or otherwise, then you hereby agree: such acts constitute and shall nonetheless be deemed an electronic signature governed by The Electronic Signatures in Global and National Commerce Act (15 U.S. Code Chapter 96) and by the Virginia Uniform Electronic Transactions Act (VA Code §§59.1-479-498); that any such acts shall bind you all provisions of these Terms as if a manual signature in your own handwriting was made on a paper version of these Terms. Notwithstanding any provision of Article A above to the contrary, in the event that you browse the website, access the Website, or access any portion of the Services, you hereby agree that you shall be bound by all provisions of these Terms other than the provisions contained in Sections 5(c) and Section 6 as if a manual signature in your own handwriting was made on a paper version of these Terms (which omitted Sections 5(c) and Section 6. In the event of a conflict between the provisions of this Section 2 and Article A above, this Section 2 shall control.
3. Mobile Devices. If you are accessing the Services via a computer, mobile device, or tablet which is owned or controlled by you (a “Device”) then, you understand and agree that use of the Services via your Device may result in data or other charges from your Internet communication service provider and you expressly release, indemnify, hold harmless, and defend us from any and all liability relating to any such charges and/or your Device.
4. Accounts. To Use certain aspects of our Services, you must create an Account. If you choose to create an Account with us, then you agree to provide true, accurate, current and complete information as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
5. Access to Content.
(a) Free Content. Whether or not you create an Account with us or purchase a Subscription, a portion of our Services provides Users with access to certain Content free of charge, such as our newsletter, featured properties, informational articles, advisory and technical bulletins, real estate industry events, news feeds and other Content available on our Website which is not Subscription Content (collectively, “Free Content”). These Terms grant you a personal, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable limited and temporary license to access and use the Free Content, subject to these Terms. We may terminate, restrict, or suspend this license to Free Content granted to you with immediate effect and without notice, including but not limited to by deleting your Account or otherwise restricting your ability to access or use the Free Content, for any reason or no reason, as determined by us.
(b) Subscription. To gain access to certain features of our Services, you must purchase a subscription to access our Services for fee (a “Subscription”). The price of the Subscription we offer and the duration of the Subscription period will be displayed on our Website or otherwise communicated to you by us. You agree that we may provide you with notices prior to the expiration of your Subscription period, but that we have no obligation to do so. To ensure uninterrupted Subscription access to the Services, you must remit payment on or before the expiration of the applicable Subscription period. We will not automatically renew your Subscription. If we do not receive timely payment from you prior to the expiration of the applicable Subscription period or if the payment in connection with your Subscription fails for any reason, we reserve the right to restrict your access to the Services, as determined by us. For instructions regarding canceling your Subscription, see Section 12 below.
(c) Subscription Content. A portion of our Services may provide Users with access to certain Content upon purchasing a Subscription, such as access to Content within our document library (collectively, “Documents”) and access to Content templates (collectively, “Templates,” and together with Documents, collectively “Subscription Content”).
6. Template Disclaimer. You understand and agree the Templates available through our Services are forms only, modeled after examples of the broadest use. THE TEMPLATES HAVE NOT BEEN PREPARED BY AN ATTORNEY OR OTHER LEGAL PROFESSIONAL AND ARE NOT TO BE CONSIDERED LEGAL ADVICE. You understand and agree that the available Templates do not represent all of the possible options, provisions, clauses, or structures of a transaction or policy that may otherwise be available if an attorney were retained to prepare documents. WE ENCOURAGE YOU TO SEEK THE ADVICE OF THE APPROPRIATE PROFESSIONAL IN YOUR JURISDICTION PRIOR TO USING ANY TEMPLATES AND YOU HEREBY ASSUME THE RISKS ASSOCIATED WITH ANY FAILURE TO DO SO. You are solely responsible for determining if any Templates available through our Services are suitable for your needs.
7. Payment and Refunds.
(a) Payment. In connection with any items or Subscription you purchase using the Services, you agree to pay us the amounts displayed on the Website or in an applicable purchase order, each as determined by us. The policies and prices that are disclosed to you when you purchase a Subscription or other Services are a part of these Terms. Further, you authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees, costs, and other amounts incurred by you in the Services, as determined by us. In connection with any fees, costs, and other amounts paid by you, you agree: (i) to only provide valid and current payment information; (ii) that we may use the tools, software or services of the payment processor selected by us from time to time (currently, Stripe, Inc., our “Payment Processor”) to process fees, costs, and other amounts as well as transactions on our behalf; (iii) to promptly pay all amounts which are due and payable to us upon demand; and (iv) to abide by the terms and policies of our Payment Processor. We are not responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the conduct of our Payment Processor. All amounts shall be paid in US Dollars.
