This website is operated by Buildafy, LLC. Throughout the site, the terms "we", "us" and "our" refer to Buildafy, LLC, its affiliated entities, parent companies, members, employees and agents. Buildafy, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
THIS AGREEMENT, IN SECTION 24 CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
This Agreement applies whether you are a “Buildafy Creator” (which means that you have registered to utilize our tools to build a website (“Buildafy Website“)), a “Buildafy Member” (which means that you have registered on one of the Buildafy Websites), or a “Visitor” (which means that you are visiting Buildafy.com or any hosted Website)). The term “User” refers to a Visitor or a Buildafy Member or a Buildafy Creator.
SECTION 1 - WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. No one under the age of 13 may use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; and (b) If you are using or creating a Buildafy Website as a representative of a company or legal entity: (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity. You acknowledge and accept that your account and Buildafy Website (as applicable) may be deleted and your membership may be terminated without notice, if, at our sole discretion, we suspect that you are in violation of any of the above provisions.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
SECTION 2 – PAID SERVICES
Some of the Services require payment of fees (“Paid Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees in connection with such Paid Services selected by you, as further described therein. You authorize us, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services, whether directly or via third parties, at our discretion.
It is hereby clarified, that all our rates and fees in connection with Paid Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to us. We reserve the right to change our rates and at any time, by publishing the revised rates on Buildafy.com with no further notice.
You authorize us to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with us. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. FOR THE SERVICES, WE ONLY OFFER RECURRING PAYMENTS; THEREFORE, YOU AGREE THAT WE MAY AUTOMATICALLY CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH RECURRING PERIOD.
As long as we do not receive a request for Paid Services termination in writing to one of the addresses listed on Buildafy.COM under “Contact Us,” we will continue to charge you for the Paid Services for as long as your account remains active, regardless if the Paid Services are being actually used or not. If, at any time, you contact your bank or credit card company and reject the charge of any payable fees due to the Paid Services, this act will be considered a breach of your obligations under these Terms of Services and your use of the Paid Services will be automatically terminated with no notice. Your use of the Paid Services will not resume until you re-subscribe for any such Paid Services, subject to our discretion.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay us all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family, friends or other third parties) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, and (b) we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us), and (c) We reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your Buildafy Website from Buildafy.com. EXCEPT AS MAY BE SET FORTH HEREIN, ANY FEES CHARGED TO YOUR ACCOUNT ARE NON-REFUNDABLE. You agree to submit any disputes regarding any charge to your account in writing to us within twenty (20) days of such charge, otherwise such dispute will be considered waived and such charge will be final and not subject to challenge by you.
SECTION 3 - ACCURACY, PASSWORDS, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
By becoming a Member or a Buildafy Creator, you will also be requested to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal action against individuals who misuse accounts and memberships on Buildafy.com. In addition, you acknowledge and accept that we shall not be liable for losses sustained by you due to unauthorized use of your account and/or Website and that you shall be fully liable for any and all costs and/or losses sustained by us or by third parties due to such unauthorized use.
SECTION 4 – USER DATA AND WEBSITE CONTENT CONTROL
You control the Buildafy Websites you create using the Services and we do not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, animation, or any other work or authorship added to or submitted with any of the foregoing (collectively, “Content“) posted by you or by Visitors or Members of your Buildafy Websites. Therefore, we take no responsibility for any Content located on your Buildafy Website and we have no obligation to monitor such Content or your Buildafy Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service or applicable law and for ensuring compliance with these Terms of Service and applicable law. By visiting or becoming a Member of a Buildafy Website created by using the Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Buildafy Website may be accessed by the Buildafy Creator and their authorized representatives and administrators. Similarly, by adding or using a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Visitors or Members provide in the interactions with your Buildafy Website as well as that service may be accessed by the respective affiliate or business partner and their authorized representatives. We require Buildafy Creators, affiliates and business partners to respect your privacy settings and our privacy guidelines, but your agreement with that Buildafy Website affiliate or business partner will control how they can use the Content and information shared with them. BE SURE TO CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER. Note that we cannot guarantee that such third parties will comply with their contractual requirements, and we do not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with you or with us.
SECTION 5 – OBLIGATIONS TO PROTECT USER DATA
SECTION 6 – PROPRIETARY RIGHTS TO CONTENT
By displaying or publishing/posting any Content on or through the Services, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services. Without this license, we would be unable to provide the Services. The license you grant to us is non-exclusive, fully-paid and royalty-free, transferable and sub-licensable, and worldwide. Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on Buildafy.com or Buildafy Websites after you remove it from the Services, as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. When you post any Content on a Buildafy Website, you provide the Buildafy Creator, other Members of that Buildafy Website or the public in general with permission to view and use your Content depending on the Buildafy Website’s privacy settings and policies, and you shall have no claim against us in respect to such use.
