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Terms of Service

Terms and Conditions

Our Terms and Conditions were last updated on 1/11/2023.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The following words of which the first letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • "Account" means a unique account created for You to access our Service or parts of our Service.
  • "Organization" (referred to as either "the Organization", "We", "Us" or "Our" in this Agreement) refers to Building-Intelligence.org and its sister or subsidiary Services and Websites."Country" refers to United States of America.
  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available to or by You, regardless of the form of that content.
  • "Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • "Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • "Service" refers to the Website and Membership subscriptions.
  • "Terms and Conditions" (also referred as "Terms" or "Terms of Use" or "Terms of Service") mean these Terms and Conditions that form the entire agreement between You and the Organization regarding the use of the Service.
  • "Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • "Website" refers to Building-Intelligence.org, accessible from https://Building-Intelligence.org
  • "Membership" refers to subscription (at any level) to Organization
  • "You" and "Member" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Organization is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You agree that you will not:

  • Share your login information with non-members
  • Reproduce or distribute any of the information received as part of your Membership and share it with non-members
  • You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
    • Unlawful or promoting unlawful activity.
    • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
    • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
    • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
    • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
    • Impersonating any person or entity including the Organization and its employees or representatives.
    • Violating the privacy of any third person.
    • False information and features.

The Organization reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate, complies with this Terms of Service, and refuse or remove this Content. The Organization further reserves the right to make formatting and edits and change the manner of any Content. The Organization can also limit or revoke the use of the Service if You post such objectionable Content.
As the Organization cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Organization be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Organization does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Organization will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Organization has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (Contact) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email (Contact). Upon receipt of a notification, the Organization will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Organization and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Organization.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Organization. If for any reason such assignment is ineffective, You agree to grant the Organization a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Organization.

The Organization has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Memberships, Subscriptions & Automatic Renewals

Memberships are sold as an optionally or automatically recurring subscription.

The purchaser’s subscription will automatically renew at the end of the subscription term (typically annual date of first purchase) unless the purchaser cancels their subscription prior to the automatic renewal date.

The products and subscriptions are offered on monthly and yearly subscriptions, which entitle the original purchaser access to the products or subscriptions for a period of exactly the month or year term from the date of purchase.

The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. Please note the following details of paid membership subscriptions:

  • Subscription renewals are automatically processed at the end of the subscription term. The membership renewal will continue and remain valid unless the subscription is cancelled prior to the renewal date.
  • You may cancel your subscription at any time from your Account page on the Building-Center.org website.
  • If you choose to cancel your subscription you will no longer receive access, updates and support when your subscription expires.
  • The cancellation of your subscription for any reason does not automatically grant you rights to a refund, prorated or otherwise, of fees paid (if any).
  • Your renewal price will be locked in at the time of checkout for as long as your membership remains active.
  • Legacy pricing: If you choose to cancel your subscription, and your renewal price is lower than the current listed price for your license (a “legacy” price), the lower renewal price may no longer be available to you.
  • If you choose to renew your subscription after it has been cancelled and your membership has expired, you will be charged the current listed price for your membership type. We may not apply older or legacy pricing to your new renewal purchase.
  • We will send you a reminder email prior to your renewal date, and you may use this opportunity to cancel your subscription before the renewal payment is automatically processed
  • If you choose to cancel your subscription your membership will expire at the end of the subscription term of the original purchase, and you will no longer receive access, updates and support for the membership.

Price Change

Building-Center.org, reserves the right to modify, change, cancel or upgrade a subscription and/or access fees without prior notice or consent. Prices of all products and services are subject to change without prior notice or consent.
Termination, Cancellation and Refund Policy

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

Building-Center.org has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service and webstite. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. If Building-Center.org terminates your account because of a violation of our terms of service, we will not refund any portion of your license fees.

If within 30 days of purchase you decide not to use the membership services, you may request a full refund. To obtain a refund, you will have to contact us at https://www.building-center.org/contact-us-2/, including the username, email address, and name on file for the account you wish to cancel. At that time, we will cancel your membership and refund any one-time payment made.

We consider threats of refunds as refund requests and will process them immediately.

If your original purchase was made in a non-USD currency, we cannot guarantee that the exchange rate at the time of the refund will be the same as the time of your purchase. Your refund will be based on the USD amount of the purchase and may result in a higher or lower amount of currency you purchased in being credited to your accounts.
Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may do so from your account page, contact us, or simply discontinue using the Service.

Limitation of Liability

The Member will not hold the Organization liable for any tangible or intangible damage that might happen to them while participating in the membership.

The Member agrees that the Organization cannot guarantee any results from their membership. Any negative or positive results that might occur during the membership are the result of the Member’s own personal choices.

Notwithstanding any damages that You might incur, the entire liability of the Organization and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Organization or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Organization or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Organization, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Organization provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Organization nor any of the Organization's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Organization are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law

The laws of the United States of America, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Organization.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by visiting this page on our website: Contact Us