Section I – Definitions
- 1.1 Site and App: Welcome to our websites www.buildmarker.com and www.foundersarmy.com (the “Site”) and the BuildMarker application (the “App”) hosted by BuildMarker Corp.. Where “App” is not specifically used, the term “Site” shall be interpreted to include both the Site and the App.
- 1.4 Changes: We reserve the right to, in our sole discretion, change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Site and changing the “last updated” date associated with this Notice. This Notice applies exclusively to your access to, interaction with, and use of, this Site and App and does not alter in any way the terms or conditions of any other agreement you might have with the Company or the Site or App. We encourage you
to review our Notice each time you visit our Site or App, to check if it has been updated since your last visit. If you have any questions or comments regarding the use of the Site or App, please direct your questions or comments to [email protected].
- 1.5 Company/Provider: BUILDMARKER CORP, a corporation formed under the laws of Delaware, (the “Company”) is the owner and Provider of the Site and App. The Company’s registered office is located at 13629 NE Bel Red Rd., Suite 201 Bellevue, Washington, 98005. The Company is also referenced as “us” or “we” within this Notice.
- 1.6 User: You are the User if you view, read, or use the contents, images, or information on or from the Site or App. The User is also referenced as “you” or “your” within this Notice.
- 1.7 Submitted Item: Any calendar, contact information, milestone, schedule, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, notes, and other information, content, or material, or any other item that you or your agents disclose, email, fax, offer, text, share, or post to the Site, App or the Company.
- 1.8 Third party posted information. The Site or App does not endorse, verify, or guarantee the validity of any material or information posted by other parties.
- 2.1 The content of any pages of the Site and App, programs, and utilities available on the Site and App are for your general information and use only. It is subject to change without notice.
- 2.2 Your use of any information or materials on the Site or App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Site or App meet your specific requirements. The Site or App does not verify the accuracy of, endorse, or guarantee the validity of any material or information posted by other parties on the Site or App. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- NFRINGEMENT. THE SITE AND APP DO NOT REPRESENT OR WARRANT THAT MATERIALS OR INFORMATION PROVIDED ON THIS SITE OR APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
- 2.3 By offering Submitted Items to the Site or App, either online or offline, whether or not solicited by the Company Site or App, you hereby grant to the Site an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including, but not limited to, print, film or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. You hereby represent and warrant: (A) you have all necessary rights, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark, or other intellectual property right of any third party. You will take, at the Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) requested by the Company to affect, perfect, and confirm the license granted to the Company to your Submitted Item as set forth herein. Publication or use of any Submitted Items is at the sole discretion of the Company and the Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used, and/or posted on the Site or App or otherwise used by the Company, we may include your name, likeness, photo, or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the Company the right to use your name in connection with the publication, use, or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item. By submitting this information, you are agreeing that this method of contacting you is sufficient for all means of communication between you andthe Company, and that such communication provides reasonable notice.
- 2.4 The trademarks, designs, copyrights, logos, and service marks (“Marks”) displayed on the Site or App are the property of the Company and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites or apps on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content located on the Site or App is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site or App for commercial or public purposes. Unauthorized use of the Site or App may give rise to a claim for damages and/or be a criminal offense.
- 2.5 BuildMarker Corp is an online provider of subscription based services to help stakeholders better communicate the point-of-progress to selected parties.
- 2.6 The Site’s, the App’s and the Company’s relationships with the Site and App contributors are solely Independent Contractor Relationships. Each Site and App contributor’s relationship with the Site, App and the Company is that of an independent contractor and nothing in this Notice and Agreement is intended to create, nor should be construed as creating, a partnership, agency, joint venture, or employment relationship. Each Site and App contributor will pay its own expenses, including those relating to insurance coverage, legal liability, and taxes. If a Site or App contributor has its own employees, it is solely responsible for paying for their benefits. Site and App contributors will not be entitled to any of the benefits which the Company may make available to its employees, including, but not limited to: group health or life insurance, profit-sharing, or retirement benefits.Each Site or App contributor is not authorized to make any representation, contract, or commitment on behalf of the Site, App or the Company unless specifically requested or authorized in writing to do so by a manager of the Company. Each Site or App contributor is solely responsible for, and will file on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to the performance of services and receipt of fees under this Notice and Agreement or through the Site. Each Site or App contributor is solely responsible for, and must maintain adequate records of expenses incurred in the course of performing services under this Notice or Agreement. No part of the Site or App contributors’ compensation will be subject to withholding by the Site, App or the Company for the payment of any social security, federal, state, or other employee payroll taxes. The Company will regularly report amounts paid to contributor by filing Form 1099-MISC with the Internal Revenue Service as required by law. Each Site or App contributor will indemnify, defend, and hold harmless the Company and its members, directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any negligent, reckless, or intentionally wrongful act of the Site contributor or Site contributor’s assistants, employees, or agents, (b) any breach by Site or App contributor or Site or App
contributor’s assistants, employees, or agents of any of the covenants, warranties, or representations contained in this Notice and Agreement, (c) any failure of Site or App contributor to perform the Services in accordance with all applicable laws, rules, and regulations, or (d) any violation or claimed violation of a third party’s rights resulting in BUILDMARKER Basic Terms and Conditions of Use Agreement. Pg. 4 of 7 whole or in part from the Company’s use of the work product of Site contributor under this Notice and Agreement.
