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FAQs & SUPPORT
Contact Your Business Advocate
Business Advocates
About Business Advocates
Business Advocates are independent sales and service professionals. They have specialized training that enables them to help everyone in our network maximize the benefits of your membership.
Do you have one?
If someone reached out to you or your company and extended the offer of a Building Crews Membership, that is your Business Advocate. Contact them when you have questions or feedback related to your account or membership. If you're unable to reach them, please contact Building Crews directly, using the form below.
THE BUILDING CREWS
TERMS OF USE POLICY
BUILDING CREWS
TERMS OF USE
Last Modified: February 21, 2018
DEFINITIONS
1. Definitions. The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
A. “Building Crews,” “We,” and “Us” refer to Building Crews. Users, including Service Providers and Members, are not part of Building Crews. Independent Business Advocates or Subcontracted Sales and Service Representatives are not part of Building Crews.
B. The “Website,” “Site,” or “Platform” refers to the Building Crews website located at https://www.BuildingCrews.com, all subpages and subdomains, applications and all content, services, and products available at or through the Website.
C. “The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Site Visitor, Service Provider, a Member, all or neither.
D. “Site Visitors” refer to anyone visiting our Website.
E. “Service Providers” refer to registered Users in various fields who may elect to create profiles and share personal, professional and business information with other Users. Service Providers are not the employees or agents of Building Crews. The term Service Provider refers to the professional or company member and all of their employees, subcontractors and agents. Please see Section 6 of this Agreement for more information about Service Providers.
F. “Content” refers to content featured or displayed through the Website, including without limitation: User Profiles and other text, documents, information, data, articles, opinions, advice, suggestions, recommendations, observations, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any Building Crews User, Service Provider or Member.
G. The term “Service” refers to the services provided on the Building Crews Website, including without limitation: access to Building Crews online community and network; communication tools; information platform; and payment services. Building Crews does not provide a referral service. We provide a platform for our Site Users, Members and Service Providers to meet and exchange information with each other, at their own discretion.
H. The term “Agreement” (which may also be referenced herein as these “Terms of Use”) refers, collectively, to all the terms, conditions, and notices contained or referenced in this document.
ABOUT BUILDING CREWS
2. About the Building Crews Service. The Building Crews Service is a network platform for information sharing and communication between companies and individuals providing products, equipment, materials and services for commercial buildings, facilities, properties and construction projects (“Service Providers”) and the property, facility and construction managers seeking the products, equipment, materials and services of the above-referenced Service Providers.
A. Building Crews does not provide building or construction services, materials or equipment. Building Crews does not offer consulting, recommendations, referrals, or counseling for building or construction services, materials or equipment. Service Providers are not the employees or agents of Building Crews. Building Crews is not involved in agreements between Users or in the representation of Users. At no point may Building Crews be held liable for the actions or omissions of any Users, Site Visitors, Members or Service Providers.
B. Building Crews is not a referral service. Building Crews does not select or endorse any individual Service Provider in the network. Building Crews does not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Service Provider. Building Crews does not warrant or guarantee that Service Providers are covered by professional liability insurance or have the proper education, training, tools or credentials necessary to perform their trade. Building Crews encourages all Users, Site Visitors and Members to independently research Service Providers before deciding to conduct business with them.
C. Building Crews does not vouch for any of its Users. Providing a platform where Members and Service Providers can meet and communicate does not imply an endorsement of any User. Building Crews does not sanction statements Users post on the Website. Building Crews makes no representation concerning the qualifications of Users or the accuracy or suitability of the information they provide.
D. Building Crews does not guarantee results. Members may submit reviews of Service Providers; these reviews do not constitute a guarantee, warranty, or prediction regarding their suitability, credibility or performance. Building Crews will have no responsibility or liability of any kind for any User-Generated Content or profile information you encounter on or through the Website, and any use or reliance on User-Generated Content or profile information is solely at your own risk.
E. Use of Building Crews does not create a Service Provider-Client relationship with Building Crews. Any use of the Building Crews’ Service is not intended to, and does not create a Service Provider-Client relationship. Any communication via Building Crews may not be held confidential. Building Crews is not liable for the actions or omissions of any User, Member or Service Provider.
USER RESPONSIBILITIES
3. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed into or using your account. Your security is your responsibility.
A. User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Building Crews. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Building Crews immediately of any unauthorized use of your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
B. Relationship with Service Providers. Because we cannot guarantee the fitness of any of our Service Providers for your specific needs, we encourage Users to independently research Service Providers before accepting professional advice or services. Users should also directly request proof of Service Provider credentials, including without limitation: formal education, hands-on experience, technical qualifications, licensing information, professional certifications and proof of insurance prior to any agreement to do business.
C. No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, forum comments, socially shared content, reviews or recommendations and User profiles are provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional advice or a solicitation to offer professional advice regarding specific facts. You should not delay or forego seeking professional advice or disregard professional advice based on User-Generated Content. Delay in seeking such professional advice could result in a waiver of any claims you may have, depending on the applicable statute(s) of limitation. User-Generated Content is not regulated by any entity.
