Effective Date: July 10, 2017
These Website Terms of Service and our
(together, these "Terms") describe the terms and conditions on which Builder Finance Inc. ("Builder Finance," "we," "us" or "our") offers you access to BuilderFinance.com ("Site") and any related website or mobile application to which these Terms are linked or referenced (collectively with the Site, the "Services").
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Builder Finance and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND BUILDER FINANCE AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
Please read carefully "WARRANTY DISCLAIMER," "LIMITATIONS OF LIABILITY" and "DISPUTE RESOLUTION." These provisions limit our liability to you and affect how claims you and Builder Finance have against each other are resolved.
If you do not agree to any of these Terms, please do not use the Services.
1. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. We reserve the right to change these Terms as business needs or applicable law require. If Builder Finance makes material changes to these Terms, Builder Finance will (unless otherwise required by law) take steps to notify you before the changes take effect. Your continued use of the Services after the Effective Date of the revised Terms constitutes your acceptance of the amended Terms. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.
2. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (" Additional Terms ") presented in conjunction with them. Regardless of how they are presented to you, we require that you agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
Our agreements with certain customers may contain provisions about the collection, use, storage and disposal of information collected through the Services and offline. If a provision of a customer agreement conflicts or otherwise is inconsistent with a provision of these Terms, then the provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency.
3. OWNERSHIP OF THE SERVICES
Builder Finance and its licensors reserve and retain all right, title and interest in and to the Services, including Builder Finance’s business names, logos, product and service names, trademarks or services marks (" Builder Finance Marks ") and any information, graphic, artwork, text and other content provided on, in or through the Services, (collectively with the Builder Finance Marks, "Builder Finance Content"). Any open source or third-party code incorporated in the Services is covered by the applicable open source or third-party license authorizing its use.
If you agree to these Terms, then Builder Finance grants to you a personal, revocable, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and to download, print and/or copy Builder Finance Content solely for non-commercial use. You acknowledge that the trade secrets embodied in the Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Builder Finance.
The Services may contain links to third-party websites and services, such as social media (collectively, " Linked Services "). Builder Finance does not own or control and is not responsible for Linked Services. Builder Finance provides links to Linked Services for your convenience only. The inclusion of a link does not imply endorsement by Builder Finance of the Linked Service or any association with the operators of the Linked Service. Builder Finance does not investigate, verify or monitor the Linked Services. You access Linked Services at your own risk and subject to the legal provisions applicable to the Linked Services.
4. USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services. The Services are intended for U.S. residents only.
Requested Information: You are required to provide information to use certain features of the Services. You agree that you will maintain the information that you provide to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your use of the Services.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (" Mobile Device "), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
Restrictions on Your Use of Services: You may use the Services for lawful purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test or circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services or Builder Finance’s computer systems or networks;
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services or Builder Finance Content;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any features or functionality of the Services to any third party for any reason;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without Builder Finance’s written consent;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
- Collect or store personal data about any other user without his or her express prior written consent.
5. UPDATES TO THE SERVICES
Builder Finance may from time to time, in its sole discretion, develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, " Updates "). Updates also may modify or delete certain features and functionality. You agree that Builder Finance has no obligation to provide Updates or to continue to provide or enable any particular features or functionality.
You are responsible for your actions. You agree to indemnify and defend Builder Finance and its directors, officers, members, managers, employees and agents (" Builder Finance Parties ") from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against any of the Builder Finance Parties by any third party arising from your use of the Services or violation of these Terms or applicable law. Builder Finance reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any of the Builder Finance Parties may be made without Builder Finance’s prior written approval.
8. WARRANTY DISCLAIMER
Although we use commercially reasonable efforts to make sure that the Services are accurate and reliable, Builder Finance does not warrant that the Services are accurate, complete, reliable or error-free.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUILDER FINANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any oral or written advice provided by Builder Finance or its agents does not and will not create any warranty.
9. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE BUILDER FINANCE PARTIES IS LIABLE FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
YOU AGREE THAT BUILDER FINANCE’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO $500.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Builder Finance would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
CALIFORNIA RESIDENTS: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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."
10. DISPUTE RESOLUTION
These terms are governed by and construed and enforced in accordance with the internal laws of the State of New York, without giving effect to the principles of conflicts of laws of such state, and any applicable federal laws of the United States of America, as from time to time amended and in effect.
TO THE EXTENT PERMITTED BY LAW, YOU AND BUILDER FINANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You may stop using the Services at any time. We also may stop providing the Services or create limits on use of the Services, whether specifically to you or generally. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
12. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (" DMCA "), including by removing or disabling access to material claimed to be the subject of infringing activity. Our DMCA Agent only responds to notices that comply with the requirements of the DMCA. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information. Please do not send any other correspondence or inquiries to our DMCA Agent.
DMCA Notice: If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Services, please send your claim or notice of infringement (" DMCA Notice ") to our DMCA Agent at the address below.
Your DMCA Notice must be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. You must sign (physically or electronically) your DMCA Notice.
After we receive your DMCA Notice, we will promptly remove or disable access to the allegedly infringing materials.
Builder Finance may forward a copy of a DMCA Notice (including name and email address) to the alleged infringer or may forward a copy of a DMCA Notice to http://www.chillingeffects.org for publication. Any user may ask for a copy of any DMCA Notice, although Builder Finance may make certain redactions to eliminate irrelevant or personal information. Builder Finance will terminate, under appropriate circumstances, users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent copyright infringement or other violations of intellectual property rights.
DMCA Counter Notification: If we receive a counter notification from you and Builder Finance does not receive notice that a court action was filed, we will no longer accept notices from the same copyright holder regarding the content in question on the reported pages.
Under the DMCA, a counter notification must be in writing and include following:
- Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in the State of New York) and that you will accept service of process from the person who provided the notice or an agent of such person; and
- Your physical or electronic signature on the counter notification.
DMCA Agent Contact Information:
Builder Finance Inc.
5929 S. Mogen Ave
Sioux Falls, SD 57108
13. JURISDICTIONAL RESTRICTIONS
The Services are intended for U.S. residents only. Builder Finance is headquartered in the United States and the Services are controlled and operated from the United States. If you are using the Services from outside of the United States, you do so at your own risk and you are solely responsible for compliance with local laws.
14. GENERAL LEGAL TERMS
- Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
- You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. You also agree that we may send you legal notices using the Services.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
- These Terms may not be amended unless in writing.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- Nothing contained in these Terms will be deemed to constitute Builder Finance or you as the agent or representative of the other or as joint venturers or partners.
- These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
- You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
- Headings and captions are for convenience only.
HOW TO CONTACT US
Please address your questions, complaints or claims about the Services by email to firstname.lastname@example.org or by regular mail to:
Builder Finance Inc.
5929 S. Mogen Ave
Sioux Falls, SD 57108