We are The Buildout (the “Company,” “we,” “us,” “our”), a company registered in New Jersey, United States, at 10 Worchester Ln, Princeton Junction, NJ 08550. We operate the website thebuildout.com (the “Site”) and related services that link to these Legal Terms (collectively, the “Services”).
You can contact us by email at legal@thebuildout.com or by mail at the address above.
These Legal Terms constitute a legally binding agreement between you and The Buildout concerning your access to and use of the Services. By accessing the Services, you agree to be bound by these Legal Terms. If you do not agree with all of these Legal Terms, you are prohibited from using the Services and must discontinue use immediately.
We reserve the right to modify these Legal Terms at any time. Modified Legal Terms become effective upon posting. Continued use after the effective date constitutes acceptance of the modified terms.
The Services are intended for users who are at least 18 years old.
The Services provide a platform that can be used to design warehouse storage systems. The information provided is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction. Users accessing the Services from other locations are responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA). If your interactions would be subject to such laws, you may not use the Services in that manner.
The Services are not tailored to comply with material handling regulations (e.g., IBC, RMI, NFPA, OSHA). Users are responsible for compliance with such laws.
We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as trademarks, service marks, and logos (the “Marks”). Our Content and Marks are protected by applicable laws and treaties in the United States and worldwide. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.
Subject to these Legal Terms, including the Prohibited Activities section, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of Content to which you have lawful access, solely for your personal, non-commercial use or internal business purpose.
Except as expressly permitted here or elsewhere in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. Permission requests may be sent to legal@thebuildout.com.
We reserve all rights not expressly granted. Any breach of these Intellectual Property Rights is a material breach of these Legal Terms and will immediately terminate your right to use the Services.
If you send us questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree that we own all intellectual property rights in those Submissions and may use and disclose them for any lawful purpose without acknowledgment or compensation.
We respect the intellectual property rights of others. For copyright complaints, see the “Copyright Infringements” section (link in the Table of Contents).
By using the Services, you represent and warrant that:
If information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all activities under your account. We may remove, reclaim, or change a username that we determine (in our sole discretion) to be inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and to promptly update that information (including email, payment method, and card expiration). Prices may change at any time. All payments are in US dollars.
You agree to pay all charges at the prices in effect when you place your order and authorize us to charge your payment method accordingly. We may correct pricing errors even after requesting or receiving payment, and we may limit or cancel orders at our discretion (e.g., multiple orders using the same account, payment method, or billing/shipping address).
Your subscription continues and automatically renews unless canceled. You consent to recurring charges to your payment method until you cancel. Billing cycle length depends on the plan you select.
We offer a 7-day free trial to new users who register. At the end of the trial, your account will be charged according to the selected subscription.
All purchases are non-refundable. You can cancel anytime by logging into your account. Cancellations take effect at the end of the current paid term. Questions? Email legal@thebuildout.com.
We may change subscription fees from time to time and will communicate changes in accordance with applicable law.
You may not access or use the Services for any purpose other than those we make available.
As a user of the Services, you agree not to, for example:
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting to law enforcement; (3) refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and to facilitate proper functioning.
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from another region with different laws or requirements governing personal data, then through your continued use of the Services, you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. You may be liable for damages if you make material misrepresentations in a Notification. If unsure, consider contacting an attorney.
These Legal Terms remain in full force while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of the third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion without notice, and have no obligation to update any information. We will not be liable for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience problems or need to perform maintenance, resulting in interruptions, delays, or errors. We have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing obligates us to maintain and support the Services or to supply corrections, updates, or releases.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute,” collectively, the “Disputes”) brought by either you or us (individually, a “Party,” collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), available at the American Arbitration Association (AAA) website. Fees and arbitrator compensation are governed by the AAA Consumer Rules. The arbitration may be conducted in person, through documents, by phone, or online. The arbitrator will issue a written decision; reasons are required only if requested. The arbitrator must follow applicable law; awards may be challenged if they do not. Except where otherwise required by AAA rules or applicable law, the arbitration will take place in United States of America, Delaware. The Parties may litigate in court to compel arbitration, stay proceedings, or to confirm, modify, vacate, or enter judgment on the award.
If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in United States of America, Delaware, and the Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens as to venue and jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods and UCITA are excluded.
In no event shall any Dispute related to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion; such Dispute shall be decided by a court of competent jurisdiction within the courts listed above.
Any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If this provision is found illegal or unenforceable, then neither Party will elect to arbitrate such Disputes; they shall be decided by a court of competent jurisdiction within the courts listed above.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. We have no liability to you for any loss or corruption of such data, and you waive any right of action arising from any such loss or corruption.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under laws requiring an original signature or non-electronic records, or payments/granting of credit by non-electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms or use of the Services. These Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
The Buildout
8. Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (“Third-Party Accounts”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted under the terms that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of any terms and without obligating us to pay any fees or be subject to any usage limitations imposed by the third-party provider.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is available on and through the Services via your account, including friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account. Depending on the Third-Party Accounts you choose and subject to your privacy settings, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
If a Third-Party Account or associated service becomes unavailable or our access is terminated by the provider, then Social Network Content may no longer be available on and through the Services. You can disable the connection between your Services account and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDERS. We make no effort to review Social Network Content and are not responsible for it. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your device solely to identify and inform you of contacts who have also registered to use the Services. You can deactivate the connection via the contact information below or your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such Third-Party Account, except the username and profile picture associated with your account.