D. Compliance with Laws. You represent and warrant that: (I) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (II) your use of the Service will be solely for purposes that are permitted by this Agreement; (III) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (IV) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Building Crews policies.
USE AND CONDUCT RESTRICTIONS
4. Use and Conduct Restrictions. You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service. We are not responsible for the content our Users post, and we have the right to close accounts if we need to.
A. Prohibited Activities. You agree that you will not, under any circumstances, participate or engage in any of the following prohibited activities:
I. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
II. attempting to impersonate another User or person or using the username of another User;
III. attempting to impersonate any person or entity, including any of our employees or representatives;
IV. criminal or tortious activity;
V. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
VI. deleting the copyright or other proprietary rights notice from any Website content;
VII. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
VIII. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
IX. harassing, annoying, intimidating or threatening any Company employees, agents or independent subcontractors engaged in providing any portion of the Company Services to you;
X. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
XI. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
XII. selling or otherwise transferring your profile;
XIII. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
XIV. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
XV. using any information obtained from the Website in order to harass, abuse, or harm another person;
XVI. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau, or
XVII. using the Website in a manner inconsistent with any and all applicable laws and regulations.
B. Users Must Be Over Age 18. You represent that you are over the age of 18. Building Crews does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
C. No Liability for User Interactions; Building Crews May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, professional advice that you receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
D. Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
USER-GENERATED CONTENT
5. User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
A. Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
B. The Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
C. Building Crews May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any Building Crews policy or is in any way harmful, inappropriate, or objectionable. Building Crews further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.
D. Ownership of User-Generated Content. Except for Content that originates from Building Crews, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
E. License Grant. Solely to allow Building Crews to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights by posting any Content via the Website, you expressly grant Building Crews and our successors: a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Building Crews business purpose. This license does not grant Building Crews the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
SERVICE PROVIDERS
6. Service Providers. Service Providers are independent professionals and companies offering Building and Construction Services, Materials and Equipment for a fee. They are not employees or agents of Building Crews.
A. No Service Provider-Client Relationship through Website Use. Use of the Building Crews Website may not form a Service Provider-Client relationship. Information posted or made available on or through the Website, including, without limitation: User Profiles, correspondences, forum contributions, reviews, discounts and information posted on the Website; or information sent in a solicited or unsolicited message to a User is not verified by Building Crews, is not confidential, and does not create a Service Provider-Client relationship. It is considered User-Generated Content.
B. Communication Responsibilities. Service Providers are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation: User-Generated Content, forum posts, blog articles, and any communications they have with other Users through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of their trade and those regulating the form, manner or content of communications with clients, advertising, or other matters.
C. Regulatory Compliance. Service Providers must be compliant at all times in maintaining the necessary credentials required to perform the services and handle the materials and equipment for which you are listed in the Building Crews network directory. Maintaining the certifications, licenses, insurance and various other regulatory requirements to lawfully perform your listed or advertised profession or trade is the sole responsibility of the Service Provider. Verifying that these requirements are being satisfied is the sole responsibility of any User choosing to conduct business with a Service Provider.
D. Information Accuracy. Service Providers are required to list only those credentials that are currently in effect and in good standing with the proper authorities. Pending or past credentials are not permitted to be listed on any User Profiles. All Users, including Service Providers, are solely responsible for updating their Profiles immediately when the status and details of listed credentials change and for maintaining updated and accurate profile information on the Building Crews Website.
E. Building Crews does not verify User Profiles. Building Crews does not verify, sanction or warranty any of the information listed in User Profiles, including and without limitation, Service Provider Profiles. The User interested in conducting business with the Service Provider is solely responsible for verifying that the information listed by the Service Provider is true, accurate, lawful and up to date.
THIRD PARTY CONTENT
7. Third Party Content. There may be content from third parties on the Building Crews Website, such as blog posts written by other Users, advertisements or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
A. Access to Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for Building Crews to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
B. No Responsibility for Third Party Content. As part of the Service, Building Crews may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Site Visitors, Users, Members and Service Providers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Building Crews. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
C. No Authorization to Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Building Crews Terms of Use.
COPYRIGHT INFRINGEMENT & DMCA POLICY
8. Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by Building Crews violates your copyright, please notify Building Crews in accordance with our Digital Millennium Copyright Act Policy.
A. Termination of Repeat Infringer Accounts. Building Crews respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Building Crews or others. We may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
B. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Building Crews designated copyright agent at 407 West Smith Valley Road, Suite 382, Greenwood, Indiana 46142.
C. Response to DMCA Take-Down Notices. If Building Crews takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Building Crews. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as lumendatabase.org.
D. Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to the Building Crews copyright agent using the contact information set forth above in Section 8-B.