We: (1) offer on Buildafy.com links to Content hosted on third party websites, the use of which is subject to the license terms of such Content, at your full responsibility; and (2) allows you to post Content, as well as download, embed or link to Content hosted on third party websites. You acknowledge that we do not have the ability to determine the rightful owner of such Content and do not monitor the Services and/or Websites for Content infringement by Users. Therefore, you represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the use and/or posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, moral rights, contract rights, license terms of such Content or any other rights of any third party. You agree to pay for all royalties, fees, penalties and any other monies owing any person by reason of any infringing Content posted by you to or through the Services, including any infringement by your Members and/or Visitors.
If a Website is removed from Buildafy.com, the Content associated with that Website may also be deleted at the discretion of the Buildafy Creator or us. You should be aware that we are not required and may not keep back-up copies of Content on Buildafy.com once the Buildafy Website or Content is deleted. Additionally, we make no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on Buildafy.com.
Our Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the “Buildafy Content“). We own and retain all rights in the Buildafy Content and the Services. We hereby grant you a limited, freely revocable, non-sublicensable license to reproduce and display the Buildafy Content (excluding any software code) solely for your personal use in connection with using the Services as permitted herein. As between you and us, all the intellectual property rights in the Buildafy technology, which does not include your Content, are owned by us or our licensors.
The Services contain Content of Users and other Buildafy licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.
The Buildafy Website may contain links and content of third parties not controlled or owned by us, including but not limited to affiliates or business partners of Buildafy. You hereby acknowledge that we have no control and assume no responsibility or liability for any such content or actions of any third party, and you shall have no claim against us for any such content and/or actions.
SECTION 7 – CONTENT POSTED
You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by sending an email to email@example.com.
Without assuming any obligation to do so, we may delete any Content or suspend any Website or account associated with it, that in our sole judgment violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, we choose, in our sole discretion, to monitor the Services, we nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users. For the avoidance of doubt, the abovementioned refers to links to Content hosted on third party websites offered by us, as well.
SECTION 8 – PROHIBITED CONTENT AND ACTIVITY
The following is a partial list of the kind of Content and activity that is prohibited on any Buildafy Website and through the use of the Services. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability, if we believe you are in violation of this provision. We further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in our sole discretion:
• interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
• may constitute or contribute to a crime or tort;
• communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
• engages in unlawful multi-level marketing, such as a pyramid scheme;
• is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
• involves sending or otherwise posting unauthorized commercial communication (such as spam);
• solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
• solicits login information or accessing an account belonging to someone else;
• makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;
• facilitates or encourages any violation of these Terms of Service.
• attempts to impersonate another person or entity, including, but not limited to, a Member or Buildafy representative, to falsely state or otherwise misrepresent your affiliation with a person or entity;
• provides false personal information on Buildafy.com, or creates an account for anyone other than yourself without permission;
• creates and maintains a Buildafy Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
• uploads viruses or other malicious code;
• involves selling or otherwise transferring your account without our prior permission; or
• uses the Services to hyperlink to content not permitted on Buildafy.com.
SECTION 9 – THIRD PARTY INTERACTION
YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND CONDITIONS OF SUCH LICENSE AND RESTRICTIONS. You understand that by using Buildafy.com you may be exposed to Content that is offensive, objectionable, or indecent, and that you use Buildafy.com at your own risk. Content from other Users or third parties is made available to you through Buildafy Websites and Buildafy.com. The inclusion of any such Content on Buildafy.com does not imply our affiliation or endorsement of such Content. Because we do not control such Content, you agree that we are not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on Buildafy.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 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.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
SECTION 10 – OUR MARKS AND TEMPLATES
SECTION 11 – SUPPORT FOR YOUR WEBSITE
As a Buildafy Creator, you are responsible for implementing and maintaining all security and support for your Buildafy Website(s), including answering questions from your Members and Visitors. If you are a Buildafy Creator and have any question with regards to your account, please email us at firstname.lastname@example.org
SECTION 12 – MONEY BACK GUARANTEE
Paid Services include a 14-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 14 days of the activation of your account. The 14-day money-back guarantee may NOT apply to certain services (as indicated therein), such as domain name registration. It is hereby clarified, that once you purchase your domain name, you are its owner and it cannot be “returned” Under this Section or otherwise under this Agreement.
SECTION 13 – BUILDAFY CREATOR PLATFORM POLICIES
you may not use profanity or others’ trademarks in the name, domain or subdomain of your Website; (b) You may not edit or remove the Buildafy link at the bottom of your Website unless you purchase a Paid Service; (c) The Buildafy link may not be edited and must be available in the Sign in and Sign up pages of your Buildafy Website; (d) The Buildafy Terms of Service may not be edited and must be available in the Sign Up page of your Buildafy Website.
SECTION 14 – COPYRIGHT INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998, as may be amended from time to time (“DMCA“). In addition, we may terminate, without notice, the membership privileges and accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on Buildafy.com infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing us with the following information in writing to the following address: Buildafy.com,1000 N. West St. , Suite 1200, Wilmington, DE 19801 or to email@example.com
• 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.
