Terms and Conditions of www.bldup.com - TermsFeed

Last updated: February 21, 2023

Valid starting: March 21, 2023

This BLDUP Terms and Conditions/User Agreement (“Agreement) is a binding agreement entered into on the date upon which you click “I Agree” after reading the terms below (the “Effective Date), and is between you or, as appropriate, your organization (“End Useror “you) and BLDUP, Inc. (“BLDUP). This Agreement governs your access to and use of BLDUP’s platform that makes available information about real estate development data, real estate projects, owners, contractors, architects and other project participants and design and construction business lead development and management tools for use in networking and learning the data underlying real estate development, design and construction business flow (collectively the “Services) and the BLDUP online Services platform that enables and facilitates the Services and any supporting mobile application (the BLDUP platform and any app, including all related documentation, are referred to herein collectively as the “Application). The Application is licensed, not sold, to you. 

By using the Application and the Services, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 18 years of age or older and have authority to legally bind your organization; and (c) accept this Agreement and agree that you and your organization are legally bound by its terms.  If you do not agree to these terms, you may not register to use the Services or access or use the Application.

1.  Registration/Collection and Use of Your Information.  You will be required to register to use the Services, and in the course of doing so you will submit information about you and your organization for purposes of creating a user profile.  By submitting information that identifies you or others directly or indirectly, you agree to BLDUP’s use of that information as described in the BLDUP Privacy Policy the terms of which are incorporated by reference into this Agreement.  You acknowledge that when you download, install, or use the Application, BLDUP may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Application. By downloading, installing, using, and providing information to or through the Application, you consent to all actions taken by BLDUP with respect to your information and User Content (as defined below) in compliance with the Privacy Policy.  

2.  Username/Password Protection.  You also will be required to choose a username and password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Application. You authorize BLDUP to assume that any person using the Application with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of your account.  

3.  Your Responsibilities.  

(a)  You have and will retain sole control of all access to and use of the Application by any individual using your Application logon credentials, including any: (i) information, instructions, or materials posted by or provided by any individual within the Application; (ii) results obtained from any use of the Application; and (iii) conclusions, decisions, or actions based on such use.

(b)  You have and will retain sole responsibility for: (a) all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from you, or from any individual using the Application under your logon credentials, by or through the Application or that incorporates or is derived from the storage, compilation or management of such information, data, or content by or through the Application; (b) all information, instructions, and materials provided by or on behalf of you or by any individual using the Application under your logon credentials; (c) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services; (d) the security and use of your Application access credentials; and (e) all access to and use of the Services and the Application directly or indirectly by you or any individual using the Application under your logon credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

4.  Fees and Payment.  

(a)  Fees are outlined in your Bldup quote or are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly, quarterly, bi-annual or annual basis, depending on the type of subscription plan you agreed to when purchasing a Subscription.

Fee Changes - BLDUP, Inc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

BLDUP, Inc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds: Except when required by law, paid Subscription fees are non-refundable.

(b)  Taxes. All Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on BLDUP’s income.

(c)  You shall pay all Fees on or prior to the renewal due date 

(d)  Late Payment. If you fail to make any payment when due then, in addition to all other remedies that may be available:

(i)  BLDUP may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law;

(ii)  You shall reimburse BLDUP for all costs incurred by BLDUP in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and

(iii)  If such failure continues for ninety (90) days following written notice thereof, BLDUP may suspend access to the Application and/or performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to you or any other party by reason of such suspension. 

(e)  Fee Increases. BLDUP may increase the Fees one year from the Effective Date and on any subsequent Effective Date anniversary by providing written notice to you at least sixty (60) calendar days prior to the Effective Date anniversary date upon which the increased Fees would take effect, and Exhibit A will be deemed amended accordingly. 

5.  Independent Contractor Relationship.  BLDUP is an independent contractor of you, and this Agreement shall not be construed to create any association, partnership, joint venture, employee or agency relationship between BLDUP and you for any purpose. BLDUP has no authority (and shall not hold itself out as having authority) to bind you and BLDUP shall not make any agreements or representations on your behalf without your prior written consent. 

6.  User Content.  

(a) The Application and the Services allow you to submit to BLDUP for review and approval content to, upload, publish or otherwise make available to BLDUP through the Services text authored by you or others and data arranged and compiled by you or others (“User Content”).  Any User Content provided by you remains your property, or the property of others where applicable.  However, by posting User Content within the Application and submitting the User Content to BLDUP, you grant BLDUP a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to use, edit, copy and distribute (solely at Your direction) such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and BLDUP’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

(b) You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant BLDUP the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor BLDUP’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) The Services and the Application are intended to manage and organize the User Content and enable the efficient distribution and use of the User Content that you submit.  BLDUP will exert commercially reasonable efforts to carry out the Services in an error-free manner.  You understand that BLDUP does not warrant accuracy or a lack of data processing errors.  Furthermore, you agree to engage in validation review of the User Content as it appears in the Application to independently ensure the integrity and usability of the User Content, and to inform BLDUP of any errors, inconsistencies or issues that should be addressed.  

7.  Prohibited Uses of Application.  

(a) You agree not to access (or attempt to access) the Application by any means other than through the website platform or any mobile app interface that is provided by BLDUP.  You agree that you will not copy or scrape, through manual or automated means, any data from the Application apart from your use of the data needed by or useful to you for your individual or organization’s use consistent with the intended use of the Application.  You agree that you will not engage in any activity that interferes with or disrupts the Application (or the servers and networks which are connected to the Application). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Application for any purpose. You agree that you are solely responsible for (and that BLDUP has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which BLDUP may suffer) of any such breach.