E. Response to DMCA Counter-Notices. If a counter-notice is received by the Building Crews copyright agent, Building Crews may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, User, Member or Service Provider, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
INTELLECTUAL PROPERTY NOTICE
9. Intellectual Property Notice. Building Crews retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
A. No Transfer. Building Crews retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Building Crews or third party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
B. Specifically, Building Crews, BuildingCrews.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Building Crews. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Building Crews, except as an integral part of any authorized copy of the Content.
EMAIL COMMUNICATIONS
10. Email Communications. We use email and electronic means to stay in touch with our Users.
A. Electronic Communications Required. For contractual purposes, you (I) consent to receive communications from Building Crews in an electronic form via the email address you have submitted or via the Service; and (II) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Building Crews provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
B. Legal Notice To Building Crews Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Building Crews or any of our officers, employees, agents, representatives or subcontractors in any situation where notice to Building Crews is required by contract or any law or regulation.
TERMINATION
11. Termination. You may cancel this Agreement and close your account at any time. Termination of the Building Crews Service does not terminate previously agreed upon membership payment obligations.
A. Free Account Termination. If you have a free Membership and wish to terminate this Agreement or your account with the Service, you may simply discontinue using Building Crews. If you wish to delete your User account data, please contact Building Crews at Support@BuildingCrews.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we reserve the right to delete your full profile within 30 days.
B. Paid Account Changes and Termination. If you have a Premium Membership you may change or terminate your Membership subscription by contacting Building Crews at Support@BuildingCrews.com. Changes and cancellation requests must be made a minimum of 72 hours prior to the date you want the changes to take effect. Your account will remain active until your paid subscription period expires. No refunds will be provided for renewals that occur when termination requests are made with less than 72 hours advance notice prior to the date of renewal.
C. Building Crews May Terminate This Agreement. Building Crews may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
D. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
MEMBERSHIP SUBSCRIPTIONS
12. Membership Subscriptions. Site Visitors, in accordance with this agreement, are eligible to enroll in one of several Membership options, as further outlined in this section. Membership subscription selections determine a User’s level of access to Building Crews, our Website and User Profile customization. Some Membership subscriptions are free while others require a fee, to be paid monthly, half-yearly or yearly.
A. Executive Membership. Executive Members are defined as Property, Real Estate, Building, Facility and Construction Managers or Assistant Managers - or any professional actively involved in screening and selecting Commercial Building Service, Materials or Equipment Providers for the purposes of contracting with them for their listed purpose. Executive Membership is free, to those who qualify, but a completed Profile is required and Executive Members are solely responsible for their Profile’s content, representations and accuracy.
B. Basic Listings. Basic Listings are Memberships granting Service Providers the opportunity to post minimal, abbreviated Profiles in the Building Crews Network for free. Service Providers with Basic Listings must follow all of the guidelines set forth in this agreement for Service Providers. Profiles for all Basic Listings must be accurate and complete to be active in the Network. Basic Listing Members are solely responsible for their Profile’s content, representations and accuracy.
C. Premium Membership. Premium Members are Service Providers granted the opportunity to post full, comprehensive Profiles in the Premium Directory of the Building Crews Network for a fee. Premium Service Providers must follow all of the guidelines set forth in this agreement for Service Providers. Premium Profiles must be accurate and complete to be active in the Network. Premium Members are solely responsible for their Profile’s content, representations and accuracy. Premium Memberships may be purchased and paid on a monthly, half-yearly or yearly basis. Membership pricing can be found at https://www.buildingcrews.com/pricing.html.
NO REPRESENTATIONS OF OUTCOME
13. No Representations of Outcome. Building Crews makes no representation, warranty or guarantee of any specific business opportunities or outcomes related to or resulting from the use of our Website or Service.
A. Members Seeking Service Providers. Building Crews makes no representation, warranty or guarantee that Users seeking Service Providers will find any specific Service Providers in our Network, offering any specific discounts, services, materials or equipment for any specific geographic location.
B. Service Provider Profiles. Building Crews makes no representation, warranty or guarantee as to any of the following, without limitation: specific placement of User Profiles in the Primary or Secondary Network Directories, or that User Profiles will generate or contribute to any inquiries, interest, business relationships or transactions.
PAYMENTS AND REFUNDS
14. Payments and Refunds. You agree to be bound by our non-refundable payment policy and have your credit or debit card on file automatically charged, according to the Premium Membership subscription period you’ve selected - Monthly, Half-Yearly or Yearly. All charges will take place in advance of the subscription period and will automatically renew until this agreement is terminated.
A. Premium Membership Subscriptions. By selecting Premium Membership, you are authorizing automatic, recurring payments to Building Crews for Services. Your payments will be processed in accordance with the Membership subscription period you’ve selected - Premium Monthly Membership, Premium Half-Yearly Membership or Premium Yearly Membership, until this agreement is terminated.
B. Subscription and Renewal Periods. After your initial subscription period, of 1 month (Premium Monthly Membership), 6 months (Premium Half-Yearly Membership) or 1 year (Premium Yearly Membership), your subscription will automatically renew - and your payments will automatically be processed - for an equivalent period of time, on an ongoing and continual basis, until this agreement is terminated. By selecting Premium Membership, you authorize the initial subscription payment and all subsequent ongoing renewal payments which will automatically be charged in advance, using your credit or debit card on file, until this agreement is terminated.
