Terms of Use

Welcome to Buildzit. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "Buildzit"), you (the “User”) agree to these Terms of Use, last updated February 22, 2013.

The following terms and conditions govern all use of the Buildzit website ("the Website"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Buildzit’s Privacy Policy, and procedures that may be published from time to time on this Site by Buildzit (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. 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.

License

If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Buildzit in compliance with the terms and conditions; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Buildzit, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

Use

Subject to the terms and conditions of this Agreement, the Website is solely for the user's personal use. Buildzit may change, suspend or discontinue any services available on the website at any time, including the availability of any feature, database, or content. Buildzit may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.

User certifies to Buildzit that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Website, and takes full responsibility for the selection and use of the the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.

Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Website (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Website; (iii) rent, lease, or use the Website for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Website. As between the parties, Buildzit shall own all title, ownership rights, and intellectual property rights in and to the Website, and any copies or portions thereof.

User shall not use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Website, e.g. for downloading, uploading, posting, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information.

User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Buildzit server, or to any of the services offered on or through the Website, by hacking, password "mining", or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Buildzit's systems or networks, or any systems or networks connected to the Website or to Buildzit.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Website, or with any other person's use of the Website.

User shall not use the Website or any Content for any purpose that is unlawful or prohibited by this Agreement.

Fees and Payment

There is no fee or payment required to use the Website.

Registration

As a condition to using certain features and services of the Website, User may be required to register with Buildzit and select a password. User shall provide Buildzit with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Buildzit reserves the right to refuse registration of, or cancel a Buildzit User in its discretion. User shall be responsible for maintaining the confidentiality of User's Buildzit password and other account information.

Termination

Buildzit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Buildzit account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

User agrees that all content and materials (collectively, "Content") uploaded to the Website or delivered via the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. User agrees we may moderate access to the Website and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. User agrees (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

Changes

Buildzit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Buildzit may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Warranty Disclaimer

We make no promise as to Buildzit, its completeness, accuracy, availability, timeliness, propriety, security or reliability. Your access and use are at your own risk and the Website is provided "AS IS" and "AS AVAILABLE". We are not liable for any harm resulting from user content, user conduct, e.g. illegal conduct, your Buildzit use, or our representations. Buildzit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Buildzit nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. We and our officers, directors, employees, disclaim all warranties and conditions, express or implied, or merchantability, fitness for particular purpose, or non-infringement. Buildzit is not liable for any indirect, incidental, special, consequential or punitive damages, or any loss (e.g., of profit, revenue, data, or goodwill). In no event shall our total liability exceed $1.

Security

In no event will Buildzit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Buildzit under this agreement during the twelve (12) month period prior to the cause of action. Buildzit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Buildzit Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Privacy

Buildzit's current privacy policy is available on our Website (the "Privacy Policy"), which is incorporated by this reference. Buildzit strongly recommends that you review the Privacy Policy closely.

Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Buildzit or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Buildzit and protected by U.S. and international copyright laws. All software used on (or provided through) the Website is the property of Buildzit or its software suppliers and protected by United States and international copyright laws.

Claims

You agree any claim, cause of action or dispute ("Claim") arising out of or related to the Terms of Use or your Buildzit use is governed by Pennsylvania ("PA") law regardless of your location or any conflict or choice of law principle. You agree claims must be resolved exclusively by state or federal court in Exton, PA (except we may seek injunctive remedy anywhere), and agree to submit to personal jurisdiction of said courts. You agree any Claim must be filed by 1 year after it arose or be forever barred. You agree not to bring or take part in a class action against Buildzit Entities. You agree (except government agencies) to indemnify Buildzit Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Buildzit use. You agree you are liable for Terms of use breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, or account created, $1 per item of personal information collected, and $1000 per software distribution, capped at $25,000 per day.

Indemnification

You agree to indemnify and hold harmless Buildzit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.