(b) Refunds. We have the right, but no obligation, to provide refunds of fees paid to us by you in connection with Subscriptions, as determined solely by us. If we determine, in our sole discretion, to provide you with a refund of fees paid by you in connection with a Subscription, we will provide you with a pro rata refund based on the number of days remaining to your Subscription, as determined exclusively by us. Generally, for clarity by way of illustration only, and without altering any provision of these Terms, we will not provide a refund of any fees paid in connection with an unused portion of your Subscription duration if we terminate your Subscription due to any action or inaction by you relating to the Services that we determine in our sole discretion violates these Terms or is otherwise objectionable.
8. Third Parties. From time to time, we may engage third parties to assist us in providing certain aspects of the Services. You agree that we may engage such third parties in providing Services to you, as determined by us.
9. Content Generally.
(a) By Us. All Content on our Services or obtained from a Linked Site (defined below) are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. Buildings One provides our Services for informational purposes only and any statements made by us are opinions only. OUR SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, REAL ESTATE AGENT, REAL ESTATE BROKER, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE. OUR SERVICES ARE A RESOURCE ONLY. We are not attorneys, paralegals, real estate agents, real estate brokers, accountants, or tax specialists, or any other sort of licensed professional. As such, we expressly disclaim all liability related to the accuracy or reliability of any opinion, guidance, or Content Transmitted by us or available through our Services or reliance on any of the aforementioned. The information, research, and opinions contained in our Services have been obtained or derived from sources believed to be reliable, but we do not guarantee Content accuracy or Content completeness nor our opinions based thereon. You should not rely solely upon the Content on our Services. WE ENCOURAGE YOU TO SEEK THE ADVICE OF THE APPROPRIATE PROFESSIONAL IN YOUR JURISDICTION PRIOR TO USING ANY TEMPLATES AND YOU HEREBY ASSUME THE RISKS ASSOCIATED WITH ANY FAILURE TO DO SO. We strive to provide top-quality Services to you. However, the Content published through the Services may also include inaccuracies or typographical errors. We do not warrant or represent that the Content available through our Services is complete or up-to-date.
(b) Linked Sites.
(ii) Third Party Products and Services. When you use our Services to purchase products or services from a Linked Site, you are purchasing that product or service directly from the third party Linked Site. Your order is placed with, filled by, and shipped by that third party Linked Site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from a Linked Site or third party. You understand that you must contact the third party Linked Site directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds, or general information. By using our Services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party Linked Site.
(iii) Ads. Our Services may display third party advertisements, promotional material, and Linked Sites. We may be compensated for clicks or purchases in connection with these third party advertisements, promotional material, and Linked Sites.
(c) Transmitted by You.
(i) You agree that you are solely responsible for and retain all rights in the Content that you Transmit using our Services and otherwise Transmit to us or other Users (collectively, “User Content”). You agree that you will not: Transmit Content that infringes on the intellectual property rights of others; Transmit any Content which violates any provision of these Terms; or Transmit any objectionable Content as determined by us in our sole discretion. YOU AGREE THAT WE SHALL NOT BE HELD LIABLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY OF YOUR USER CONTENT.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to your User Content, that you are able to and authorized to grant us the license in your User Content listed in Section 9(c)(ii) above, that your User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that your User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.
(iv) You agree that we may but are not obligated to: filter any User Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display any User Content; remove User Content from our Services for any reason or no reason, as determined by us; and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from our Services.
(v) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other User Content Transmitted on our Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, we are not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content made available on our Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any User Content Transmitted by you or by a third person using your Account.
(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through our Services or a Linked Site.
10. Intellectual Property.
(a) Trademarks. BUILDINGS ONE, BUILDINGS ONE.COM and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission in a separate instrument, which may be withheld by us in our absolute discretion. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the laws of the Commonwealth of Virginia to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the Commonwealth of Virginia to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the license(s) granted to you under these Terms. Except for the license(s) granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a policy in accord with the Digital Millennium Copyright Act of 1998 (the “DMCA”) respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a User’s ability to use our Services, in appropriate circumstances, if we determine that User is infringing on the intellectual property rights of others. If you believe that a User is, through the use of the Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the Content on the Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such Content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Designated Agent is:
Dunlap, Bennett & Ludwig PLLC
ATTN: David Ludwig
211 Church Street, SE
Leesburg, VA 20175
11. Use Restrictions. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Buildings One, a User, or a third party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to our Services; (d) Transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
12. Termination, Restriction and Suspension.
(a) Termination By You. You may cancel your Account and/or Subscription at any time for any reason or no reason by contacting us via the contact page on our Website. Termination of your Account and/or Subscription will be effective within a reasonable time after we receive notification of your desire to cancel, as determined by us.
