Legal

Terms of Use
Version#: 0.1 (Last Modified: 06/2019)

Thank you for your interest in our (“our,” “we,” or “us”) website (the “Website”). The Website includes all websites, webpages, products, and services offered by or through our website.

1. Acceptance. Your use of the Website, including your browsing of any of the webpages on, through, or within the Website or using any product or service on, through, or within the Website, constitutes your agreement to be bound by, and comply with, these Terms of Use (these “Terms“). If you use the Website on behalf of, or in furtherance of, a company, business, or other entity, then (i) “you” includes you and such company, business, or entity, and (ii) you represent and warrant that (a) you are authorized to grant all permissions and licenses provided in these Terms and to bind such company, business, or entity to these Terms and (b) you agree to these Terms on such company’s, business’s, or entity’s behalf.

2. Changes. We may change these Terms from time to time in our sole discretion. Accordingly, we encourage you to review these Terms periodically. We reserve the right (but is not required) to post a notice on the Website or send you a notice via email or any other delivery method of any such change to these Terms. The most current version of these Terms will be linked on the home page of the Website. If you continue to use the Website after we change these Terms, then you accept all such changes.

3. Purpose. The Website provides users with, among other things, the ability to quote and order buildings. Please note, however, that we have the right to change, modify, suspend, or discontinue the Website, including the Website’s features and functionality, in whole or in part, without notice to you. We do not guarantee that any certain feature or functionality will continue to be available in the future through the Website. Nor do we guarantee the future availability of the Website itself.

4. Privacy Policy. Our Privacy Policy (the “Privacy Policy“) describes our practices concerning information that you provide or that we may collect about you through the Website, and you consent to our use of such information in compliance with the Privacy Policy. The Privacy Policy is incorporated into, and made a part of, these Terms.

5. User Submissions.

5.1 Posting. The Website may allow you to submit, post, and/or make available content and other materials viewable by other users of the Website (collectively “User Submissions“), subject to other restrictions in these Terms. User Submissions include any data, text files, links, and software that you submit, post, and/or make available by or through the Website.

5.2 Responsibility. You understand that all User Submissions are the sole responsibility of the user who posted the User Submissions, and in this connection, you are solely responsible for all of your User Submissions. We do not control or endorse the User Submissions or guarantee the accuracy, integrity, or quality of the User Submissions, and we take no responsibility for, and specifically disclaim any liability (including damages) with regard to, the User Submissions, including the legality or accuracy of any User Submission or whether any User Submission is libelous, slanderous, defamatory, or disparaging. You further understand that you must evaluate and bear all risks associated with the use of any User Submission, including reliance on the accuracy, completeness, and usefulness of the User Submissions. You retain all rights in and to your User Submissions, subject to these Terms.

5.3 Right to Submit. You represent and warrant the following:

(a) You own or have the necessary licenses, rights, consents, and permissions to grant the rights granted by you to us and our users in these Terms;

(b) Your User Submissions do not, and will not, violate any law, rule, or regulation or misappropriate or infringe upon the rights of any third party; and

(c) You will not post confidential or trade secret information of others.

5.4 Acceptable Use. You agree to use the Website only for the Website’s intended purposes, and you further agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part of the Website. In this connection, you agree that when using the Website, you will not, except to the extent specifically contemplated by the Website or these Terms:

(a) Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website or make any unauthorized changes to the Website;

(b) Circumvent, disable, or otherwise interfere with (i) security related features of the Website or (ii) features that prevent or restrict use or copying of any Website Content or User Submissions or enforce limitations on use of the Website Content or User Submissions;

(c) Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

(d) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website, the Website Content, or the User Submissions;

(e) Launch any automated system, including “robots,” “spiders,” “crawlers,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, except that we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;

(f) Upload, post, email, or otherwise transmit any material that contains “Trojan horses,” “worms,” software viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(g) Alter or modify the Website;

(h) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(i) Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, illegal, harmful of minors in any way, or objectionable topic, name, material, or information;

(j) Use or display a user name or screen name that disparages, in any manner, the Website, us, or our licensors or service providers;

(k) Frame the Website, display the Website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us and any third party or potentially deprive us of revenue (including revenue from advertising, branding, or promotional activities);

