Welcome to buildingconnected.com. The buildingconnected.com website (the "Site") is comprised of various web pages operated by BuildingConnected, Inc. ("BuildingConnected", “we”, “us” or “our”). The Site and all of its features and services (collectively, the “Services”) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site and the Services constitutes your agreement to all such Terms.
Please read these Terms carefully, and keep a copy of them for your reference. If you do not agree with these Terms, you should not use the Site or any of its Services. If you are using this Site on behalf of your employer, you represent and warrant that you are authorized to bind your employer to these Terms.
a. General Description
Buildingconnected.com is a construction communications platform that allows users to communicate and share documents and information relating to their constructions projects. We offer a variety of Services to general contractors, project owners and other entities, including, among other things, the ability to communicate with your coworkers as well as professionals at other businesses, and performance analytics on a variety of business functions and interactions. You can order these Services through the registration process described in Section b. below.
b. Registration and Use of the Services
You may browse and access certain areas of our Site without registration. However, you are required to register prior to using certain of the Services, such as our bid management platform. Each registered user must provide complete, accurate and truthful information in connection with such registration and agrees to update such information promptly if there are any changes in the registration information. If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity without our prior written permission. You acknowledge that BuildingConnected is not responsible for third party access to your account that results from theft or misappropriation of your account id or password.
Services may be provided free of charge or for a fee. If there is a fee to be charged for a Service, such fee will be disclosed to you when you register for the Service and charged in accordance with the applicable fee for that Service. You agree to pay all applicable fees related to your purchase of any Service for which fees are charged. By providing a payment method, you expressly authorize us to charge the applicable fees on such payment method as well as taxes and other related charges incurred at regular intervals, all of which depend on your particular subscription and utilized Services. We may suspend or terminate your account or access to our Services, and this Site if your payment is late or your offered payment method cannot be processed.
c. Use of the Services
You are granted a limited, non-exclusive and non-transferable license to access and use the Site and Services strictly in accordance with these Terms and any applicable policies posted on the Site, and solely for your internal business purposes. This means the license is personal to you and cannot be transferred to anyone else without our prior written permission.
As a condition of your use of the Site and Services, you warrant to BuildingConnected that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms or in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or for any Prohibited Activities as defined in Section i below.
You may not access the Site or the Services for purposes of reposting or reproducing either Our Content (as defined below) or any Project Content (as defined below) on any third-party website. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of Our Content or any Project Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any our Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BuildingConnected server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
d. Project Content
The Site and the Services allow owners, general contractors, subcontractors and other users to upload project-related information, such as specifications, text, photos, drawings, documents, videos and other content (“Project Content”) for various purposes, including posting Requests for Proposals and accepting responses to Request for Proposals. You are solely responsible for the Project Content that you submit and we have no obligation to verify or confirm the Project Content. Also, BuildingConnected is not acting as an agent or representative for any party either submitting or responding to a Request for Proposal or otherwise using the Services. For that reason, we cannot and do not make any representation or warranty regarding any Request for Proposal or other Project Content and we have no responsibility whatsoever for any errors or inaccuracies in any Request for Proposal or response thereto or in any other Project Content.
You grant to Building Connected and its affiliated companies and sublicensees a non-exclusive, royalty-free, and fully transferable worldwide license to use the Project Content for purposes of providing the Services. This includes the following:
These licenses are necessary for us to provide the Services. However, please note that you own all of the Project Content that you submit to our Site or Services. We also keep your Project Content confidential and do not disclose it to any third parties, except as follows:
We also perform certain data analysis on overall Project Content that is submitted to us. We may use and disclose such data analytics on an aggregate and anonymous basis to third parties or publicly, but we will not disclose your specific Project Content or any analytics that specifically identify your projects except to you as part of the Services or upon your consent.
e. Public Postings
Certain features or areas of the Site may permit users to create public profiles or to publicly post information, photos, videos, text and other materials (“Publicly Posted Content”). Please note that Publicly Posted Content is not considered confidential and is available to any person that accesses the Site or Services. You retain ownership of your Publicly Posted Content; however, by posting, uploading, inputting, providing or submitting your Publicly Posted Content to the Site or Services, you are granting BuildingConnected, its affiliated companies and sublicensees the worldwide, irrevocable, royalty free, fully transferable and perpetual right to use your Publicly Posted Content for any purposes related to their businesses and services, including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Publicly Posted Content; and to publish your name in connection with your Publicly Posted Content, in any and all media or formats, whether now known or hereafter developed. No compensation will be paid with respect to the use of your Publicly Posted Content. BuildingConnected is under no obligation to post or use any Publicly Posted Content you may provide and may remove any Publicly Posted Content at any time in BuildingConnected's sole discretion.
g. Links to Third Party Sites and Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BuildingConnected and BuildingConnected is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BuildingConnected is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BuildingConnected of the Linked Site or any association with its operators.