C. Premium Membership Pricing. Building Crews will provide you with at least 30 days advance notice before fee changes take effect. All fee changes will be updated in our Terms of Use and an email notification will be sent to the primary account email address for every Membership impacted by the fee change. You are responsible for maintaining a valid email address on file. Our current premium membership fees can be found at https://www.buildingcrews.com/sign-up-for-premium-service-pros.html#join.
D. Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. By selecting Premium Membership, you authorize Building Crews to charge your credit or debit card on file immediately upon initial enrollment and again at the beginning of every renewal period. If, for any reason, your supplied payment method fails to process successfully, you agree that Building Crews may immediately suspend or terminate your Membership and/or continue to attempt to charge your credit or debit card until payment is received.
E. Payment Authorization. By enrolling as a Premium Member, you agree to these terms and you are giving Building Crews permission to charge your credit or debit card on file. By placing your credit or debit card on file with Building Crews or our third party payment processor, Stripe, you acknowledge and agree that all payment terms set forth in this Section 14 shall apply. This agreement is valid if executed by any of the following, current or former, and without limitation: any owner, executive, officer, employee, agent, subcontractor, representative or entity of the Member.
F. No Refunds. Payments processed for Premium Memberships are non-refundable.
DISPUTE RESOLUTION PROCEDURES
15. Dispute Resolution Procedures.
A. You are Responsible for Legal Expenses. If Building Crews takes legal action to enforce this agreement; you will be liable for all of the costs associated with legal counsel and representation, court costs and any associated damages resulting from your failure to comply with this agreement.
B. Governing Law. This Agreement between you and Building Crews and any access to or use of the Website or Service are governed by the federal laws of the United States of America and the laws of the State of Indiana, without regard to conflict of law provisions. You and Building Crews agree to submit to the exclusive jurisdiction and venue of the courts located in Johnson County, Indiana, for litigation of any claim by either party arising under this Agreement. You agree to irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of this sole and exclusive jurisdiction of Johnson County, Indiana.
DISCLAIMER OF WARRANTIES
16. Disclaimer of Warranties. We provide our Service as-is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.
A. Building Crews provides the Website and the Service “as-is,” without warranty of any kind. Without limiting the foregoing, Building Crews expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation: any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
B. Specifically, Building Crews makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF LIABILITY
17. Limitation of Liability. We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
A. To the extent permitted by applicable law, in no event will Building Crews be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (I) the use, disclosure, or display of your User-Generated Content; (II) your use or inability to use the Service; (III) the Service generally or the software or systems that make the Service available; or (IV) any other interactions with Building Crews or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Building Crews has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Building Crews will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
RELEASE AND INDEMNIFICATION
18. Release and Indemnification.
A. You agree to indemnify and hold harmless Building Crews from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
B. If you have a dispute with one or more Users, you release Building Crews from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
19. Modification of Terms of Use. Building Crews may amend this Agreement from time to time, and in Building Crews sole discretion. We will provide notification to Users of material changes to this Agreement (I) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (II) through our Website at least 30 days prior to the change taking effect by posting a notice on our home page. Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check this page for any changes to this Agreement. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
MISCELLANEOUS
20. Miscellaneous. This Agreement is controlled by Indiana law. You, and you alone, are responsible for any obligations you agree to under this contract. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state. These terms, including our Privacy Policy and Cookie Policy, are the complete agreement between us, and no other terms apply.
A. Severability. Should any provision of this Agreement, in whole or in part be or become invalid, impracticable or unenforceable, the validity of the other provisions shall not be affected thereby. In such a case, the invalid, impracticable or unenforceable provision shall be deemed to be replaced by a provision which, to the extent admissible according to the applicable laws, comes closest to the purpose of the invalid, impracticable or unenforceable provision. The same shall apply with respect to any omissions contained in this Agreement. Any failure on the part of Building Crews to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
B. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Building Crews must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
C. Non-Assignability. Building Crews may assign or delegate these Terms of Use and/or the Building Crews Privacy Policy and/or the Building Crews Cookie Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use, Privacy Policy or Cookie Policy without Building Crews prior written consent, and any unauthorized assignment or delegation by you is void.
D. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
E. Complete Agreement. These Terms of Use, together with (I) the Privacy Policy at https://www.BuildingCrews.com/privacy-policy.html, and (II) the Cookie Policy at https://www.iubenda.com/privacy-policy/353060/cookie-policy represent the complete and exclusive statement of the agreement between you and Building Crews. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Building Crews, and without limitations: our employees, agents, affiliates, representatives and subcontractors relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized Building Crews executive, or by the posting by Building Crews of a revised version.
F. Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.
