Terms and Conditions
USER TERMS AND CONDITIONS
This is the BuildingLink Web Site and application program which are owned and operated
by BuildingLink.com, LLC ("BuildingLink"). In order to use this
Web Site (the "Site") and application program (the "Program"),
you must first agree to the following terms and conditions (the "Terms and Conditions").
Please review the Terms and Conditions carefully; BY ACCESSING ANY PORTION OF THE
PROGRAM YOU WILL BE SIGNIFYING YOUR AGREEMENT TO BE LEGALLY BOUND BY ALL OF THE
TERMS AND CONDITIONS. Do NOT use the Program if you do not agree to be bound by
any of the Terms and Conditions.
BuildingLink may from time to time in the future change or modify the Terms and Conditions,
so you should periodically review these Terms and Conditions to check for any changes.
If you continue to use the Program after any changes or modifications of the Terms
and Conditions are posted on this Site, you will be considered to have accepted,
and to have agreed to be legally bound by, such changes and/or modifications.
- LIMITED WARRANTY. BUILDINGLINK DOES NOT WARRANT THAT OPERATION OF THE PROGRAM
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IT WILL MEET THE NEEDS OF ITS USERS
OR THAT THE PROGRAM WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO WARRANTY
OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY BUILDINGLINK WITH RESPECT
TO THE PROGRAM OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND BUILDINGLINK
SPECIFICALLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- DISCLAIMER OF RESPONSIBILITY FOR ACCURACY AND SECURITY OF INFORMATION. THE
SERVICES PROVIDED, MADE AVAILABLE, OR ACCESSED BY OR THROUGH THE PROGRAM, INCLUDING
ALL CONTENT, FUNCTIONS AND INFORMATION, IS PROVIDED "AS IS." INFORMATION
ACCESSED THROUGH THE PROGRAM MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND
MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
BUILDINGLINK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT OF ANY MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY,
OR ACCESSED THROUGH, THE PROGRAM (AND FOR PRODUCTS OR SERVICES OR HYPERTEXT LINKS
TO THIRD PARTIES, IF ANY)OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE PROGRAM UNLESS SUCH BREACH ARISES DIRECTLY
FROM A KNOWING AND INTENTIONAL VIOLATION BY BUILDINGLINK OF THE TERMS OF ITS PRIVACY
POLICY REFERRED TO IN PARAGRAPH 9 BELOW. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY AND VALIDITY OF ALL INFORMATION
PRESENTED ON, OR ACCESSED THROUGH, THE PROGRAM. BUILDINGLINK DISCLAIMS ANY LIABILITY
FOR ANY INFORMATION PRESENTED ON OR ACCESSED THROUGH THE PROGRAM INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SUCH INFORMATION, OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR RELIANCE ON, ANY INFORMATION
POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE PROGRAM. IT IS YOUR RESPONSIBILITY
TO TAKE SUCH PRECAUTIONS AS MAY BE NECESSARY TO ENSURE THAT WHATEVER YOU SELECT
THROUGH THE PROGRAM FOR USE WILL BE FREE OF THINGS SUCH AS VIRUSES, WORMS AND OTHER
ITEMS OF A DESTRUCTIVE NATURE.
- DISCLAIMER OF RESPONSIBILITY FOR ADVERTISERS AND LINKED SITES. (A) THE FACT
THAT AN ADVERTISER OF PRODUCTS OR SERVICES MAY BE FOUND ON OR THROUGH THE PROGRAM
SHOULD NOT BE UNDERSTOOD TO CONSTITUTE AN ENDORSEMENT BY BUILDINGLINK OF ANY GOODS,
PRODUCTS OR SERVICES ADVERTISED AND PROMOTED BY SUCH ADVERTISER. ANY DEALINGS OR
TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER, AND ANY PARTICIPATION BY YOU IN ANY
PROMOTION OF AN ADVERTISER (INCLUDING ANY ISSUES RELATING TO PAYMENT FOR AND/OR
DELIVERY OF GOODS AND SERVICES), ARE SOLELY BETWEEN YOU AND THE ADVERTISER. YOU
AGREE THAT BUILDINGLINK WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR
DAMAGE OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF ANY DEALINGS WITH AN ADVERTISER
THROUGH THE PROGRAM. (B) ANY LINKS AND POINTERS TO OTHER INTERNET SITES ("LINKED
SITES") WILL NOT CONSTITUTE AN ENDORSEMENT BY BUILDINGLINK OF ANY INFORMATION,
GOODS, PRODUCTS OR SERVICES OFFERED ON, OR ACCESSIBLE THROUGH, LINKED SITES. BUILDINGLINK
WILL HAVE NO DIRECT OR INDIRECT RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE OR LOSS
CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY LINKED SITE. (C)
IF ANY DISPUTE DEVELOPS BETWEEN YOU AND AN ADVERTISER OR LINKED SITE, BUILDINGLINK
WILL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE BUILDINGLINK (AND ITS MANAGERS,
AGENTS AND EMPLOYEES) FROM, ANY LIABILITY WITH RESPECT TO ANY CLAIMS, DAMAGES (ACTUAL
OR CONSEQUENTIAL) OR LOSSES OF ANY KIND ARISING FROM, OR IN ANY WAY CONNECTED WITH,
ANY SUCH DISPUTE. YOU FURTHER AGREE THAT YOU WILL NOT INVOLVE BUILDINGLINK IN ANY
DISPUTE OR LITIGATION ARISING OUT OF ANY TRANSACTION OR AGREEMENT WITH ANY ADVERTISER
OR LINKED SITE. IF YOU NEVERTHELESS ATTEMPT TO INVOLVE BUILDINGLINK IN ANY SUCH
DISPUTE OR LITIGATION, YOU WILL BE REQUIRED TO PAY ALL FEES AND OTHER COSTS AND
EXPENSES INCURRED BY BUILDINGLINK AS A RESULT.
