This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at support@builderpad.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 11/7/2011.
1. REGISTRATION. Upon your registration, you will be required to provide a working email address that will be your login name. You are free to choose your own password or BuilderPad, hereby owner of BuilderPad, will assign you a password.
2. SERVICES. BuilderPad is a community online network of construction related companies and individuals with a common interest of working with, managing, and referring quality construction contacts. As part of our services we provide a package of project management tools and a free online public directory listing of service contractors. BuilderPad does NOT guarantee that we will be able to match your service needs with a service professional, or that there are service professionals in your area that are capable and/or willing to complete your service needs.
Everyone is accepted to the community and no information herby provided by service contractors is guaranteed or validated by BuilderPad Buyers/users of these service contractors must perform their own due diligence before hiring such service contractors.
We make NO guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. BuilderPad does not endorse or recommend the services of any particular service professional. It is entirely up the user to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals listed on, or related to BuilderPad, are not employees or agents of BuilderPad Nor is BuilderPad an agent of the service professionals. BuilderPad does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE BUILDERPAD (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE BuilderPad MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
3. BuilderPad OFFERS NO SERVICE GUARANTEE. While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the BuilderPad with having no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a service professional.
4. INFORMATION YOU PROVIDE BY SERVICE CONTRACTORS. Upon registering with BuilderPad you will be prompted to disclose certain information about yourself and your company service requirements, and you will be able to store information on our Web site. Only contact information you provide and other information you provide in your Profile will be used on your directory listing. This directory listing is public and your information will be open to the public for those searching your services using BuilderPad. This information will be used by those who seek your services and to respond to you, or to other persons or entities in connection with our business. By providing this information to us, you are requesting, and you expressly consent to being contacted by us and by visitors of the site via your provided phone, fax, email, mail or other reasonable means. You consent that this information is available to the public, and that your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing an application and upon your membership approval, you are entering into a business relationship with BuilderPad and its partners and thus agree to be contacted by BuilderPad and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or BuilderPad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BuilderPad has the right to refuse any current or future use of the BuilderPad services (or any portion thereof) by you. For paying customers, in the event of false information leading to termination of account, you will not receive a refund after the 30 day trial period. For more information about our return policy please see the full return policy. You are fully responsible for any use of the BuilderPad services by persons to whom you intentionally or negligently allow access to your password.
5. USE OF THE SERVICES. You acknowledge and agree that your use of the services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the BuilderPad Web site, including but not limited to Service Professional profiles, and screening information is the sole and exclusive property of BuilderPad, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to BuilderPad for any such damages, and will indemnify BuilderPad in the event of any third party claims against BuilderPad based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the BuilderPad Web site and services at any time. All information about service professionals are confidential and for your personal use only. If it is determined or suspected by BuilderPad in its sole discretion that you are misusing or attempting to misuse or circumvent the BuilderPad services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, BuilderPad reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the BuilderPad server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of BuilderPad Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the BuilderPad Web site or any other BuilderPad owned, operated, licensed or controlled site. Elements of BuilderPad Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BuilderPad web Site may be copied or retransmitted unless expressly permitted by BuilderPad BuilderPad AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUILDERPAD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE BuilderPad WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BuilderPad AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. LINKS TO THIRD PARTY SITES. The links in the BuilderPad Web site will let you leave the Web site. The linked sites are not under the control of BuilderPad and BuilderPad is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. BuilderPad is not responsible for web-casting or any other form of transmission received from any linked site. BuilderPad is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BuilderPad of the site.
8. SERVICE PROFESSIONAL PROFILES (DIRECTORY LISTINGS): BuilderPad allows Service Professionals to post profile service descriptions about themselves and their business on the BuilderPad Web site. BuilderPad does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY BuilderPad, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE BUILDERPAD SERVICES OR IN CONNECTION WITH THE BUILDERPAD WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
10. GENERAL PROVISIONS. You acknowledge and agree that the BuilderPad services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and BuilderPad's sole obligation to you or any third party for any claim arising out of your use of the BuilderPad services or the BuilderPad Web site, is that you are free to discontinue your use of the BuilderPad services or the BuilderPad Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BuilderPad EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT BUILDERPAD SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF BuilderPad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of BuilderPad's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of BuilderPad to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BuilderPad services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of UTAH as such laws are applied to agreements entered into and to be performed entirely in the State of UTAH and between UTAH residents. You agree to submit to jurisdiction in UTAH and that any claim arising under these Terms and Conditions will be brought solely in a court in Salt Lake County, UTAH.
