BUILDFLOW TERMS OF SERVICE
Last Modified: 2-16-2023
THE TERMS OF SERVICE OF BUILDFLOW (HEREINAFTER REFERRED TO AS THE “SITE”) SET FORTH BELOW.
This document is a legal agreement (“Agreement” hereafter) between you and BuildFlow and it’s affiliates describing the terms and conditions applicable to your use of this site. Please examine this Agreement carefully and understand its contents fully before using the site. By using the site, you are agreeing to be legally bound by these terms and conditions. If you represent a company or other entity, you also are warranting that you are authorized to enter into this Agreement on behalf of that party. By using this site and using our Products and Services, you are agreeing to these terms and conditions. Please read them carefully.
This agreement governs your acquisition and use of BuildFlow’s products and services. BuildFlow maintains this site for building industry project related products and services.
Modification of Terms
BuildFlow shall have the right, at any time and without prior notice, to revise these Terms of Service with respect to your access to or use of this Site. Such revisions shall be effective immediately upon the posting of the revised Terms of Service on this Site. Any access or use of this Site by you after such posting of the revised Terms of Service shall constitute and be deemed to be your acceptance to such revised Terms of Service.
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. BuildFlow may change, delete, or update any posted information or materials at any time and without prior notice.
In providing any copyrighted document to BuildFlow for reproduction and/or distribution, you represent to BuildFlow that you are the copyright owner of such document or, in the alternative, that you have the express written permission of the copyright owner that BuildFlow may reproduce and/or distribute such document. BuildFlow has the right to refuse any order for the reproduction and/or distribution of any and all documents.
In obtaining any documents from BuildFlow through your use of this Site, you acknowledge that such documents may contain copyrighted materials owned by the owner, architect, contractor, engineer or others, protected under U.S. Copyright law, Title 17, United States Code and, as such, any reproduction, alteration or reuse of any such documents without the express written permission of the copyright owner may be prohibited by law.
Further, you acknowledge that any document obtained through your use of this Site may contain errors or may be out of date. Neither the owner, architect, or contractor are obligated to provide corrected or updated documents. Thus, BuildFlow has no control over the accuracy of any documents obtained through your use of this Site.
This Site is a venue where owners, architects, contractors and others can post notice in connection with construction projects, order the reproduction and distribution of documents and files to certain parties in connection with construction projects, and/or purchase documents in connection with construction projects. BuildFlow is not involved in the actual transaction between any owner, architect, contractor or other party with respect to any construction project for which notices are posted and/or documents are obtained through this Site, including, but not limited to, the acceptance of bids from any party in connection with any construction project.
Trademarks and Copyrights
Unless otherwise noted, the trademarks, logos, and service marks used on this Site are owned by BuildFlow or third parties that have licensed their use to BuildFlow. You may print and download material solely in connection with your use of the services and/or goods provided through this Site. You agree to protect all copyright and other proprietary rights of BuildFlow and/or its licensors in materials downloaded from this Site and to comply with reasonable written requests made by BuildFlow to protect BuildFlow and its licensors’ copyright and other proprietary rights in such materials. In downloading materials from this Site, you agree not to change or delete any proprietary notices, trademarks and the like from any materials provided therein. Any other copying, redistribution, publication or retransmission of any material is strictly prohibited without the express written consent of BuildFlow.
Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by BuildFlow of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by BuildFlow and BuildFlow is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
Fees, Rates and Payments
You agree to pay all charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. BuildFlow may change the fees and charges in effect, or add new charges, by posting new fees or additional fees on this Site. In addition, you agree to pay New York sales tax if you are a resident of New York State or you are a corporation doing business in the New York State. All charges incurred in connection with your username and password will be billed either to the user account that you have established with BuildFlow or to the credit card that you designate at the time of your purchase. BuildFlow Affiliated Reproduction Services– The actual square footage of a drawing file is always rounded to the next whole number. All black and white reduced size prints are billed at the actual size of the document in BuildFlow unless otherwise specified. BUILDFLOW SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR USER ACCOUNT OR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
BuildFlow respects the privacy of personally identifiable information about user of this Site (such as names and e-mail addresses) and will collect such information about you only when you knowingly and voluntarily submit it. BuildFlow may sell personally identifiable information about you to third parties, unless you indicate during the registration process that you do not want personally identifiable information disclosed to third parties not withstanding here or to the contrary by checking the “Keep My Company Information Private” box . BuildFlow may use personally identifiable information about you not withstanding here or to the contrary in aggregate form to make this Site better and more responsive to the interests of such visitors. Statistical compilation of such information also may be used by BuildFlow or provided to others for marketing, advertising, or research purposes.