You acknowledge that you have read this Agreement and that you know and understand the meaning and intent of this Agreement. You certify that you are entering into this Agreement knowingly and voluntarily and you agree to abide by these terms. You certify that you understand you are responsible for complying with all of these Terms of Use and are willing to accept the legal and financial consequences, for failing to comply with this Agreement.
TERMS OF USE
Last Modified: February 21, 2018
DEFINITIONS
1. Definitions. The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
A. “Building Crews,” “We,” and “Us” refer to Building Crews. Users, including Service Providers and Members, are not part of Building Crews. Independent Business Advocates or Subcontracted Sales and Service Representatives are not part of Building Crews.
B. The “Website,” “Site,” or “Platform” refers to the Building Crews website located at https://www.BuildingCrews.com, all subpages and subdomains, applications and all content, services, and products available at or through the Website.
C. “The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Site Visitor, Service Provider, a Member, all or neither.
D. “Site Visitors” refer to anyone visiting our Website.
E. “Service Providers” refer to registered Users in various fields who may elect to create profiles and share personal, professional and business information with other Users. Service Providers are not the employees or agents of Building Crews. The term Service Provider refers to the professional or company member and all of their employees, subcontractors and agents. Please see Section 6 of this Agreement for more information about Service Providers.
F. “Content” refers to content featured or displayed through the Website, including without limitation: User Profiles and other text, documents, information, data, articles, opinions, advice, suggestions, recommendations, observations, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any Building Crews User, Service Provider or Member.
G. The term “Service” refers to the services provided on the Building Crews Website, including without limitation: access to Building Crews online community and network; communication tools; information platform; and payment services. Building Crews does not provide a referral service. We provide a platform for our Site Users, Members and Service Providers to meet and exchange information with each other, at their own discretion.
H. The term “Agreement” (which may also be referenced herein as these “Terms of Use”) refers, collectively, to all the terms, conditions, and notices contained or referenced in this document.
ABOUT BUILDING CREWS
2. About the Building Crews Service. The Building Crews Service is a network platform for information sharing and communication between companies and individuals providing products, equipment, materials and services for commercial buildings, facilities, properties and construction projects (“Service Providers”) and the property, facility and construction managers seeking the products, equipment, materials and services of the above-referenced Service Providers.
A. Building Crews does not provide building or construction services, materials or equipment. Building Crews does not offer consulting, recommendations, referrals, or counseling for building or construction services, materials or equipment. Service Providers are not the employees or agents of Building Crews. Building Crews is not involved in agreements between Users or in the representation of Users. At no point may Building Crews be held liable for the actions or omissions of any Users, Site Visitors, Members or Service Providers.
B. Building Crews is not a referral service. Building Crews does not select or endorse any individual Service Provider in the network. Building Crews does not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Service Provider. Building Crews does not warrant or guarantee that Service Providers are covered by professional liability insurance or have the proper education, training, tools or credentials necessary to perform their trade. Building Crews encourages all Users, Site Visitors and Members to independently research Service Providers before deciding to conduct business with them.
C. Building Crews does not vouch for any of its Users. Providing a platform where Members and Service Providers can meet and communicate does not imply an endorsement of any User. Building Crews does not sanction statements Users post on the Website. Building Crews makes no representation concerning the qualifications of Users or the accuracy or suitability of the information they provide.
D. Building Crews does not guarantee results. Members may submit reviews of Service Providers; these reviews do not constitute a guarantee, warranty, or prediction regarding their suitability, credibility or performance. Building Crews will have no responsibility or liability of any kind for any User-Generated Content or profile information you encounter on or through the Website, and any use or reliance on User-Generated Content or profile information is solely at your own risk.
E. Use of Building Crews does not create a Service Provider-Client relationship with Building Crews. Any use of the Building Crews’ Service is not intended to, and does not create a Service Provider-Client relationship. Any communication via Building Crews may not be held confidential. Building Crews is not liable for the actions or omissions of any User, Member or Service Provider.
USER RESPONSIBILITIES
3. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed into or using your account. Your security is your responsibility.
A. User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Building Crews. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Building Crews immediately of any unauthorized use of your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
B. Relationship with Service Providers. Because we cannot guarantee the fitness of any of our Service Providers for your specific needs, we encourage Users to independently research Service Providers before accepting professional advice or services. Users should also directly request proof of Service Provider credentials, including without limitation: formal education, hands-on experience, technical qualifications, licensing information, professional certifications and proof of insurance prior to any agreement to do business.
C. No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, forum comments, socially shared content, reviews or recommendations and User profiles are provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional advice or a solicitation to offer professional advice regarding specific facts. You should not delay or forego seeking professional advice or disregard professional advice based on User-Generated Content. Delay in seeking such professional advice could result in a waiver of any claims you may have, depending on the applicable statute(s) of limitation. User-Generated Content is not regulated by any entity.
D. Compliance with Laws. You represent and warrant that: (I) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (II) your use of the Service will be solely for purposes that are permitted by this Agreement; (III) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (IV) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Building Crews policies.
