Terms of Use

Welcome to BuildSite! By using the BuildSite services ("Services"), you also agree to follow and be bound by BuildSite's Terms of Use ("Terms") set forth below. BuildSite's Privacy Policy (Amended 6/5/06) sets out the steps BuildSite has taken to protect your privacy. BuildSite reserves the right to amend these Terms by posting notice of the amendment on the BuildSite website (www.buildsite.com) from time to time. Your continued use of the Services indicates your acceptance of any such amendments. To the extent that you enter into a separate agreement with BuildSite in connection with any paid subscription to use the Services, then the terms of that agreement will prevail over these Terms in the event of any conflict.

You hereby agree, at all times during your use of the Services:

1. Not to use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute the Services other than for your personal, lawful, noncommercial use;
Not to provide or transmit any data or information through the Services that:
1. is known to be inaccurate, incomplete or misleading;
2. infringes the intellectual property rights or rights of publicity or privacy of any third party;
3. breaches any confidentiality obligations you have to any third party;
4. violates any law, statute, ordinance or regulation;
5. is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. is obscene, indecent or contains any child pornography;
7. imposes an unreasonable or disproportionately large load on BuildSite's infrastructure; or
8. contains any viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Not to attempt to intercept or breach any security measures in force by BuildSite from time to time;
To keep your user ID and password confidential and not disclose either to any third party or allow access to the Services to any third party;
To notify your employer and/or BuildSite immediately if you lose your user ID or password; and
To use the Services solely for your or your employer's internal business purposes and not for any illegal or immoral purpose.
Not to attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.

BuildSite reserves the right to change or discontinue the Services at any time, with or without notice, and with no liability to you. The Services may include hyperlinks to web sites not controlled by BuildSite, and access to content, products and services from third parties. BuildSite is not responsible for the availability of, nor any content on those web sites to which it provides links. BuildSite provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that BuildSite is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that BuildSite is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUILDSITE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUILDSITE MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

IN NO EVENT SHALL BUILDSITE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, WHETHER OR NOT BUILDSITE HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT BUILDSITE'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO FIFTY US DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

All matters relating to your access to, and use of, the Services and these Terms of Use shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted in a state or federal court located in San Francisco, California and no other venue. You and BuildSite agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

The trademarks, logos and service marks ("Marks") displayed on the web site are the property of BuildSite or other third parties. You are not permitted to use these Marks without the prior written consent of BuildSite or such third party which may own the Mark.

Amended June 5, 2006.