(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Account, your Subscription, and/or any license to access or use any portion of the Services granted by these Terms at any time, without prior notice, if we determine in our in our sole discretion that any action or inaction by you relating to the Services violates these Terms or is otherwise objectionable.
(c) Effects of Termination. Upon expiration or termination of your Subscription, the licenses granted under Section 5(c) will automatically terminate and you will no longer have the right to access or use any Subscription Content.
(a) OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, CONTENT, AND/OR THE SERVICES BUILDINGS ONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUILDINGS ONE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. BUILDINGS ONE MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUILDINGS ONE OR THROUGH THE WEBSITE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU UNDERSTAND THAT BUILDINGS ONE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. BUILDINGS ONE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES.
14. Release and Waiver of Claims. To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (a) THE SERVICES, (B) CONTENT, (C) A SUBSCRIPTION, (D) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (E) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
15. Assumption of the Risk. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING OR ACCESSING THE SERVICES, WEBSITE, AND/OR CONTENT.
16. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO ANY ASPECT OF THE SERVICES, CONTENT, AND/OR WEBSITE OR YOUR INABILITY TO USE OUR SERVICES, CONTENT, AND/OR WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the greater of (a) one hundred twenty-five dollars ($125) or (b) the fees paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
17. Dispute Resolution.
(a) In the event that any dispute arises with respect to the Services, these Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, Loudoun County, Virginia, and at our option, such arbitration shall be before a single neutral arbitrator selected in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association. In the event we elect not to require that a dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Loudoun County, Virginia or in the U.S. District Court for the Eastern District of Virginia, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Loudoun County, Virginia or in the U.S. District Court for the Eastern District of Virginia, as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms, including but not limited to the provisions of Sections 5, 9, 10, and 11 were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 17, we shall be entitled to petition the courts listed in Section 17(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without posting bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration or to the above class action wavier according to this Section 17, the parties agree to litigate any such dispute according to Section 17(a) above and to replace any other such terms or provisions of Section 17(a) or Section 17(b) with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 17 shall be enforceable as so modified. In any event, the remainder of these Terms will continue to apply.
18. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services, including but not limited to your use, misuse, or inability to use any Content; any infringement of a third party’s rights (including but not limited to intellectual property rights); your Device; your breach of representation or warranty; your User Content alterations of, loss of, or unauthorized access to any Content Transmitted or received or not Transmitted or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Services by you; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies by you, each as determined by us.
19. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 3, 4, 6, 7, 9, 10, 12 and 13 through 30 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Account, your Subscription, and/or any license to access or use any portion of the Services granted by these Terms shall survive any such termination.
20. Notification. By using the Services, you agree that we may provide you with any notices or other communications about the Services or your Account electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is received by you. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liable for Transmitting any Content to Users.
21. Severability; No Waiver. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us, as determined by us.
23. Our Relationship with You. Our relationship is that of an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Buildings One to be treated as employer-employee, partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
24. Entire Agreement; Modification. These Terms together with our Policies and any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by displaying the updated Terms of Service on our Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes reflected in the updated Terms of Service.
25. Headings; Interpretation. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.
27. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. We merely provide a platform to allow Users to interact with other Users. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Your use of our Services, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any User without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
29. Updates. You agree that we may (and reserve the right to) modify, update, alter and/or discontinue the Services, Content, and/or Website, in whole or in part, with or without notice at any time, as determined by us in our sole discretion.
30. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice via the contact page on the Website.
Effective November 5, 2015
A. About Us.
If you do not agree to the practices described below in this Policy, do not browse our Website or use our Services, as your continued use of our Services indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Data and other information as described in this Policy.
Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy shall have the meanings given to such terms in the Terms of Service. If you have any questions or concerns, please do not hesitate to contact us via the contact page on our Website.
1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create an Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. To use the Services you may be asked to provide your: full name, email address, billing information, and related information.
(b) Location Data. Third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. By using the Services, you expressly consent to the collection of Location Data. To opt out of the collection of Location Data, contact us via the contact page on our Website. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.
(c) Use Data. When you send or receive Content using our Services, we collect data about that Content.
(d) Log Information. When you browse our Services, you do so anonymously, unless you have previously created an Account with us. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 7 below for more information.
(e) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Policy does not restrict what we can do with aggregate information.