- 2.7 The Site, App and Company uses Third Party Service Providers. By making use of some or all of these services on the Site and App, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our ThirdParty Service Providers to the extent required to provide services to you.
- 2.8 The Site, App and Company use the following Third-Party Service Providers (subject to change at the sole discretion of the Company) and by using the Site or App, you agree to be bound by each Third-Party Service Provider’s terms and conditions listed below:
- Active Campaign https://www.activecampaign.com/legal/terms-of-service
- Stripe https://stripe.com/en-in/ssa
- Chargebee https://www.chargebee.com/company/terms/
- MixPanel https://mixpanel.com/legal/terms-of-use/
- Amazon AWS https://aws.amazon.com/service-terms/
- Intercom https://www.intercom.com/legal/terms-and-policies#terms
- Calendly https://calendly.com/pages/terms
- Bonjoro https://www.bonjoro.com/terms-and-conditions
- Threadless https://www.threadless.com/info/terms/
- Prowly https://prowly.com/en/terms-of-service
- Mailchimp https://mailchimp.com/legal/terms/
- Refersion https://www.refersion.com/te
- Vimeo https://vimeo.com/terms”
- Leadfeeder https://www.leadfeeder.com/terms/
- Google Analytics https://policies.google.com/terms?hl=en-US
- Baremetrics https://baremetrics.com/terms
- VideoAsk https://www.videoask.com/legal
- Typeform https://admin.typeform.com/to/dwk6gt/
- Paypal https://www.paypal.com/us/webapps/mpp/ua/useragreement-full
- 2.9 The Site and App provides links to other sites by allowing you to leave this Site or App to access third-party material or by bringing third-party material into this Site or App via “inverse” hyperlinks and framing technology (a “Linked Site”). The Site or the Company have no discretion to alter, update, or control the content on a Linked Site. The fact that the
Site or App has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
- 2.10 All content, products, and services on the Site or App, or obtained from a site to which the Site or App is linked (a “Linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or
accuracy. THE COMPANY DOES NOT REPRESENT OR WARRANT THIS SITE, APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE SITE, APP AND CONTENT IS AT YOUR SOLE RISK.
- 2.11 The Company does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice, or statement made through the Site or App by any party other than the Company, (b) any content provided on Linked Sites, or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable
consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by your reliance on information obtained through the Site, App or a Linked Site, or your reliance on any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site or App, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- 2.12 The information, software, products, and descriptions of services published on the Site, App or a Linked Site may include inaccuracies or typographical errors, and the Company specifically disclaims any liability for such inaccuracies or errors. The Company does not warrant or represent that the content on the Site or App is complete or up-to-date. The Company is under no obligation to update the content on the Site or App. The Company may change the content on the Site or App at any time without notice and at its sole discretion. The Company may make improvements or changes to the Site or App at any time. The Company may also be compelled to make changes to the Site pursuant to law or regulation, with or without notice.
- 2.13 You agree that the Company, its affiliates, and any of their respective officers, directors,members, employees, or agents will not be liable, whether in contract, tort, strict liability,or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation: lost profits, cost of procuring substitute service,
cover, or lost opportunity) arising out of, or in connection with, the delay or inability to use the Site, App or a Linked Site, even if the Company is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnectivity problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes, or other labor problems or any other force majeure. The Company cannot and does not guarantee continuous, uninterrupted, or secure access to the Site or App.
- 2.14 It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify the Company of any unauthorized uses of your BUILDMARKER Basic Terms and Conditions of Use Agreement. Pg. 6 of 7 user name and password or any other breaches of security. The Company will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant
access to your account.
- 3.1 In the event of disputes resulting from the use of the Site or App, the parties will first consult together with a view to resolve the dispute amicably.
- 3.2 If the parties are unable to resolve a dispute amicably, it will be referred to the Superior Court in King County, Washington.
- 3.3 Your use of the Site or App and any dispute arising out of such use of the Site or App is subject to the laws of King County, Washington and applicable federal law without regard to conflict of laws principles.
Section IV – Copyright Complaints.
- 4.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:
Section II – Site and App Use.
Section III – Dispute Resolution
Service Provider: BUILDMARKER CORP Name of Agent Designated to Receive Notification of Claimed Infringement: MICHAEL STEWART, PRESIDENT OF BUILDMARKER CORP Full Address of Designated Agent to Which Notification Should be Sent: 13629 NE Bel Red Rd., Suite 201 Bellevue, Washington 98005 Telephone Number of Designated Agent: (425) 394-2650 Telephone Number of Designated Agent: [email protected]
- 4.2 To be effective, the notification must be a written communication that includes the following:
a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 4.3 BUILDMARKER CORP may give notice of a claim of copyright infringement to our users by means of a general notice on the Site or App, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. BUILDMARKER CORP may, within its sole discretion, terminate authorization of users to its Site or App who are repeat infringers.