- DISCLAIMER OF RESPONSIBILITY FOR CERTAIN LOSSES AND DAMAGES. (A) IN NO EVENT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) WILL BUILDINGLINK BE LIABLE TO YOU,
WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS
OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY,
UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, OR SIMILAR ECONOMIC
LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE SITE OR IN CONNECTION WITH ANY OF THE DATA
OR OTHER MATERIALS TRANSMITTED THROUGH THE PROGRAM, OR FOR ANY CLAIM MADE AGAINST
YOU BY ANY OTHER PARTY, EVEN IF BUILDINGLINK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH CLAIM. (B) ANY DOWNLOADING OF MATERIAL BY YOU FROM THE SITE IS DONE SOLELY
AT YOUR RISK AND AT YOUR DISCRETION AND BUILDINGLINK WILL HAVE NO RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGE TO A COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS
FROM ANY SUCH DOWNLOADING.
- BUILDINGLINK'S OWNERSHIP OF THE PROGRAM. BuildingLink will retain all right,
title and interest in and to the Site and the Program worldwide including, without
limitation, ownership of all copyrights, trademarks, patents, look and feel, trade
secret rights and any other intellectual property rights recognized under any applicable
law. BuildingLink reserves the right to make such modifications to the Program from
time to time as it deems advisable in order to enhance the functionalities or appearance
of the Program or for any other reason.
- INDEMNIFICATION. You agree to defend, indemnify, and hold harmless BuildingLink
and its employees, contractors, officers, agents and managers from all liabilities,
claims, and expenses, including attorney's fees, that arise from your use of the
Program. BuildingLink reserves the right, at its own expense, to assume the exclusive
defense and control of any matter for which you are obligated to indemnify BuildingLink.
If BuildingLink chooses to assume the defense of any matter that is subject to indemnification
by you, you will cooperate with BuildingLink, at its expense, in any respect reasonably
requested by BuildingLink.
- USE OF PROGRAM. (A) Except as expressly permitted by BuildingLink, the Program
may not be exploited for any commercial purpose, and, except as permitted by BuildingLink,
may not be reproduced, distributed, republished, displayed or transmitted. If BuildingLink
believes, in its discretion, that your use of the Program violates any applicable
law or any of these Terms and Conditions, you may be denied access to the Program.
(B) You represent to BuildingLink that you are of sufficient legal age to legally
assume and be bound by any liability you may incur as a result of your use of the
Program (including, without limitation, any liability arising from of these Terms
and Conditions).
- PROHIBITED CONTENT. (A) You agree that you will not upload, post, or otherwise
distribute or publish through the Program any text, communications, data, or other
information ("Content") (i) that is unlawful, threatening, abusive,
degrading, libelous, defamatory, harassing, tortious, racially, ethnically or otherwise
objectionable, (ii) that is sexually explicit or indecent (including, without limitation,
graphic or indecent sexual language of a threatening or harassing nature directed
at any individual or group); (iii) that constitutes or encourages conduct that would
give rise to civil liability or violate law; (iv) that violates, plagiarizes or
infringes the rights of third parties including, without limitation, copyright rights,
trademarks, rights of privacy or publicity or any other proprietary right; (v) that
contains a virus or other harmful component designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment,
or that is designed to obtain unauthorized access to any information; (vi) for which
you do not have all necessary rights and licenses to transmit under any law or under
any contractual or fiduciary relationship; or (vii) that constitutes or contains
false or misleading indications of origin or statements of fact. You also agree
that you will not harvest or collect information about any users of the Program
or use such information for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic e-mail or other communications. (B) BuildingLink
generally does not, and will not be obligated in any way to, pre-screen, monitor
or edit any Content posted by users of the Program. However, BuildingLink reserves
the right to remove any Content that, in its sole discretion, does not comply with
these Terms and Conditions or is otherwise harmful, objectionable, or inaccurate.
However, BuildingLink will in no event be liable for any failure or delay in removing
any such Content.
- PRIVACY POLICY. BuildingLink's Privacy Policy, available online here, is hereby incorporated by reference.
- SEVERABILITY. If any provision contained in these Terms and Conditions is
held by a court to be invalid or unenforceable, that provision will be enforced
to the maximum extent permissible so as to reflect, as nearly as possible, the original
intentions of the parties, and the remaining provisions of these Terms and Conditions
will not be affected thereby.
- CHOICE OF LAW AND FORUM. These Terms and Conditions will be governed by,
and construed under, the laws of the State of New York, without regard to its principles
of conflicts of laws. You expressly agree that the exclusive jurisdiction for any
claim, suit or action arising out of or relating to these Terms and Conditions or
your use of the Program will be filed only in the state or federal courts located
in the State of New York, and you agree to submit to the personal jurisdiction of
such courts.
QUESTIONS
If you have any questions regarding these Terms and Conditions or the Program, you
may reach BuildingLink at 85 Fifth Avenue, Floor 3, New York, NY 10003 (or by calling
(877) 501-7117 and asking for Customer Support).