(l) Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

(m) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(n) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam or other unwanted electronic communications, unsolicited communications, or any advertising, promotional, or unauthorized communication;

(o) Use the Website’s communications systems for any commercial solicitation purpose;

(p) Copy or store any Website Content or User Submissions for other than your own use;

(q) Create any user account by automated means or under false or fraudulent pretenses;

(r) Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website or any processes that run or are activated while you are not logged in;

(s) Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Website;

(t) Impersonate another person or entity or use any fake name or identity;

(u) Allow any other person or entity to use your identification for posting or viewing comments;

(v) Restrict, inhibit, or interfere any other user from using and enjoying the Website;

(w) Violate any code of conduct or other guidelines that may be applicable to the Website;

(x) Harvest or otherwise collect information about others, including user names and user IDs, without each such user’s prior, express, and written consent;

(y) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;

(z) Post or transmit irrelevant content, repeatedly post the same or similar content, or otherwise impose and unreasonable or disproportionately large load on our infrastructure;

(aa) Use any part of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;

(bb) Access or use the Website through an interface other than our interface; or

(cc) Link to the Website from another; or

(dd) Create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal, or

(ee) Seek to harm or exploit children by exposing children to inappropriate content, asking for personally identifiable details, or otherwise;

(ff) Violate any additional terms, our Privacy Policy, or any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.

5.5 Embedding of Website. Notwithstanding the limitations in Section 5.4, you may embed the Website, in its entirety and without modification except that you may private label the Website with your business name and/or marks using functionality provided by the Website, in your own website that is used solely for your own internal business purposes (which may include providing services to your customers) (“Your Site”) for so long as each of the following conditions are satisfied:

(a) You must have our written approval, which we may revoke at any time, to embed the Website;

(b) You must have our written approval, which we may revoke at any time, to permit a third party to embed the Website;

(c) You must display and/or directly link to a copy of the then-current version of these Terms (including the then-current version of the Privacy Policy), in their entirety and without modification except that you may private label these Terms (including the Privacy Policy) with your business name and/or marks, in a manner that it is no less prominent than the manner in which these Terms (including the Privacy Policy) are displayed and/or linked on the Website;

(d) Each user of Your Site must agree to be bound by, and comply with, the then-current version of these Terms (including the then-current version of the Privacy Policy);

(e) Access to the functionality provided by the Website and embedded in Your Site must be limited to your bona fide customers who you believe have a good faith right to use, and a good faith intent to use, Your Site and the functionality provided by the Website;

(f) We and our licensors must be intended beneficiaries of the terms of use and privacy policy on Your Site, with the express right to enforce such terms and policy; and

(g) We and our licensors shall have the option, at any time, to limit or restrict access to the Website as embedded in Your Site (including on a customer-by-customer or user-by-user basis) for any reason or no reason and to otherwise exercise the rights set forth in Section 6.4.

5.6 No Confidentiality. You agree that you have no expectation of confidentiality with respect to your User Submissions. We disclaim any confidentiality obligation with respect to your User Submissions.

5.7 Licenses. You grant us and our affiliates a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions in perpetuity in connection with the Website and our and our affiliates’ businesses (and our and our affiliates’ successors’ businesses), including for purposes of developing, operating, improving, re-designing, providing, re-distributing, using, promoting, and marketing all or part of the Website, in any and all media formats (now known or hereafter developed) and through any and all media channels (now known or hereafter developed). Nothing in these Terms will restrict other legal rights that we may have to User Submissions, for example under other licenses. You also grant our users (whether registered or unregistered) a non-exclusive license to access your User Submissions through the Website and to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions as specifically permitted through the intended functionality of the Website and under these Terms. You agree that you will not receive any consideration or compensation in connection with your User Submissions.

5.8 Opinions. You understand that all opinions expressed by users of the Website, including those who work for us, are the personal opinions of the authors and not of us and are not endorsed by us.

