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Terms of Service
[effective July 1, 2017]
1. Using Building Profit
a. Who can use Building Profit
You may use our Products only if you can form a binding contract with Building Profit, and only in compliance with these Terms and all applicable laws. When you create your Building Profit account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. Your Content
a. Posting content
Building Profit allows you to post advertising content, including photos, videos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Building Profit.
b. How Building Profit and other users can use your content
You grant Building Profit and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Building Profit solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Building Profit may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Building Profit, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
d. Your responsibility for your content
i. To Building Profit and our community: Building Profit provides the means to promote product awareness and knowledge of building materials to those in the residential construction industry and those who wish to build and remodel using those LBM building materials. This continues to be done in a friendly and educational manner, thus you must comply with our policies. You shall not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content for which you post, and you represent and warrant that User Content and any third-party content posted, comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
ii. To third parties. Building Profit respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to Building Profit does not and will not violate any law or infringe the rights of any third party.
e. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Building Profit more of a valuable resource to our industry. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Building Profit does not waive any rights to use similar or related Feedback previously known to Building Profit , or developed by its employees, or obtained from sources other than you.
3. Tools for Site Owners
a. Site Features
We offer products that web site developers can use to offer Building Profit features and functionality to their users (e.g., the use of Building Profit logo’s to funnel users to specific Product Platforms, etc.,) (“Site Features”). You agree to use the Features only as documented by Building Profit, and in compliance with our policies. You may not place Site Features on a site or service with content that would violate these Terms if displayed on our Products. You also agree that the Building Profit features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorized by Building Profit.
4. Copyright Policy
Building Profit has adopted and implemented the Building Profit Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy below.
Do not infringe anyone’s intellectual property, privacy or other rights. Do not do anything or post any content that violates laws or regulations. Do not use Building Profits’ name, logo or trademark without first written permission.
Building Profit cares about the security of our users. While we work to protect the security of your content and account, Building Profit cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
Do not access, use or tamper with our systems or our technical providers’ systems. Do not break or circumvent our security measures or test the vulnerability of our systems or networks. Do not use any undocumented or unsupported method to access, search, scrape, download or change any part of Building Profit. Do not try to reverse engineer our software. Do not try to interfere with people on Building Profit or our hosts or networks, like sending a virus, overloading, spamming or mail-bombing. Do not copy, collect or store content or personally identifiable information from Building Profit or other companies or people using Building Profit without permission. Do not share your password, let anyone access your account or do anything that might put your account at risk. Do not sell access to your account, boards, or username, or otherwise transfer account features for compensation.
6. Third-party Links, Sites and Services
Building Profit Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Building Profit. Building Profit does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Building Profit, you do so at your own risk and you agree that Building Profit will have no liability arising from your use of or access to any third-party website, service, or content.
Building Profit may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound to these Terms.
You agree to indemnify and hold harmless Building Profit and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
BUILDING PROFIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Building Profit takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDING PROFIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL BUILDING PROFIT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO BUILDING PROFIT FOR THE PAST THREE MONTHS FOR THE PRODUCTS.
To the extent any claim, dispute or controversy regarding Building Profit or our Products isn’t arbitrable under applicable laws or otherwise: you and Building Profit both agree that any claim or dispute regarding Building Profit will be resolved exclusively in accordance with Section ‘Governing Law and Jurisdiction’ of these Terms.
For any dispute you have with Building Profit, you agree to first contact us and attempt to resolve the dispute with us informally. If Building Profit has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided herein. Unless you and Building Profit agree otherwise, the arbitration will be conducted in the county of Porter, in the State of Indiana. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall NOT include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BUILDING PROFIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Indiana, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Porter County, Indiana.
13. General Terms
Notification procedures and changes to these Terms. Building Profit reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you.
By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Building Profit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Building Profit’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties. Building Profit is a worldwide service and our reference to Building Profit in these Terms includes Building Profit, Inc. and all of (if any) its worldwide subsidiaries. These Terms are a contract between you and:
Building Profit, Inc.
2700 Valparaiso Street
P.O. Box 2166
Valparaiso, Indiana 46384
[effective July 1, 2017]
Building Profit wrote this policy to help you understand what information we collect, how we use it, and what choices you have. We welcome your questions and comments on this policy.
We collect information in a few different ways:
1. When you give it to us or give us permission to obtain it
When you sign up for or use our products, you voluntarily give us certain information. This can include your name, contact and billing information, employee or agent information, 3rd party information (i.e. of distributors, suppliers, manufacturers, dealers, contractors, consumers, individuals, marketing agencies, etc.), artwork, social media channels, photos, ideas and comments, email addresses or phone numbers, geographical locations, and any other information you provide us. If you’re using Building Profit on your mobile device and/or some browsers, you can also choose to provide us with location data. And if you choose to buy something on Building Profit, you provide us with payment information, contact information (ex., credit card information, checking account information, address and phone number), and what you purchased.