• your address, telephone number, and email address;
• 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 written 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;
• a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
As a Buildafy Creator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner’s written notice (including any notices forwarded to you by us) that specified Content posted on a Buildafy Website that you control infringes that third-party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to us immediately. We may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Buildafy Website.
SECTION 15 – PRIVACY OF YOU COMMUNICATION
We care about the privacy of our Users. Your information may be stored and processed in any country in which we and our service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, we reserve the right to transfer information outside of your country and by using the Services, you consent to any such transfer of information outside of your country and shall have no claim against us for such transfer of information.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Buildafy, its subsidiaries, and affiliates, and their respective shareholders, officers, agents, licensors, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to: (a) any Content you submit, post, transmit, link, or make available through Buildafy.com; or (b) your use or misuse of the Services; or (c) your connection to the Services; or (d) your breach or alleged breach of this Agreement; or (e) your violation of any rights (including intellectual property rights) of a third party.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Buildafy. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
SECTION 17 – DISCLAIMER OF WARRANTIES
YOUR USE OF BUILDAFY.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. BUILDAFY.COM, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT BUILDAFY.COM, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BUILDAFY.COM, OR THE SERVER THAT MAKES BUILDAFY.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUILDAFY.COM MAKES NO GUARANTEE REGARDING: (A) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY BUILDAFY TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AS WELL AS DAMAGES OF BUILDAFY.COM AND/OR THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUILDAFY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM BUILDAFY.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON BUILDAFY.COM, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO LIABILITY THERBY.
SECTION 18 – LIMITATION OF LIABILITY
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR: (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE SMALLER OF :(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO US BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH OR ADVERTISED ON BUILDAFY.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOT WITHSTADING THE ABOVE, YOU HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE EXTENT PERMITTED BY LAW AND YOU AGREE THAT THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
SECTION 19 – CHANGES TO THE SERVICES
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
SECTION 20 – AMENDMENTS
We may amend, modify, change, add or remove portions of this Agreement at any time, without notice to you, by posting a revised version on www.buildafy.com. The revised version will be effective immediately at the time we post it. Your continued use of Buildafy.com or any Buildafy Website after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of: (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.buildafy.com. The revised version will apply to you immediately if you are a User who registers or first uses Buildafy.com on or after the posting of the revised version.
SECTION 21 – TERM AND TERMINATION
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of Buildafy.com at any time and for any or no reason. We have the right (at our sole discretion) for any reason to: (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Buildafy.com or any Buildafy Website, and (ii) remove and discard any Content within any Buildafy Website or anywhere on Buildafy.com, and (iii) shut down a Buildafy Website, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
SECTION 22 – EFFECTS OF TERMINATING
Upon deactivating your account, this Agreement terminates and your access rights to Buildafy.com and any Buildafy Websites immediately cease to exist. For Content you wish to delete from Buildafy.com, you can delete it by going to each of the Buildafy Websites to which you’ve contributed. We are not responsible for deleting Content on your behalf and we will not have any obligation to assist you in migrating your data or your Buildafy Website(s) off of Buildafy.com. Note that, even if Content is deleted from Buildafy’s active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content) and we shall be under no obligation to preserve or delete such Content. We will have no obligation to refund any fees paid for Paid Services.
SECTION 23 – SURVIVAL
The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-10, 12-18, 22, 24-26.
SECTION 24 – LAW AND ARBITRATION
For the purposes of this Section, references to "Buildafy," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
The arbitrability of any Disputes (as defined below) is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT EXCEPT FOR PURSUIT OF TEMPORARY INJUNCTIVE RELIEF. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO BUILDAFY, 919 NORTH MARKET STREET, SUITE 425, WILMINGTON, DE 19801, ATTN: LEGAL OPT-OUT AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR BUSINESS NAME; AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits us from asking the arbitrator to award us all costs of the arbitration including any administrative and arbitration fees paid by us on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the website shall be decided exclusively by a court of competent jurisdiction located in the Houston, Harris County, Texas.
Dispute is defined as “Any dispute, claim or controversy between you and us, our members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the website or Service, or otherwise regarding any aspect of your relationship with us that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes), regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
SECTION 25 – UNITED STATES EXPORT CONTROLS
You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations, as may be amended from time to time (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations, as may be amended from time to time (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Buildafy under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Buildafy from and against any fines or penalties that may arise as a result of your breach of this provision.
SECTION 26 – GENERAL TERMS
Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
The parties are independent contractors with respect to each other and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between us and you or between us and any Users of the Services.
Your accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. We may assign this Agreement in whole or in part in our sole discretion without your consent and without notice.
This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and us and governs your use of Buildafy.com, superseding any prior agreements (whether written or oral) between you and us regarding the subject matter hereof. The other Users of Buildafy.com are intended third party beneficiaries of your obligations under this Agreement.
We will not be liable for non-performance or delay in performance caused by any event beyond our direct control, including, but not limited to: internet failures, electrical power failure, strikes, labor disputes, labor or material shortages, wars, terror, acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God”. It is hereby clarified that this provision is in addition to the Section on the Limitation of Liability.
Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.