5.9 Monitoring. We are not obligated to screen, review, monitor, edit, or correct any User Submission and do not necessarily screen, review, monitor, edit, or correct any User Submission. We reserve the right, in our sole discretion, to edit, modify, remove, or delete User Submissions (in whole or in part) without notice for any reason or for no reason, including User Submissions that we believe violate these Terms or our policies. You understand that entering or using the Website may expose you to User Submissions that are inaccurate, inappropriate (including for children), unsuited, offensive, indecent, or objectionable to you and/or your purposes.

5.10 Feedback. If you choose to submit comments, ideas, or feedback (collectively “Feedback”) to, by, or through the Website or otherwise, you agree that we are free to use the Feedback without any restriction or consideration or compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, or obtained from sources other than you.

5.11 Interaction with Others. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you send any message related to us to your friends, using a tool we provide on the Website or otherwise, you will only do so to the extent you have permission from them to send communications of such nature and you will comply with all applicable law related to such communications. If you interact with other users offline or not on the Website, using information, including User Submissions, provided on the Website, you are solely responsible for your interactions and agree that we are not liable for any business transactions between you and other users that may arise from such interactions, online or offline.

6. Website.

6.1 Eligibility.

(a) You may use the Website only if you can form a binding contract with us.

(b) You represent warrant that (i) your use of the Website is legal in, and does not violate any laws or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website, (ii) you possess the legal right and ability to enter into these Terms and to use the Website in accordance with these Terms, (iii) your use of the Website will be in accordance with these Terms, and (iv) your use of the Website will be in accordance with all applicable laws and regulation.

(c) Your use of the Website and transfer, posting, and uploading of software, technology, and other technical data via the Website may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, and other technical data via the Website to export-prohibited parties or countries, (c) will not use the Website for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws, and (d) will not transfer, upload, or post via the Website any software, technology, or other technical data in violation of United States or other applicable export or import laws.

6.2 Ownership. Other than the User Submissions, the following are the exclusive property of us and our licensors and are protected under applicable copyright, trademark, and other proprietary rights laws: the Website and all information, images, photos, graphics, sounds, music, videos, interactive features, data, text, scripts, files, links, software (including the software that powers the Website), messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, trademarks, trade names, service marks, logos, and other matters related to, or located or contained within, the Website (the Website and all of the foregoing, other than the User Submissions, are collectively the “Website Content“). You do not acquire any ownership rights to any Website Content through your access to, or use of, the Website.

6.3 License. Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Website Content solely for your internal business purposes. Other than as specifically permitted through the intended functionality of the Website and other than as provided in these Terms, you may not use, copy, download, reproduce, republish, distribute, transmit, broadcast, display, assign, license, sublicense, sell, alter, prepare derivative works of, or otherwise exploit the Website Content (in whole or in part) without our prior, express, and written permission. You must maintain all copyright and other proprietary notices on all Website Content that you print or download (whether such printing or downloading is permissible or prohibited). All rights in and to the Website Content not expressly granted in this Section 6.3 remain in us and our licensors.

6.4 Access. We reserve the right to terminate or suspend your access to the Website, in whole or in part, at any time (for any reason or for no reason and without notice). In particular, and without limitation, we may terminate or suspend your access to the Website upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) our rights or the rights of any other party. If we grant you access to view any of the secure areas of the Website, you will not disclose any of the information included in that secure area to any third party without our prior, express, and written consent, including moving or copying such information to a non-secure area of the Website.

6.5 Software. Some of the products offered by or through the Website may be software that is downloaded to your computer, phone, tablet, or other device (the “Website Software“). You agree that we may automatically update and upgrade all Website Software. All Website Software, including all updates, upgrades, and enhancements, is governed by these Terms and, as determined in our sole discretion, may be subject to additional terms and conditions.

6.6 Fees. You agree to pay all fees associated with your use of the Website in accordance with the Website’s payment terms, conditions, and guidelines. You will be notified prior to incurring any fees associated with your use of the Website.

7. Registration.

7.1 Process. Certain features and functionality of the Website require you to register with us by entering your email address, your personal name, selecting a valid username, selecting a valid password, and providing all other required registration information (collectively the “Registration Information“). You agree that, at the time of submission to us, your Registration Information is true, accurate, current, and complete. You further agree to maintain and promptly update your Registration Information as necessary. You will provide us with additional true, accurate, current, and complete Registration Information as requested from time to time. Upon completing the registration process with us, you will be provided with a Website account (“Your Account“).

