The Construction Reporting Service contains copyrighted material that may only be used as stated in the Construction Reporting Service End Users License Agreement. Any unauthorized use may be a violation of law.
The Construction Reporting Service may only be used by licensed users. Sharing any user name and/or password is strictly prohibited and may be grounds for termination of the license or imposition of additional fees in Licensor's sole discretion (See Section 1 below).
THE BUILDERS EXCHANGE END USER LICENSE AGREEMENT
Your use of the Construction Reporting Service constitutes your agreement to the following terms and conditions and rules and regulations that may be promulgated from time to time. If you do not agree to be legally bound, Licensor will not permit you to use or access the Construction Reporting Service.
The Construction Reporting Service is provided AS IS AND WITHOUT WARRANTY. In no event shall Licensor and/or its suppliers be liable for any special, indirect, consequential, or punitive damages of any nature resulting from the use or operation of the Construction Reporting Service or any information in the Construction Reporting Service.
- Grant of License. The Builders Exchange grants to Licensee, and Licensee accepts, a one year, non-exclusive, non-transferable license, to use for only Licensee’s business purposes, the information in the Construction Reporting Service, this web site, the software and related documentation (collectively and individually referred to as “Construction Reporting Service”). The license shall only be effective while Licensee is a member in good standing of the Builders Exchange. This license may be renewed from year to year upon payment of the annual membership fee and continued compliance with the terms of The Builders Exchange End User License Agreement (“Agreement”). Licensee may only use the Construction Reporting Service on its own behalf. The sharing of any user name and/or password is strictly prohibited and shall be grounds for immediate termination of this Agreement or the imposition of additional fees in the amount of two times the annual membership fee for each unauthorized use of the Construction Reporting Service, in the sole discretion of The Builders Exchange. Use of the Construction Reporting Service is for estimating purposes only; copying is prohibited. Except for the license rights mentioned in this Paragraph, no right, title or interest in the Construction Reporting Service is granted to Licensee. Licensee will not itself, or through any parent, subsidiary, affiliate, agent, or other third party (“Related Entities”) reproduce, distribute, modify, translate, decompile, disassemble, reverse engineer or transmit in any form or by any means any part of the Construction Reporting Service. Further Licensee and/or Related Entities will not sell, lease, license, sublicense, or market the Construction Reporting Service.
- Proprietary Rights. Licensee acknowledges that the Construction Reporting Service is confidential and contains trade secret information that is the exclusive property of Licensor or its suppliers.
- Payment. Licensee agrees to pay the initial membership fee and any applicable annual membership fees. The initial membership fee includes the first year fee for the Construction Reporting Service. Annual membership fees after the first year will be invoiced and are due prior to the commencement of the applicable membership fee period. Membership fees may be adjusted as appropriate.
- Construction Reporting Service. The Construction Reporting Service contains information about plans, bidders and other matters that may be of interest. Information reported in the project files is based on a review of the specifications; no plans have been reviewed. Efforts have been made to assure the accuracy of the information reported, but neither Licensor nor its suppliers provide any warranty, expressed or implied, that any of the information is accurate. The plans and specifications that are maintained by the plan issuer of record are the best source of information for project files.
- Copyright Laws. The United States Copyright laws prohibit the distribution or copying of copyrighted works without proper authorization. Licensor will not tolerate any use of the Construction Reporting Service that in any way violates the United States Copyright laws. Licensee must report any use of the Construction Reporting Service that may constitute copyright infringement. If Licensor, in its sole discretion, determines that any material has been added to the Construction Reporting Service in violation of the copyright laws, Licensor may delete that material. Anyone who adds unlawful material to the Construction Reporting Service shall indemnify, defend and hold Licensor and/or its suppliers harmless from any and all resulting claims and/or liability (including the payment of litigation costs and attorney fees).
- Limitation of Liability. Licensee agrees that Licensor and its suppliers are not insurers and they shall have no liability arising out of the use or operation of the Construction Reporting Service and/or any information generated thereby. In no event shall the total liability for any claim arising out of or under this Agreement, or the use and/or operation of the Construction Reporting Service, regardless of the cause of action, exceed the amount of the annual membership fee.
- NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LICENSOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF LICENSOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnity. Licensee agrees to indemnify, defend and hold harmless Licensor, its officers, directors, employees, agents and suppliers from any damages, losses, costs or expenses (including the payment of litigation costs and attorney fees) that arise from Licensee’s use and/or operation of the Construction Reporting Service.
- Warranty. Licensee agrees that the Construction Reporting Service is provided as is and without warranty and that Licensor and its suppliers make no representations regarding the completeness or accuracy of the Construction Reporting Service or any information provided by the Construction Reporting Service. Licensor and its suppliers expressly disclaim the warranties of title and against infringement as well as any implied warranties of merchantability or fitness for a particular purpose.
- Access. Licensor and its suppliers reserve the right to control and/or limit access to the Construction Reporting Service in their sole discretion. Access may be denied at any time. Access may be denied to any individual who makes use of the Construction Reporting Service for an inappropriate purpose, in violation of this Agreement, or who, in the sole discretion of Licensor and/or its suppliers, uses inappropriate, obscene, abrasive, or otherwise questionable language in connection with the Construction Reporting Service.
- Content Control. Licensor and/or its suppliers reserve the right to monitor, in their sole discretion, all information contained in or used in connection with the Construction Reporting Service and to delete or edit any file, program or message that contains inappropriate, obscene, abrasive or otherwise questionable language. However, Licensor and/or its suppliers are not required to monitor the information.
- Advertising. Licensee consents to Licensor disclosing Licensee’s information to advertisers whose advertisements, promotions, or fundraisers appear in connection with the Construction Reporting Service. In no event shall Licensor and/or its advertisers or suppliers be liable for any damages of any nature resulting from disclosure of the Licensee’s information.
- Governing Law. This Agreement shall be governed by the laws of the State of Ohio without regard to choice of law rules. The United Nations Convention on the International Sale of Goods shall not apply.
- Export Controls. Licensee agrees and certifies that neither the Construction Reporting Service, nor any other technical data received from Licensor, nor the direct product thereof, will be exported or re-exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
- Assignment. This Agreement may not be assigned by Licensee without the express written permission of Licensor.
- Termination. Licensor and/or its suppliers reserve the right to terminate Licensee’s rights to use the Construction Reporting Service at any time if Licensee violates the terms of this Agreement. Either Licensor or Licensee may terminate this Agreement without cause. Upon termination of this Agreement Licensee shall cease all use of the Construction Reporting Service and shall destroy all user names and/or passwords.