USE AND CONDUCT RESTRICTIONS
4. Use and Conduct Restrictions. You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service. We are not responsible for the content our Users post, and we have the right to close accounts if we need to.
A. Prohibited Activities. You agree that you will not, under any circumstances, participate or engage in any of the following prohibited activities:
I. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
II. attempting to impersonate another User or person or using the username of another User;
III. attempting to impersonate any person or entity, including any of our employees or representatives;
IV. criminal or tortious activity;
V. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
VI. deleting the copyright or other proprietary rights notice from any Website content;
VII. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
VIII. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
IX. harassing, annoying, intimidating or threatening any Company employees, agents or independent subcontractors engaged in providing any portion of the Company Services to you;
X. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
XI. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
XII. selling or otherwise transferring your profile;
XIII. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
XIV. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
XV. using any information obtained from the Website in order to harass, abuse, or harm another person;
XVI. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau, or
XVII. using the Website in a manner inconsistent with any and all applicable laws and regulations.
B. Users Must Be Over Age 18. You represent that you are over the age of 18. Building Crews does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
C. No Liability for User Interactions; Building Crews May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, professional advice that you receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
D. Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
USER-GENERATED CONTENT
5. User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
A. Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
B. The Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
C. Building Crews May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any Building Crews policy or is in any way harmful, inappropriate, or objectionable. Building Crews further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.
D. Ownership of User-Generated Content. Except for Content that originates from Building Crews, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
E. License Grant. Solely to allow Building Crews to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights by posting any Content via the Website, you expressly grant Building Crews and our successors: a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Building Crews business purpose. This license does not grant Building Crews the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
SERVICE PROVIDERS
6. Service Providers. Service Providers are independent professionals and companies offering Building and Construction Services, Materials and Equipment for a fee. They are not employees or agents of Building Crews.
A. No Service Provider-Client Relationship through Website Use. Use of the Building Crews Website may not form a Service Provider-Client relationship. Information posted or made available on or through the Website, including, without limitation: User Profiles, correspondences, forum contributions, reviews, discounts and information posted on the Website; or information sent in a solicited or unsolicited message to a User is not verified by Building Crews, is not confidential, and does not create a Service Provider-Client relationship. It is considered User-Generated Content.
B. Communication Responsibilities. Service Providers are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation: User-Generated Content, forum posts, blog articles, and any communications they have with other Users through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of their trade and those regulating the form, manner or content of communications with clients, advertising, or other matters.
C. Regulatory Compliance. Service Providers must be compliant at all times in maintaining the necessary credentials required to perform the services and handle the materials and equipment for which you are listed in the Building Crews network directory. Maintaining the certifications, licenses, insurance and various other regulatory requirements to lawfully perform your listed or advertised profession or trade is the sole responsibility of the Service Provider. Verifying that these requirements are being satisfied is the sole responsibility of any User choosing to conduct business with a Service Provider.
D. Information Accuracy. Service Providers are required to list only those credentials that are currently in effect and in good standing with the proper authorities. Pending or past credentials are not permitted to be listed on any User Profiles. All Users, including Service Providers, are solely responsible for updating their Profiles immediately when the status and details of listed credentials change and for maintaining updated and accurate profile information on the Building Crews Website.
E. Building Crews does not verify User Profiles. Building Crews does not verify, sanction or warranty any of the information listed in User Profiles, including and without limitation, Service Provider Profiles. The User interested in conducting business with the Service Provider is solely responsible for verifying that the information listed by the Service Provider is true, accurate, lawful and up to date.
THIRD PARTY CONTENT
7. Third Party Content. There may be content from third parties on the Building Crews Website, such as blog posts written by other Users, advertisements or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
A. Access to Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for Building Crews to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
B. No Responsibility for Third Party Content. As part of the Service, Building Crews may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Site Visitors, Users, Members and Service Providers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Building Crews. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
C. No Authorization to Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Building Crews Terms of Use.
COPYRIGHT INFRINGEMENT & DMCA POLICY
8. Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by Building Crews violates your copyright, please notify Building Crews in accordance with our Digital Millennium Copyright Act Policy.
A. Termination of Repeat Infringer Accounts. Building Crews respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Building Crews or others. We may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
B. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Building Crews designated copyright agent at 407 West Smith Valley Road, Suite 382, Greenwood, Indiana 46142.
C. Response to DMCA Take-Down Notices. If Building Crews takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Building Crews. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as lumendatabase.org.
D. Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to the Building Crews copyright agent using the contact information set forth above in Section 8-B.
E. Response to DMCA Counter-Notices. If a counter-notice is received by the Building Crews copyright agent, Building Crews may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, User, Member or Service Provider, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
INTELLECTUAL PROPERTY NOTICE
9. Intellectual Property Notice. Building Crews retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
A. No Transfer. Building Crews retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Building Crews or third party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
B. Specifically, Building Crews, BuildingCrews.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Building Crews. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Building Crews, except as an integral part of any authorized copy of the Content.
