Effective March 2nd, 2020
These Terms of Use (this “Agreement”) state the terms and conditions that govern your access to and use of the Buildforce Application (the “Buildforce App” or the “App”). When you download and/or access the App, you acknowledge your agreement and acceptance of this Agreement and the Buildforce Privacy Policy (available at: https://buildforce.com/privacy-policy). As used herein, “Buildforce” means Buildforce Services, Inc. and its affiliates.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I AGREE” OR ACCESSING OR IN ANY WAY USING THE APP, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THESE TERMS.
Changes. Buildforce may change or modify this Agreement from time-to-time and the amended Agreement will automatically be effective when posted. When you first access or use the Buildforce App after such changes have been made, you will be informed of the changed Agreement. Your continued use of the Buildforce App thereafter shall constitute your consent to such changes.
Requirements to Use the App. To access the Buildforce App and communications made through the App, you must have a mobile device that can connect to the internet, an internet connection, the current version of the Buildforce App, and a compatible operating system. Access fees from your internet service provider may apply. Your access to the App may be governed by agreements required by third-party providers in connection with your use of your device, telephone, wireless, and other services. If you are using a wearable device, certain information from the App may be transmitted through and displayed on the device. If you do not wish for this display to occur, please adjust your device settings.
License to Use the App. Subject to your compliance with all terms and conditions of this Agreement, Buildforce grants to you a non-transferable, non-exclusive, worldwide, non-sublicensable license, to access and use the App solely for your personal or internal business use. You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the App, or use the App to develop similar functionality; (b) copy any portion of the App, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of the App or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the App; (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, or any server, computer, or database connected to the App; or (f) otherwise exercise any other right to the App not expressly granted in this Agreement. Buildforce, or its licensors, own all right, title and interest in and to the App. No license or other right in or to the App is granted to you except for the rights specifically set forth in this Agreement.
Limitations on Use of the App. You acknowledge that there are security, reliability, data corruption, transmission error, accessibility, availability, and related risks associated with use of mobile technology to receive and transmit confidential information. Delivery through the Internet is not secure, and communications through the App are not encrypted. You assume all such risks and agree that Buildforce is not responsible for any unauthorized access, systems delays, outages, data loss, data corruption, inability to use the App, or other problems that arise when you try to use the App. The information presented to you in the App is designed solely for your individual use. App information is subject to change and we are not obligated to notify you of these changes.
Security. As a condition to your use of the App, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the App; (iii) probe, scan or test the vulnerability of the App or Buildforce’s network or breach security or authentication measures; or (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt Buildforce’s business. Unauthorized use of the App, including but not limited to unauthorized entry into Buildforce’s systems, misuse of passwords, or misuse of any information provided through the App, is strictly prohibited.
Proprietary Rights. You acknowledge and agree that the App contains content (including information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and other material) (“Content”) that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or later developed. You further acknowledge and agree that title to (a) the App, the Content and each component, copy and modification thereof and thereto, including but not limited to all derivative works, improvements or upgrades (collectively, “Derivative Works”) whether made by Buildforce, you or on Buildforce’s or on your behalf, including those made at your suggestion, and (b) all content and/or information provided to you through the App, and all associated intellectual property rights in each case, are and shall remain the sole and exclusive property of Buildforce, its affiliates and/or its licensors. You agree to assign, and hereby irrevocably and unconditionally assign to Buildforce, in perpetuity and without further consideration, all right, title and interest in and to all Derivative Works created by or on behalf of you, and all intellectual property rights therein or relative thereto. To the extent such intellectual property rights cannot (as a matter of law) be assigned by you to Buildforce, you hereby unconditionally and irrevocably grant to Buildforce a perpetual, non-terminable, exclusive (without reservation), royalty-free, fully-paid, right and license, with the right to sublicense through multiple tiers of sublicensees, under any and all such rights: (i) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit and otherwise use the Derivative Works in any medium or format, whether now known or hereafter discovered; (ii) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating or derived from the Derivative Work(s); and (iii) to exercise any and all other present or future rights in the same. You also confirm that any relevant moral rights in the Derivative Works have been waived, or if such rights are unwaivable, you agree to not enforce such rights, and for the avoidance of doubt this waiver and agreement shall extend to Buildforce’s licensees and successor(s) in title. At Buildforce’s request and expense, you shall execute and deliver such instruments and take such other action as may be reasonably requested by Buildforce to perfect or protect Buildforce’s rights in the Derivative Works. You may from time to time provide suggestions, comments and feedback to Buildforce concerning the App, including, without limitation, identifying potential errors and improvements (collectively “Feedback”). Feedback which is provided by you to Buildforce in connection with this Agreement may be freely used by Buildforce to improve or enhance its products and services, including but not limited to the App, and, accordingly, you hereby assign to Buildforce all right, title and interest in and to such Feedback without restriction. You acknowledge and agree that there may be no adequate remedy at law for your breach of the terms of this section, that such a breach may irreparably harm Buildforce, its affiliates and/or licensors, and that Buildforce is entitled to equitable relief (including, without limitation, injunctions, and without the posting of a bond) with respect to any such breach or potential breach in addition to any other remedies.