(e) Ad Data. We may use ‘Google AdSense’ by Google, Inc. (“Google”) to integrate advertisements on the Services. Google AdSense uses ‘cookies’ and ‘web beacons’. If the Services uses ‘Google AdSense’, then information about the use of the Services (including your IP address) and the delivery of advertising formats generated by cookies and web beacons will be processed to a server of Google in the United States and will be saved there. This information may be processed to contractual partners of Google by Google. Google will not associate your IP address with any other Google data. Through the use of the Services, you express your consent to the processing of data collected by Google about you in the manner and for the purposes described in this Policy and in Google’s partner data policy here: Google Partner Data Policy.
(g) Tracking Technology. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Services or Linked Sites. Please see Section 7 below for further information, including information about how to disable cookies.
(h) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
2. How We Use It. We use your Personal Data to:
(a) enable us to provide the Services to you;
(b) notify you regarding Services, your Account, Subscription or fees;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(e) deliver ads on our Services and on the websites of advertising partners, to improve and monitor our advertising, and to provide you with targeted ads;
(f) investigate objectionable use of the Services;
(g) respond to requests for assistance from our customer support team;
(h) analyze trends and use of our Services;
(i) analyze the Personal Data and other Content provided by Users; and
(j) carry on our business, as determined by us.
3. Who We Share It With.
We will share Personal Data with third parties:
(a) when you have enabled us to share your Personal Data with third parties according to our Terms of Service (e.g. sending you newsletters). Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices;
(b) when necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above;
(c) when required by law or by court order;
(d) to protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others;
(e) if we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Policy will be assigned and delegated to the other company; and
(f) to perform tasks for us or in connection with our business and the Services, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
WE DO NOT SELL OR LEASE THE PERSONAL DATA OF ANY USER.
4. Your Choices.
(a) Any information, Personal Data, or Content that you voluntarily disclose for Transmitting to the Website may become available to other Users and/or the public. Once you have Transmitted Content to the Website, you acknowledge and agree that any Content you Transmitted may be re-shared by Users and others and we have no control over any such re-sharing.
(b) The Services may allow you to use the Services or your Social Media Profiles to share Location Data or other Content with Users, a Linked Site, or other third parties. If you use such functionality of the Services, then you should use caution when determining to whom you want to make your Location Data and/or Content available. If you choose to Transmit your Location Data and/or Content on third party Social Media Profiles, then, depending on the privacy settings of your Social Media Profiles, it is possible that persons in addition to those to whom you intended to view your Location Data and/or Content could have access to such information. Accordingly, you should use caution when sharing Location Data via and/or Content third party Social Media Profiles and you should carefully review the privacy practices of such Social Media Profiles.
(c) Any Content that you Transmit may be searchable by other Users and may be viewable to third parties. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using our Services.
(d) If you remove information, Personal Data, or Content that you Transmit to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.
(e) You may opt out of targeted advertisements from some third party companies by visiting the Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which provide simple ways to opt out of ad targeting from participating third party companies. When you opt out, your selection will be stored in a cookie that is specific to your Device or computer and the web browser you are using. The opt out cookie has an expiration date of five years. If you delete the cookies on your computer or Device, you will need to opt out again.
(f) We will contact you from time to time to provide updates about our Services. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us via the contact page on our Website; or (ii) following the instructions in the communication.
5. Security of Your Personal Information. We exercise reasonable care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, our Payment Processor uses the Secured Socket Layer (‘SSL’) encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
6. Your Account. Users may review and update Personal Data by logging into their Account. If your Account is terminated by you or us, we will remove your name and other Personal Data from our publicly viewable database. If you close your Account, we have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain Content related to you for any reason we determine. We may also retain and use your Content if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.
8. Compliance with the Children‘s Online Privacy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (at 15 USC § 6501-6506). We never collect or maintain Personal Data through the Services from those we actually know are under thirteen (13), and no part of the Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
9. Linked Sites. The Services and/or third parties may provide links to Linked Sites and data provided by third parties. However, we are not responsible for the privacy practices employed by Linked Sites, nor are we responsible for the information or materials that third party data contains. This Policy applies solely to information collected by us through the Services; thus when you use a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data may be collected by the Linked Site and made available to us.
10. Ad Revenue. The Services may display advertisements operated by us, our Affiliates, and/or third party Advertisers. Some of the advertisements we display are targeted to you based on your online behavior and your click habits and we may receive compensation based on your clicks.
11. California Privacy Rights. California’s ‘Shine the Light’ law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above in Section 4, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us as described below.
12. Changes to our Policy; Miscellaneous. We reserve the right to change this Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Policy by displaying the updated Policy on our Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, our Terms of Service shall control.
13. Questions or Comments Regarding this Policy. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us via the contact page on our Website.