EMAIL COMMUNICATIONS
10. Email Communications. We use email and electronic means to stay in touch with our Users.
A. Electronic Communications Required. For contractual purposes, you (I) consent to receive communications from Building Crews in an electronic form via the email address you have submitted or via the Service; and (II) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Building Crews provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
B. Legal Notice To Building Crews Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Building Crews or any of our officers, employees, agents, representatives or subcontractors in any situation where notice to Building Crews is required by contract or any law or regulation.
TERMINATION
11. Termination. You may cancel this Agreement and close your account at any time. Termination of the Building Crews Service does not terminate previously agreed upon membership payment obligations.
A. Free Account Termination. If you have a free Membership and wish to terminate this Agreement or your account with the Service, you may simply discontinue using Building Crews. If you wish to delete your User account data, please contact Building Crews at Support@BuildingCrews.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we reserve the right to delete your full profile within 30 days.
B. Paid Account Changes and Termination. If you have a Premium Membership you may change or terminate your Membership subscription by contacting Building Crews at Support@BuildingCrews.com. Changes and cancellation requests must be made a minimum of 72 hours prior to the date you want the changes to take effect. Your account will remain active until your paid subscription period expires. No refunds will be provided for renewals that occur when termination requests are made with less than 72 hours advance notice prior to the date of renewal.
C. Building Crews May Terminate This Agreement. Building Crews may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
D. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
MEMBERSHIP SUBSCRIPTIONS
12. Membership Subscriptions. Site Visitors, in accordance with this agreement, are eligible to enroll in one of several Membership options, as further outlined in this section. Membership subscription selections determine a User’s level of access to Building Crews, our Website and User Profile customization. Some Membership subscriptions are free while others require a fee, to be paid monthly, half-yearly or yearly.
A. Executive Membership. Executive Members are defined as Property, Real Estate, Building, Facility and Construction Managers or Assistant Managers - or any professional actively involved in screening and selecting Commercial Building Service, Materials or Equipment Providers for the purposes of contracting with them for their listed purpose. Executive Membership is free, to those who qualify, but a completed Profile is required and Executive Members are solely responsible for their Profile’s content, representations and accuracy.
B. Basic Listings. Basic Listings are Memberships granting Service Providers the opportunity to post minimal, abbreviated Profiles in the Building Crews Network for free. Service Providers with Basic Listings must follow all of the guidelines set forth in this agreement for Service Providers. Profiles for all Basic Listings must be accurate and complete to be active in the Network. Basic Listing Members are solely responsible for their Profile’s content, representations and accuracy.
C. Premium Membership. Premium Members are Service Providers granted the opportunity to post full, comprehensive Profiles in the Premium Directory of the Building Crews Network for a fee. Premium Service Providers must follow all of the guidelines set forth in this agreement for Service Providers. Premium Profiles must be accurate and complete to be active in the Network. Premium Members are solely responsible for their Profile’s content, representations and accuracy. Premium Memberships may be purchased and paid on a monthly, half-yearly or yearly basis. Membership pricing can be found at https://www.buildingcrews.com/pricing.html.
NO REPRESENTATIONS OF OUTCOME
13. No Representations of Outcome. Building Crews makes no representation, warranty or guarantee of any specific business opportunities or outcomes related to or resulting from the use of our Website or Service.
A. Members Seeking Service Providers. Building Crews makes no representation, warranty or guarantee that Users seeking Service Providers will find any specific Service Providers in our Network, offering any specific discounts, services, materials or equipment for any specific geographic location.
B. Service Provider Profiles. Building Crews makes no representation, warranty or guarantee as to any of the following, without limitation: specific placement of User Profiles in the Primary or Secondary Network Directories, or that User Profiles will generate or contribute to any inquiries, interest, business relationships or transactions.
PAYMENTS AND REFUNDS
14. Payments and Refunds. You agree to be bound by our non-refundable payment policy and have your credit or debit card on file automatically charged, according to the Premium Membership subscription period you’ve selected - Monthly, Half-Yearly or Yearly. All charges will take place in advance of the subscription period and will automatically renew until this agreement is terminated.
A. Premium Membership Subscriptions. By selecting Premium Membership, you are authorizing automatic, recurring payments to Building Crews for Services. Your payments will be processed in accordance with the Membership subscription period you’ve selected - Premium Monthly Membership, Premium Half-Yearly Membership or Premium Yearly Membership, until this agreement is terminated.
B. Subscription and Renewal Periods. After your initial subscription period, of 1 month (Premium Monthly Membership), 6 months (Premium Half-Yearly Membership) or 1 year (Premium Yearly Membership), your subscription will automatically renew - and your payments will automatically be processed - for an equivalent period of time, on an ongoing and continual basis, until this agreement is terminated. By selecting Premium Membership, you authorize the initial subscription payment and all subsequent ongoing renewal payments which will automatically be charged in advance, using your credit or debit card on file, until this agreement is terminated.
