Statement of Rights and Responsibilities
Claims Regarding Copyright Infringement
Claims Regarding Content
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with BuilderLink. By using or accessing BuilderLink, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on BuilderLink, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with BuilderLink ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the "public" setting, it means that everyone, including people off of BuilderLink, will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about BuilderLink, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep BuilderLink safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on BuilderLink.
- You will not collect users' content or information, or otherwise access BuilderLink, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on BuilderLink.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on BuilderLink without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
- You will not use BuilderLink to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of BuilderLink, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
BuilderLink users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on BuilderLink, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use BuilderLink if you are under 13.
- You will not use BuilderLink if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on BuilderLink that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on BuilderLink if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our Claims Regarding Copyright Infringement and Claims Regarding Content sections.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including BuilderLink, YourBuilderLink and the BuilderLink Logo), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on BuilderLink.
If you make a payment on BuilderLink or use BuilderLink Credits, you agree to our Payments Terms.
7. About Advertisements on BuilderLink
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Advertisers
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with BuilderLink without written permission.
- We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of BuilderLink to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or BuilderLink exclusively in a state or federal court located in Alameda County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Alameda County, California for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on BuilderLink, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP BUILDERLINK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BUILDERLINK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BUILDERLINK WILL BE SAFE OR SECURE. BUILDERLINK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BUILDERLINK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BUILDERLINK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BUILDERLINK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "BuilderLink" we mean the features and services we make available, including through (a) our website at www.YourBuilderLink.com and any other BuilderLink branded or co-branded websites (including sub-domains, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean BuilderLink, LLC.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from BuilderLink or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on BuilderLink that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from BuilderLink or provide to BuilderLink through Platform.
- By "post" we mean post on BuilderLink or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into BuilderLink at least once in the previous 30 days.
- By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
This Statement makes up the entire agreement between the parties regarding BuilderLink, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
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**Note! You Are Concluding a Legally Binding Agreement.**
By accessing, viewing, downloading or otherwise using BuilderLink or any webpage or feature available through BuilderLink, any information provided as part of the BuilderLink services, or any related emails, newsletters or services (hereinafter collectively "BuilderLink" or the "Services"), or by clicking "Join BuilderLink" during the registration process, you conclude a legally binding agreement with BuilderLink, LLC., 4660 Main St., Ste. 400-2, Springfield, OR 97478, USA ("we") based on the terms of this BuilderLink User Agreement ("Agreement") and become a BuilderLink user ("User"). If you are using BuilderLink on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click "Join BuilderLink" and do not access, view, download or otherwise use any BuilderLink webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
- DOs and DON’Ts
- Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
- Other Notices
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform BuilderLink in the event that any such information has changed since your registration with BuilderLink and, if appropriate, you agree to make such modifications yourself to your profile.
Prior to joining BuilderLink, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of BuilderLink Users and to BuilderLink and you must not communicate to BuilderLink and its Users any information the dissemination of which could be harmful to you.
Service Eligibility: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from BuilderLink; (c) are not a direct competitor of BuilderLink; (d) do not have more than one BuilderLink account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to BuilderLink, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (Support@YourBuilderLink.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your BuilderLink account or any information therein to another party or charging anyone for access to any portion of BuilderLink, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to BuilderLink or (c) any activity in which you engage on or through the BuilderLink.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. See the BuilderLink Payment Policy for more details.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BuilderLink account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Forums/Blogs/Chat Rooms: BuilderLink may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. BuilderLink cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. BUILDERLINK AND THE BUILDERLINK AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Export Control: Your use of BuilderLink services, including its software, is subject to export and reexport control laws and regulations, including the 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, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2. Your Rights — What You May Do
3. Our Rights and Obligations — What We Must And May Do
The purpose of BuilderLink is to provide a service to facilitate professional networking among Users throughout the country. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.
For as long as BuilderLink continues to offer services, BuilderLink shall provide (and seek to update, improve and expand, in similar and different new ways) the BuilderLink system and service with the purpose of providing all members with professional networking connectivity, through BuilderLink’s proprietary tools, rules and protocols which BuilderLink may update, improve, discontinue and change at any time, at BuilderLink’s sole discretion.
Any other use of BuilderLink (such as seeking or to use BuilderLink as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access BuilderLink as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue BuilderLink, partially or entirely, or to charge and modify prices for BuilderLink. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in BuilderLink and all related items.
BuilderLink reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, BuilderLink has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
BuilderLink may include or automatically produce links to third party web sites ("Third Party Sites"). BuilderLink is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. BuilderLink may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave BuilderLink and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from BuilderLink or relating to any applications you use or install from the site.
BuilderLink enables certain third-party developers ("Platform Developers") to create websites and applications that retrieve data made available by BuilderLink and its users and/or that retrieve authorized data from third-party sites for use through the Service ("Platform Applications").
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BuilderLink, the BuilderLink Affiliates, its Users and the public.
BuilderLink may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other members. BuilderLink reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if BuilderLink determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON BUILDERLINK, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BUILDERLINK AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BUILDERLINK OR ANYTHING RELATED TO BUILDERLINK, YOU MAY LEAVE BUILDERLINK AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
BUILDERLINK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BUILDERLINK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
BUILDERLINK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, BUILDERLINK DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
BUILDERLINK DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. BUILDERLINK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BUILDERLINK DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE BUILDERLINK SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO BUILDERLINK.
5. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither BuilderLink corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors ("BuilderLink Affiliates") shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from BuilderLink even if BuilderLink is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
- apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
- not apply to any damage that BuilderLink Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
You may terminate this Agreement, for any or no cause, at any time, with notice to BuilderLink which shall be effective upon BuilderLink processing such notice. BuilderLink may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by BuilderLink or the party paying for such services. Termination of your BuilderLink account includes disabling your access to BuilderLink (including any content you submitted or others submitted) and may also bar you from any future use of BuilderLink.
In furtherance and without limiting the foregoing, BuilderLink has adopted a policy of terminating, in appropriate circumstances and at BuilderLink’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. BuilderLink may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Consequences of Termination
Upon termination, you lose access to BuilderLink. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
8. California Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any BuilderLink Affiliate arising out of or relating to the Agreement or BuilderLink ("Disputes") shall be governed by California law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys' Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Berkeley, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to California would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
9. General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.YourBuilderLink.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at info@YourBuilderLink.com or via mail or courier at BuilderLink, LLC., 4660 Main St., Ste. 400-2, Springfield, OR 97478, USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.YourBuilderLink.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any BuilderLink Affiliate shall be deemed legally binding on any BuilderLink Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of BuilderLink.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: BuilderLink Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, BuilderLink, LLC., for any third party that assumes our rights and obligations under this Agreement.
Regarding copyright infringement complaints, see our policies and procedures for Complaints Regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
11. BuilderLink User DOs and DON’Ts
As a condition to access BuilderLink, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
- comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
- provide accurate information to us and update it as necessary;
- review and comply with notices sent by BuilderLink concerning BuilderLink;
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit BuilderLink (excluding content posted by you) except as permitted in the User Agreement;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide BuilderLink, or any part thereof;
- include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
- utilize information, content or any data you view on and/or obtain from BuilderLink to provide any service that is competitive, in BuilderLink’s sole discretion, with BuilderLink;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by BuilderLink unless you have entered in to a written agreement with BuilderLink, Inc. (this includes representing yourself as an accredited BuilderLink trainer if you have not been certified by BuilderLink as such);
- adapt, modify or create derivative works based on BuilderLink or technology underlying the Services, or other Users’ content, in whole or part;
- rent, lease, loan, trade, sell/re-sell access to BuilderLink or any information therein, or the equivalent, in whole or part;
- deep-link to the Site for any purpose, (i.e. including a link to a BuilderLink web page other than BuilderLink’s home page) unless expressly authorized in writing by BuilderLink or for the purpose of promoting your profile or a Group on BuilderLink;
- access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval;
- use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the site;
- use automated methods to add contacts, send messages or other permitted activities;
- access, via automated or manual means or processes, BuilderLink for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- engage in "framing," "mirroring," or otherwise simulating the appearance or function of BuilderLink’s website;
- attempt to or actually access BuilderLink by any means other than through the interface provided by BuilderLink;
- attempt to or actually override any security component included in or underlying BuilderLink;
- engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- remove any copyright, trademark or other proprietary rights notices contained in or on BuilderLink, including those of both BuilderLink or any of its licensors;
- remove, cover or otherwise obscure any form of advertisement included as part of BuilderLink;
- use any information obtained from BuilderLink to harass, abuse or harm another person;
- collect, use or transfer any information, including but not limited to, personally identifiable information obtained from BuilderLink except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
- interfere with or disrupt BuilderLink, including but not limited to any servers or networks connected to BuilderLink, or disobey any requirements, procedures, policies or regulations of networks connected to the BuilderLink;
- invite people with whom you have no prior relationship to join your network;
- use or attempt to use another's account without authorization from the Company, or create a false identity on BuilderLink;
- infringe or use BuilderLink’s brand, logos and/or trademarks, including, without limitation, using the word "BuilderLink" in any business name, email, or URL or including BuilderLink’s trademarks and logos on any website without authorization;
- upload, post, email, transmit or otherwise make available or initiate any 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;
- is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by BuilderLink;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using BuilderLink invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using BuilderLink to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of BuilderLink or any User of BuilderLink;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field).
- Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices.
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Claims Regarding Copyright Infringement
Each User grants BuilderLink a license to use the content supplied by each such User for the purposes of disclosure on the BuilderLink website.
This license includes, inter alia, the right for BuilderLink to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of BuilderLink and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes BuilderLink to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of BuilderLink for any purpose other than for those purposes strictly related to use of the BuilderLink services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, BuilderLink, LLC. has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide BuilderLink's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BuilderLink LLC.'s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at Support@YourBuilderLink.com or by mail at:
4660 Main St., Ste. 400-2
Springfield, OR 97478
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- BuilderLink, Inc. may remove or disable access to the material that is alleged to be infringing;
- BuilderLink, Inc. may forward the written notification to such alleged infringer; and
- BuilderLink, Inc. may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with BuilderLink, Inc.'s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the BuilderLink Inc.'s Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which BuilderLink Inc. may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- BuilderLink Inc. may promptly provide you with a copy of the Counter-Notification;
- BuilderLink Inc. may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- BuilderLink Inc. may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided BuilderLink Inc.'s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on BuilderLink Inc.'s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
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Notice and Procedure for Making Complaints Regarding Content
To notify BuilderLink Corporation of Content that infringes your rights (other than copyright violations in which case please email Support@YourBuilderLink.com) or is otherwise unlawful ("Specified Content"), you must send a notice to the BuilderLink Inc.s Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Web Site;
- (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person's behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
BuilderLink Content Complaint Manager
Contact information for BuilderLink Corporation's Content Complaint Manager is as follows:
Mail: BuilderLink, LLC
4660 Main Street, Suite 400-2
Springfield, OR 97478
877-228-0884, ext 4
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