7.2 Restrictions and Limitations.

(a) We will have no liability associated with, or arising from, your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive critical information about the Website or Your Account. We will not be responsible for verifying your Registration Information. You may not (i) select or use as your Registration Information a name of another person with the intent to impersonate that person or (ii) use as your Registration Information a name subject to any rights of a person other than you without appropriate authorization. We reserve the right, at our discretion, to (a) refuse registration of your Registration Information and (b) cancel or deactivate Your Account, including due to inactivity, and, at our election, delete all related information and files in, or relating to, Your Account.

(b) You will maintain the confidentiality and security of, and will carefully guard, Your Account and Your Account-related information, and you will not provide Your Account or Your Account-related information to any other person or entity. We will not be liable for any unauthorized access or use of your Registration Information or Your Account. You are fully responsible for all use of, and activities that occur under, your Registration Information and Your Account and for any actions that take place through your registration or access to the Website (whether conducted by you or another). You are responsible for restricting access to your computer(s), including mobile devices, as necessary. If you suspect that someone may have obtained access to Your Account or Your Account-related information, (i) you should contact us immediately to authorize us to deny access to the Website to anyone else presenting Your Account or Your Account-related information and (ii) change Your Account password by using the functionality made available by the Website.

(c) We reserve the right to require you to change your Registration Information from time to time. Failure to comply with any portion of this Section 7 will constitute a breach of this Agreement, which may result in immediate termination of Your Account.

7.3 Email Notifications. We reserve the right to email you notifications that inform you of messages waiting for you on the Website. You agree that email communications and such notifications are an integral part of being a registered member of the Website, and you expressly consent to receiving these notifications. You further acknowledge that the only way to completely stop receiving these email communications is to cancel your membership to the Website.

8. Third Parties.

8.1 Links, Displays, and Interactions. The Website may contain links to, or prominently display, websites, services, products, offers, events, promotions, discounts, or activities provided or offered by or through third parties (collectively the “Third Party Products“). In addition, the Website may provide you with the ability to interact directly with third parties that offer, advocate, or make recommendations for Third Party Products. We are not responsible for, and disclaim any liability with respect to, Third Party Products and the content, accuracy, or opinions expressed in, or with respect to, Third Party Products. We do not investigate, monitor, or check any Third Party Products for accuracy, completeness, suitability, or fitness for a purpose. Inclusion of any Third Party Product, or the ability to interact with third parties regarding any Third Party Product, on or through the Website does not imply our approval or endorsement of the Third Party Product or the products, services, or information available at or from such Third Party Product. If you decide to leave the Website and access any other website, you do so at your own risk. Specifically, upon doing so, you will be subject to such other websites’ privacy policies (if any). You expressly relieve us from any and all liability arising from Third Party Products, including any use or purchase arising from, or relating to, your access to, or use of, the Website.

8.2 Names and Logos. The use of any name, trademark, trade name, service mark, logo, symbol, or other proprietary designation or marking of, or belonging to, any entity making products or services available on or through the Website should not be construed as an endorsement or sponsorship of the Website by any such entity or as an endorsement or sponsorship by the Website of such entity or such entity’s goods or services.

9. Indemnity. You will indemnify, defend, and hold harmless us, our affiliates, and our and our affiliates’ owners, parents, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, licensors, providers, suppliers, agents, representatives, and attorneys from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) your breach of, or failure to comply with, any of these Terms, (ii) any fraud, manipulation, deception, or misrepresentation by you, (iii) your access to, or use of, the Website and/or the Website Content, (iv) your User Submissions, (v) all use of, and activities that occur under, Your Account (whether conducted by You or another) and any actions that take place through your access to the Website and/or the Website Content, (vi) any violation of any law or regulation by you, and (vii) any dispute between you and another user of the Website (whether you and/or such other user is registered or unregistered). Neither we nor our affiliates or licensors have any duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms, the Website, or the Website Content or your use of, or access to, the Website or the Website Content.