You also may give us permission to access your information in other services. For example, you may link your website, blog or social media channels account to Building Profit, which allows us to obtain information from those accounts.
2. We also get technical information when you use our products
These days, whenever you use a website, mobile application, or other internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products. Here are some of the types of information we collect:
Log data. When you use Building Profit, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Building Profit features, browser type and settings, the date and time of your request, how you used Building Profit, and cookie data.
Device information. In addition to log data, we may also collect information about the device you’re using Building Profit on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
3. Our partners and advertisers may share information with us
We may get information about you and your activity off Building Profit from our affiliates, advertisers, partners, manufacturers, distributors, suppliers, dealers, contractors, individuals and other third parties we work with.
Online advertisers typically share information with the websites or apps where they run ads to measure and/or improve those ads. We also receive this information, which may include information like whether clicks on ads led to purchases or a list of criteria to use in targeting ads.
4. How do we use the information we collect?
We use the information we collect to provide our products to you and make them better, develop new products, and protect Building Profit and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better. If you make a purchase or pay a monthly/annual fee on Building Profit, we’ll save your payment information and contact information so that you can use them the next time you want to purchase or pay for something on Building Profit.
5. We also use the information we collect to offer you customized content, including:
Suggesting purchases, upgrades or articles you might like. For example, if you’ve indicated that you’re interested in learning more about SEO, then we may have articles or 3rd party vendors you may want to read or contact. If a contactors want to include special pages (i.e. an About Us page, price list or list of services page, display of client photo’s, etc.) we may suggest an upgrade to your services.
On the other hand, you are able to suggest to us new features, specific product ad inclusions, commentary on services, or other needs for our review.
6. We also use the information we collect to:
Send you updates newsletters, marketing materials and other information that may be of interest to you. For example, we may send you periodic updates that you may like. You can decide to stop getting these updates.
7. Transferring your information
Building Profit is a worldwide service based in the United States of America. For our International users, by using our products or services, you authorize us to transfer and store your information outside of your home country and into the USA, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those in your home country.
8. What choices do you have about your information?
You may close your account at any time. When you close your account, we’ll deactivate it and remove any services (i.e. product ads, product platform website(s), personal web pages, etc.). We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
You may have choices available to you through the device or software you use to access Building Profit. For example: The browser you use may provide you with the ability to control cookies or other types of local data storage. Your mobile device may provide you with choices around how and whether location or other data is shared with us. To learn more about these choices, please see the information provided by the device or software provider.
9. How and when do we share information?
Anyone can view your product platform website(s), pages and ads or other content that you either give us or are created on your behalf. Do NOT send, give or discuss with Building Profit any proprietary or confidential information that you would not inadvertently displayed publicly upon the public platform. See note below for private billing and payment information. We may also make your information available through what are called “APIs”. For example, a partner might use a Building Profit API to study what their most popular pages are on Building Profit.
There are other limited instances where we may share your personal information when we have your consent. This includes sharing information with other services (like Facebook, Twitter, Houzz, Pinterest, Instagram, etc.) when you’ve chosen to link to or from your Building Profit account to those services; or publish activity to such.
For the purposes of billing and payment information, when you buy something on Building Profit or pay your subscription to Building Profit via either check or credit card (or 3rd party payment processors like PayPal), we may then share, store or access as required your payment information (i.e. check #, account #, payee, routing, credit card data, etc.). If using a 3rd party processor, then your payment information and transaction will be shared, stored and accesses per that merchants as if you had just made a purchase from their website directly, which means their privacy policies and marketing policies apply.
Building Profit may disclose information if deemed reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Building Profit; or to detect, prevent, or otherwise address fraud, security or technical issues. Building Profit may share the information described in this Policy with our wholly-owned subsidiaries and affiliates. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy. We may also share aggregated or non-personally identifiable information with our partners, advertisers or others. For example, we may tell an advertiser on Building Profit how many people viewed a product ad, or the percentage of user who upgrade their platform.
10. Our policy on children’s information
Building Profit is not directed to children under 18. If you learn that a minor child has provided us with personal information without your consent, please contact us.
11. How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes. If you continue to use Building Profit after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.
12. How can you contact us?
The best way to contact Building Profit is by phone at 312-470-6699 (Chicago, IL). Alternate methods include email, regular or certified mail with a return receipt. You may contact us at:
Building Profit, Inc.
2700 Valparaiso Street
P.O. Box 2166
Valparaiso, Indiana 46384