Changes to these Terms or the Website
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Website at any time. All changes are effective immediately and apply to all access to and use of the Website thereafter. You agree that your continued use of the Website following such changes constitutes your acceptance of such changes to these Terms.
Any use by anyone under the age of 13 is prohibited.
Products sold through the Website may be offered by Build Group or other third parties. The availability of any products does not imply our endorsement of the products. We do not represent, warrant, or guarantee that product descriptions are accurate, complete, reliable, current or error-free. If a product purchased through the Website is not as described, your sole remedy, if any, is from the manufacturer of such product in accordance with the applicable manufacturer’s warranty or return or exchange policy.
Your Use of the Website
Subject to these Terms, Build Group grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Build Group, in the manner permitted by these Terms.
The Website is provided for your personal use only and not for any for-profit or commercial activities, except as expressly permitted in these Terms. No Build Group materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Website.
You are permitted to view and print a reasonable number of copies of content from the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that: (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials; (b) you provide attribution to Build Group; (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind; and (d) any such copies are subject to the terms and conditions of these Terms and remain the property of Build Group. You understand and agree that you may not authorize any content to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all necessary steps to prevent any unauthorized reproduction or other use of the content. Failure to abide by these conditions will immediately terminate this limited permission and may result in the infringement of the copyrights and/or trademarks and other proprietary or intellectual property rights of Build Group or others.
The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Website (excluding content provided by users) are and will remain the exclusive property of Build Group and its affiliates. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Build Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By using the Website you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by third parties. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any content.
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Website by us, other users of the Website and/or any third party.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, Build Group’s computer systems, or the technical delivery systems of Build Group’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Build Group; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Website.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
The Website may contain links to third party websites, Website, or other content that are not owned or controlled by Build Group. We do not endorse or assume any responsibility for such third party sites, information, products, or Website. If you access any third party website, service or content from Build Group, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
You have permission to use Build Group buttons, links, and widgets, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Website. You will not modify such buttons, links or widgets or associated code in any manner, and that you will not use such buttons, links and widgets in any manner which implies or suggests that Build Group operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
We care about the security of our users. While we work to protect the security of your information and communications, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your information and communications.
Term and Termination
These Terms are effective from the date that you first access the Website and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
Build Group may terminate or suspend your access to all or part of the Website at any time, in our absolute discretion, with or without notice, for any or no reason.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, or any part or portion thereof. Nothing in these Terms will be construed to obligate Build Group to maintain or support the Website, or any part or portion thereof, during the term of these Terms.
As a condition of your access to and use of the Website, you agree to indemnify and hold harmless Build Group and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Website, (b) any breach of your representations, warranties, or covenants under these Terms, or (c) your breach of any of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.
The Website and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, BUILD GROUP expressly disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (i) completeness, accuracy, availability, timeliness, security or reliability of the Website or any content provided by the Website (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; (iii) the deletion of, or the failure to store or to transmit any content and other communications through the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
WHILE BUILD GROUP, INC.; Build Group Construction Company, Inc.; Pacific Structures, Inc.; Pacific Structures SC, Inc.; and Level 5, Inc. ARE PART OF AN AFFILIATED FAMILY OF COMPANIES, WE OPERATE AS separate LEGAL ENTITIES AND EACH ARE SEPARATELY RESPONSIBLE FOR THE WEBSITE EACH SUCH COMPANY OFFERS.
Limitation of Liability
To the maximum extent permitted by law, BUILD GROUP shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. in no event shall BUILD GROUP’s aggregate liability for all claims related to the Website exceed the greater of one hundred dollars ($100.00) or the amounts paid by you to BUILD GROUP for the past six months for the Website.
The limitations in this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not BUILD GROUP has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Website, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Francisco County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You and Build Group agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Website (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Build Group each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Build Group agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Build Group agree otherwise, the arbitration will be conducted in San Francisco. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Build Group submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim. Notwithstanding the foregoing, you agree to injunctive relief by a court of competent jurisdiction in the event your breach of these Terms may or does cause irreparable harm to Build Group.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Build Group
The Website are provided by Build Group, Inc. You can contact Build Group by e-mailing us at firstname.lastname@example.org or by writing to us at the following address:
Build Group Inc.
160 South Van Ness Ave.
San Francisco, CA 94103
Effective July 4, 2018