10. Disclaimers and Limitations.

10.1 No Warranties. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THAT (i) THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS, INCLUDING TYPOGRAPHICAL ERRORS, WILL BE CORRECTED, (iii) THE WEBSITE, THE WEBSITE CONTENT, AND THE USER SUBMISSIONS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS ARE OR WILL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO (a) NON-INFRINGEMENT, (b) MERCHANTABILITY, (c) FITNESS FOR A PARTICULAR PURPOSE, (d) TITLE, (e) COURSE OF DEALING OR USAGE OF TRADE, (f) AVAILABILITY OF THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS, (g) LACK OF VIRUSES, WORMS, TROJAN-HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, (h) ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS, OR (i) DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT, OR LACK OF NEGLIGENCE. THE WEBSITE, THE WEBSITE CONTENT, AND THE USER SUBMISSIONS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

10.2 Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES OR LICENSORS WILL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS, (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING USER SUBMISSIONS, AND ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OF OTHER USERS OR THIRD PARTIES, OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US OR ANY OF OUR AFFILIATES OR LICENSORS EXCEED $100.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.

10.3 Risk of Use. YOUR ACCESS TO, AND USE OF, THE WEBSITE, THE WEBSITE CONTENT, AND THE USER SUBMISSIONS ARE AT YOUR RISK, INCLUDING YOUR ASSUMPTION OF ALL RISKS THAT THE WEBSITE, THE WEBSITE CONTENT, AND THE USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE WEBSITE CONTENT, OR THE USER SUBMISSIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE, THE WEBSITE CONTENT, AND THE USER SUBMISSIONS. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE.

11. Notices. Except as otherwise provided in these Terms (including with respect to modifications to these Terms or modifications to the Website), we may deliver notices to you via electronic mail or by prepaid certified mail, return receipt requested, at the address maintained in our database; any such notice will be deemed effectively given upon delivery.

12. General.

12.1 Governing Law and Venue. These Terms will be governed by, and construed and enforced in accordance with, United States federal law, as applicable, and by the laws of the state of Texas as applied to agreements made, entered into, and performed entirely in Texas by Texas residents, notwithstanding the actual residence of us or You. All lawsuits or proceedings arising out of, or relating to, these Terms will be brought in the state or federal courts located in Harris County, Texas, and we and you irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

12.2 Entire Agreement. These Terms (including the Privacy Policy) constitute the complete, final, and exclusive understanding between us and you relating to the subject matter of these Terms and govern your use of the Website, the Website Content, and the User Submissions, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter.

12.3 Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws, such provision will be fully severable, and these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of this Agreement; and the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. Our waiver of a breach of any provision of these Terms by you will not operate or be construed as a waiver by us of any subsequent breach by you.

12.4 No Amendments by You. You may not amend these Terms without our prior, express, and written consent and the prior written consent of our licensors.

12.5 Assignment. We may assign our rights and delegate our duties and obligations under these Terms to any party at any time without notice to you. These Terms are not assignable, transferable, or sub-licensable by you without our prior, express, and written consent.

12.6 Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind us in any respect whatsoever.

12.7 Interpretation. In the interpretation of these Terms, except where the context otherwise requires, (i) “including” or “include” does not denote or imply any limitation, (ii) “or” has the inclusive meaning “and/or,” (iii) “and/or” means “or” and is used for emphasis only, (iv) “$” refers to United States dollars, (v) the singular includes the plural, and vice versa, and each gender includes each other gender, (vi) captions or headings are only for reference and are not to be considered in interpreting these Terms, (vii) “Section” refers to a section of these Terms, unless otherwise stated in these Terms, and (viii) to the extent any provision of these Terms limit our liability or disclaim any responsibility or obligation with respect to us, then such limitation or disclaimer shall also apply to, and provide protection to, our licensors and providers (such as NCI Building Systems, Inc. and its affiliates), each of which is an intended third party beneficiary of these Terms (including the Privacy Policy) and shall have the right to enforce these Terms (including such limitations and disclaimers and including the Privacy Policy), in whole or in part in such third party beneficiary’s discretion, as if a party to these Terms and/or the Privacy Policy.

12.8 Survival. This Section 12 and Sections 4, 5.3, 5.7, and 9 through 12 will survival termination of these Terms and/or your right to access or use the Website, the Website Content, and the User Submissions.