Indemnity. Your use of the App and any decisions based on information provided by or through the App are the sole responsibility of you, and you agree to defend, indemnify and hold Buildforce and its affiliates harmless from and against any liability that Buildforce may incur, including liability resulting from third party claims, arising from any decisions that you may make or acts you undertake based on such information or from your use of the App.
Product and Service Information. Buildforce does not warrant that any information, including any product or service descriptions, other content of this App or information concerning third parties (including other users of the App), is accurate, complete, reliable, updated, current, or error-free. In the event Buildforce determines that any such information is inaccurate or incomplete, Buildforce reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error unless prohibited by law. Buildforce may make improvements or changes to any content, information products, services, or programs described on the App at any time without notice.
Disclaimer of Warranty. The information, products and services on this App are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. To the fullest extent permitted by law, Buildforce (a) does not warrant the information or services provided herein or your use of this App generally, whether express or implied, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose; (b) does not guarantee continuous, uninterrupted or secure access to the App; (c) will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this App; (d) cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose and (e) disclaims any liability or responsibility for acts, omissions, or conduct of you or any party in connection with the App or your use thereof. Neither Buildforce, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this App, or resulting from the act or omission of any other party involved in making this App, the data contained herein or the products or services offered on this App available to you, or from any other cause relating to your access to, inability to access, or use of the App or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Buildforce or of any vendor providing software or services.
Limitation of Liability. IN NO EVENT WILL BUILDFORCE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE APP OR ITS USE, OR THE INABILITY TO USE, BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BUILDFORCE OR ITS AFFILIATES AND REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. BUILDFORCE’S CUMULATIVE AND AGGREGATE LIABILITY WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT OF U.S. $500. ALL CLAIMS THAT YOU MAY HAVE SHALL BE AGGREGATED AND MULTIPLE CLAIMS SHALL NOT ENLARGE THE FOREGOING LIMIT. THE LIMITATIONS AND EXCLUSIONS APPLY TO ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN RELATION TO THE AGREEMENT REGARDLESS OF FORM
Governing Law. This Agreement, and any issues relating to the information available by or through the App, are to be governed exclusively by the laws of the State of Texas, excluding the application of its conflicts of law rules, and the federal laws of the United States, to the extent applicable. The use of this App constitutes your irrevocable agreement that the federal and state courts located in Austin, Texas have the sole and exclusive jurisdiction over any dispute relating to the App and the information contained in it.
Account and Password Security. In connection with your use of the App, you may be asked to choose a password and a user name. You are solely responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Buildforce of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Buildforce may otherwise have, Buildforce reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of its systems and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Buildforce may rely on the authority of anyone accessing the App or your account, or using your password, and in no event and under no circumstances shall Buildforce be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Buildforce under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder. Buildforce may, at its option, change the parameters for the password used to use the App without prior notice to you, and if it does so, you will be required to change your password the next time you use the App.
Termination. Buildforce may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the App, in whole or part, at any time for any reason without prior notice, including but not limited to for reasons involving your use of the App which Buildforce may deem to be illegal or potentially brand damaging. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the App.
Privacy. Your privacy and the security of your information are important to Buildforce. Buildforce’s Privacy Policy, as amended from time to time (available online at: https://buildforce.com/privacy-policy), applies to your use of the App. You agree that Buildforce may collect, use and share your personal information in accordance with the Privacy Policy and to provide and maintain information, products and services you have requested through the App.