BuildFlow may collect certain non-personal information about visitors to this Site not withstanding here or to the contrary, including, but not limited to, the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including, but not limited to, improving the content to this Site, marketing, advertising, or research.
Other than the information which is subject to the provisions of Section 9, any communication or material that you transmit to this Site by electronic mail or otherwise, including any questions, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by BuildFlow for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BuildFlow is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
DISCLAIMER OF WARRANTY
BuildFlow makes no representations or warranties whatsoever as to the information or material posted on this Site or as to any documents obtained through your use of this Site or as to any linked site or documents or information obtained through your use of such linked site, including the accuracy, completeness, or timeliness of information on this Site or the documents obtained through this Site. Also, BuildFlow makes no representations or warranties whatsoever that your access to or use of this Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any site is free of computer viruses or other harmful components. Without limiting the foregoing, ALL INFORMATION POSTED ON THIS SITE AND ALL DOCUMENTS OBTAINED FROM BuildFlow THROUGH ANY USE OF THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICLAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties.
BuildFlow has not reviewed the websites linked to this Site and is not responsible for the contents of any off-site pages or any other websites linked to this Site. BuildFlow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BuildFlow. Your linking to any other off-site page is at your own risk.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL BuildFlow BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR ANY LINKED SITE OR ITS CONTENTS, OR (II) ANY ERRORS OR INACCURACIES CONTAINED IN ANY INFORMATION POSTED ON THIS SITE AND ANY DOCUMENTS OBTAINED FROM BuildFlow THROUGH YOUR USE OF THIS SITE OR ANY LINKED SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF BuildFlow IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the limitation of liability for consequential or incidental damages.
LIMITATION ON REMEDY
YOU AGREE THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST BuildFlow OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE OR DOCUMENTS OBTAINED FROM BuildFlow THROUGH YOUR USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID TO BuildFlow FOR YOUR USE OF THIS SITE AND FOR THE REPRODUCTION AND DISTRIBUTION OF DOCUMENTS FOR THAT CONSTRUCTION PROJECT.
You agree to defend, indemnify, and hold harmless BuildFlow and its directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs, including but not limited to attorneys’ fees and court costs, arising out of or relating to your breach of these Terms of Service or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms of Service and your use of this Site.
BuildFlow shall have the right to terminate this Site, any goods or services offered through this Site, or your right to access or use this Site or obtain any document through use of this Site at any time and without prior notice. In the event that BuildFlow terminates this Site prior to the completion of a construction project, BuildFlow shall provide to the party who posted such construction project a CD or or other portable media device containing all information related to that construction project at BuildFlow’s current posted rates based upon the quantity of such project information.
BuildFlow may designate certain organizations as “accounts.” Such designation does not confer any ownership interest in, or right to control, BuildFlow, but instead means that the designated organization has access an account to access additional Services provided by BuildFlow.
Account membership is open to legitimate and qualified organizations. Notwithstanding anything to the contrary in this document, BuildFlow may at its sole discretion refuse to accept an application for an account/or limit an account member’s use of the services provided by BuildFlow at any time.
Fair Use Policy
As a member of BuildFlow will have access to all services as indicated in the Free Plan. You also will have the option to subscribe to additional Premium Services that BuildFlow offers as described on the site, all subject to the terms of this Agreement or another agreement specific to those additional services.
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by BuildFlow of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms or Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any other provision of the Terms of Service.
BuildFlow shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of this Site shall not be construed as BuildFlow’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York.
In any matter connected with this Site or these Terms of Service, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Southern District of New York, or if that court lacks subject matter jurisdiction, in the courts of the State of New York.
BuildFlow may, for its own promotional and advertising purposes, use and publish information about you using this Site.
You may not assign your rights or obligations under these Terms of Service without the prior written consent of BuildFlow,
Your use of this Site does not create any partnership or employer-employee relationship between you and BuildFlow.
These Terms of Service are intended only for the relationship between you and BuildFlow. No provisions in these Terms of Service shall be construed to create any third party beneficiary rights in any third party.