Certain Services made available via the Site are delivered by third party sites and organizations. By using the product, service or functionality of a Service provided by a third party originating from the Site, you hereby acknowledge and consent that BuildingConnected may share your information (including Project Content and Publicly Posted Content) and data with the third party with whom BuildingConnected has a contractual relationship to provide the requested product, service or functionality on behalf of buildingconnected.com users and customers. Such third parties are required to maintain the confidentiality of Your Project Content and to only use such Project Content for purposes of providing the Services.
h. Our Intellectual Property Rights
You own your Project Content, Publicly Posted Content and Your Material (as that term is defined below). All other content included on or as part of the Site or its Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software or software platforms provided by or used on the Site (collectively “Our Content”), is the property of BuildingConnected or its suppliers and protected by copyright and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in Our Content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, or create derivative works of the Site, the Services or Our Content. You agree that you do not acquire any ownership rights in any of the Site, the Services or Our Content. We do not grant you any licenses, express or implied, to the intellectual property of BuildingConnected or our licensors except as expressly authorized by these Terms. All rights not expressly granted in these Terms are reserved to Building Connected.
i. Prohibited Activities
Users of the Site and the Services must at all times comply with all applicable laws, rules and regulations in using the Site or Services. You agree not to engage in any of the following activities in using our Site or the Services (“Prohibited Activities”): defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless the applicable Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Services; violate any code of conduct or other guidelines which may be applicable for any particular Service; send spam, unsolicited commercial or bulk emails; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
BuildingConnected has no obligation to monitor the Services. However, BuildingConnected reserves the right to review materials posted to the Site or a Service and to remove any materials in its sole discretion that constitute Prohibited Activities or that otherwise violate these Terms. BuildingConnected reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BuildingConnected's sole discretion, provided that we will use reasonable efforts to notify you in advance of any disclosure that involves your Project Content.
Materials uploaded to the Services may be subject to posted limitations on usage, file size, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
j. Your Responsibility for Your Material and Use of the Site
You are solely responsible for any Project Content, Publicly Posted Content or any other material (collectively “Your Material”) you post, upload, input, provide or submit to the Site or the Services. As a condition to using the Site and Services, you represent that (a) you own or otherwise control all of the rights to Your Material necessary for you to provide, post, upload, input or submit Your Material to the Site or the Services; (b) Your Material does not violate or infringe any copyright, patent, trademark, trade secret, publicity, privacy or other right of any person or entity; and (c) your Material does not violate these Terms or any applicable law, rule, regulation or order of any governmental entity.
You agree to defend, indemnify and hold harmless BuildingConnected, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your Material, your use of or inability to use the Site or Services, your violation of the Terms or your violation of any rights of a third party, and your violation of any applicable laws, rules or regulations. This means, for example, that if we are sued or receive a claim that Your Material infringes someone else’s intellectual property rights, you will be responsible for the costs (including attorney’s fees) of responding to and defending that claim and for any settlement payments or awards that are issued. BuildingConnected reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BuildingConnected in asserting any available defenses.
k. Copyright Claims
If you believe that any content or material (including, but not limited to, any Project Content or Publicly Posted Content) on our Site or Services violates your copyright, notify our copyright agent in writing at the address indicated below. In order for us to take action, you must provide the following information in your notice (“DMCA Takedown Notice”):
Any DMCA Takedown Notices should be sent to the following address or email:
600 California Street
San Francisco, CA 94109
Submitting a DMCA Counter-Notification
BuildingConnected will notify you that it has removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA Takedown Notice. In response, you may provide BuildingConnected’s agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BuildingConnected may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
BuildingConnected reserves the right, in its sole discretion, to terminate the account or access of any user of this Site who is the subject of repeated DMCA Takedown Notices or other infringement notifications.
l. Third Party Accounts
You will be able to connect your BuildingConnected account to certain third party accounts. By connecting your BuildingConnected account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on the third party site on which the third party account is hosted). If you do not want information about you to be shared in this manner, do not use this feature.
m. International Users
The Site and its Service are controlled, operated and administered by BuildingConnected from our offices within the United States. If you access the Site or the Services from a location outside the United States, you are responsible for compliance with all export laws and all local laws of the jurisdiction from which you are accessing them. You agree that you will not use the BuildingConnected content or Services accessed through the Site in any country where such use is prohibited or in any manner prohibited by any applicable laws, restrictions or regulations.
n. Liability Disclaimer
BUILDINGCONNECTED AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUILDINGCONNECTED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUILDINGCONNECTED BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUILDINGCONNECTED, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICES.
o. Termination/access restriction
BuildingConnected reserves the right, in its sole discretion, to terminate your access to the Site and any Services or any portion thereof at any time, with or without notice. BuildingConnected shall have no liability or responsibility to any user related to or arising out of such termination.
p. Electronic Communications
We communicate with all users of the Site electronically such as via email to the email address provided in their account or by posting notices on the Site. If you register to use the Site or the Services, you consent to receiving such electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
q. Governing Law/Dispute Resolution
These Terms are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Site and these Terms shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BuildingConnected as a result of these Terms or use of the Site. BuildingConnected's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of BuildingConnected's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BuildingConnected with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and BuildingConnected with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BuildingConnected with respect to the Site and the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
s. Changes to Site, Services and Terms
BuildingConnected reserves the right, in its sole discretion, and at any time, to change or alter the Site or Services, or discontinue any Services or features of the Site, and change or amend the Terms under which the Site and the Services are offered (collectively, the “Changes”). We will endeavor to post a notice on the Site of any material Changes and notify registered users of any such material Changes to the email address provided in their account. Your continued use of the Site and Services after such Changes are posted constitutes your acceptance of such Changes. Your sole remedy if you don’t agree with the Changes is to discontinue use of the Services. The most current version of the Terms will supersede all previous versions. BuildingConnected encourages you to periodically review the Terms to stay informed of our updates.
t. Contact Us
BuildingConnected welcomes your questions or comments regarding the Terms, which can be sent to the following:
600 California Street
San Francisco, CA 94109
Effective as of November 22, 2015