C. Premium Membership Pricing. Building Crews will provide you with at least 30 days advance notice before fee changes take effect. All fee changes will be updated in our Terms of Use and an email notification will be sent to the primary account email address for every Membership impacted by the fee change. You are responsible for maintaining a valid email address on file. Our current premium membership fees can be found at https://www.buildingcrews.com/sign-up-for-premium-service-pros.html#join.
D. Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. By selecting Premium Membership, you authorize Building Crews to charge your credit or debit card on file immediately upon initial enrollment and again at the beginning of every renewal period. If, for any reason, your supplied payment method fails to process successfully, you agree that Building Crews may immediately suspend or terminate your Membership and/or continue to attempt to charge your credit or debit card until payment is received.
E. Payment Authorization. By enrolling as a Premium Member, you agree to these terms and you are giving Building Crews permission to charge your credit or debit card on file. By placing your credit or debit card on file with Building Crews or our third party payment processor, Stripe, you acknowledge and agree that all payment terms set forth in this Section 14 shall apply. This agreement is valid if executed by any of the following, current or former, and without limitation: any owner, executive, officer, employee, agent, subcontractor, representative or entity of the Member.
F. No Refunds. Payments processed for Premium Memberships are non-refundable.
DISPUTE RESOLUTION PROCEDURES
15. Dispute Resolution Procedures.
A. You are Responsible for Legal Expenses. If Building Crews takes legal action to enforce this agreement; you will be liable for all of the costs associated with legal counsel and representation, court costs and any associated damages resulting from your failure to comply with this agreement.
B. Governing Law. This Agreement between you and Building Crews and any access to or use of the Website or Service are governed by the federal laws of the United States of America and the laws of the State of Indiana, without regard to conflict of law provisions. You and Building Crews agree to submit to the exclusive jurisdiction and venue of the courts located in Johnson County, Indiana, for litigation of any claim by either party arising under this Agreement. You agree to irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of this sole and exclusive jurisdiction of Johnson County, Indiana.
DISCLAIMER OF WARRANTIES
16. Disclaimer of Warranties. We provide our Service as-is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.
A. Building Crews provides the Website and the Service “as-is,” without warranty of any kind. Without limiting the foregoing, Building Crews expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation: any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
B. Specifically, Building Crews makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF LIABILITY
17. Limitation of Liability. We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
A. To the extent permitted by applicable law, in no event will Building Crews be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (I) the use, disclosure, or display of your User-Generated Content; (II) your use or inability to use the Service; (III) the Service generally or the software or systems that make the Service available; or (IV) any other interactions with Building Crews or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Building Crews has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Building Crews will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
RELEASE AND INDEMNIFICATION
18. Release and Indemnification.
A. You agree to indemnify and hold harmless Building Crews from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
B. If you have a dispute with one or more Users, you release Building Crews from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
19. Modification of Terms of Use. Building Crews may amend this Agreement from time to time, and in Building Crews sole discretion. We will provide notification to Users of material changes to this Agreement (I) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (II) through our Website at least 30 days prior to the change taking effect by posting a notice on our home page. Non-material changes to this Agreement will take effect immediately. We encourage visitors to frequently check this page for any changes to this Agreement. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
MISCELLANEOUS
20. Miscellaneous. This Agreement is controlled by Indiana law. You, and you alone, are responsible for any obligations you agree to under this contract. If we are involved in a merger or we are bought, we may transfer this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state. These terms, including our Privacy Policy and Cookie Policy, are the complete agreement between us, and no other terms apply.
A. Severability. Should any provision of this Agreement, in whole or in part be or become invalid, impracticable or unenforceable, the validity of the other provisions shall not be affected thereby. In such a case, the invalid, impracticable or unenforceable provision shall be deemed to be replaced by a provision which, to the extent admissible according to the applicable laws, comes closest to the purpose of the invalid, impracticable or unenforceable provision. The same shall apply with respect to any omissions contained in this Agreement. Any failure on the part of Building Crews to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
B. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Building Crews must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
C. Non-Assignability. Building Crews may assign or delegate these Terms of Use and/or the Building Crews Privacy Policy and/or the Building Crews Cookie Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use, Privacy Policy or Cookie Policy without Building Crews prior written consent, and any unauthorized assignment or delegation by you is void.
D. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
E. Complete Agreement. These Terms of Use, together with (I) the Privacy Policy at https://www.BuildingCrews.com/privacy-policy.html, and (II) the Cookie Policy at https://www.iubenda.com/privacy-policy/353060/cookie-policy represent the complete and exclusive statement of the agreement between you and Building Crews. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Building Crews, and without limitations: our employees, agents, affiliates, representatives and subcontractors relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized Building Crews executive, or by the posting by Building Crews of a revised version.
F. Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.
You acknowledge that you have read this Agreement and that you know and understand the meaning and intent of this Agreement. You certify that you are entering into this Agreement knowingly and voluntarily and you agree to abide by these terms. You certify that you understand you are responsible for complying with all of these Terms of Use and are willing to accept the legal and financial consequences, for failing to comply with this Agreement.