(b) You agree that you shall not transmit to BLDUP or upload to or through the Application (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Application for your own commercial gain. “Harmful Codeshall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. 

(c) Without limiting the foregoing and by way of example only, users may not:

  1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

  1. sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;

  2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

  3. sending messages to users who have asked not to be contacted;

  4. selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and

  5. using BLDUP contacts in violation of BLDUP policy, as determined by BLDUP, including, for example, as indicated by low response rates from those persons contacted.

  1. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.

  2. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

  3. Conduct or forward pyramid schemes or similar programs.

  4. Transmit content that may be harmful to minors.

  5. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

  6. Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.

  7. Violate the legal rights (such as rights of privacy and publicity) of others.

  8. Promote or encourage illegal activity.

  9. Interfere with other BLDUP users’ enjoyment of the Application.

  10. Create user accounts by automated means or under false or fraudulent pretenses.

  11. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any BLDUP account.

  12. Modify, adapt, translate, or reverse engineer any portion of the Application.

  13. Reformat or frame any portion of the web pages that are part of the Application without BLDUP’s explicit written permission.

  14. Contact other BLDUP users about multi-level marketing (MLM) programs or any topics BLDUP considers detrimental to its users.

  15. Create multiple BLDUP accounts without permission.

  16. Bypass any limitations or suspensions of functionality.

  17. Provide false information.

8.  License Grant. Subject to the terms of this Agreement, BLDUP grants to you or, as applicable, your organization, and its employees, consultants, contractors, and agents who are authorized by your organization to access and use the Application and Services, a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Application for the Term strictly in accordance with the Application’s documentation and solely for use of the Services.  For the avoidance of doubt, this license does not entitle you to distribute or re-sell the Application or any data accessed through the Application.  

9.  License Restrictions. You shall not:

  (a)  copy the Application, except as expressly permitted by this Agreement;

(b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

     (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

 

     (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

 

     (e)  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, the data accessed through the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

 

     (f)  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

  

10.  Reservation of Rights. The Application and its entire contents (other than materials you submit), features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BLDUP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or the data accessible through the Application under this Agreement, nor do you acquire any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and in accordance with the Application’s documentation.  BLDUP reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.



You or a third party own all content that you or any individual using the Application under your logon credentials submit to the Application, and BLDUP disclaims ownership of or responsibility for such content.  You hereby irrevocably grant all rights and permissions in or relating to such content as is necessary or useful to BLDUP to enforce this Agreement and exercise BLDUP’s rights and perform BLDUP’s obligations hereunder.

 

11.  Updates. BLDUP may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates). Updates may also modify or delete in their entirety certain features and functionality. You agree that BLDUP has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. If you access the Services via a mobile application, and depending upon your mobile device settings, when your mobile device is connected to the internet either:

 

    (a)  the Application will automatically download and install all available Updates; or

 

    (b)  you may receive notice of or be prompted to download and install available Updates.

 

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

 

12.  Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials). You acknowledge and agree that BLDUP is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BLDUP does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.



13. Confidentiality.  



(a)  Where BLDUP accesses or interacts with the User Content (e.g., to implement the Services or for technical troubleshooting purposes), BLDUP shall not do so other than as is necessary to exercise its rights or perform its obligations.



(b)  Compelled Disclosures. If BLDUP is compelled by an applicable law to disclose any User Content or information within any User Content, to the extent permitted by that applicable law, the BLDUP shall: (i) promptly, and prior to such disclosure, notify you in writing of such requirement so that the you can seek a protective order or other remedy, and (ii) provide reasonable assistance to the you in opposing such disclosure or seeking a protective order or other limitations on disclosure.  If BLDUP remains required by applicable law to disclose any User Content or information within any User Content, the BLDUP shall disclose only that portion of the User Content or information within any User Content that BLDUP is legally required to disclose.

 

14.  Representations and Warranties.



You represent and warrant that:



(a)  you are in compliance with all laws applicable to your use of the Application and Services;



(b)  you own or otherwise have and will have the necessary rights and consents in and relating to all content that you or any individual using the Application under your logon credentials submit to the Application so that, as received by BLDUP and stored and shared within the Application, such content does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy right or other rights of any third party or violate any applicable law;

 

(c) you have the right and authority to enter into this Agreement;

(d) your entering into this Agreement with BLDUP and your performance of your obligations under the Agreement do not and will not conflict with or result in any breach or default under any other agreement to which you are subject; and

 

(e) that you will not use the Application in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.



15.  Term and Termination.

 

     (a)  The term of Agreement commences on the Effective Date and will continue in effect until terminated by you as set forth below in Section 15(b) or by BLDUP as set forth below in Section 15(c).

 

     (b)  You may terminate this Agreement by ceasing to use the Application and, if you have downloaded the Application in mobile app form, deleting the Application and any copies thereof from your mobile device.

 

     (c)  BLDUP may terminate this Agreement at any time without notice if it ceases to support the Application, which BLDUP may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically, and BLDUP reserves the right to disable your or any individual’s access to the Application, without any notice if you violate any of the terms and conditions of this Agreement.  This Section 15(c) does not limit any of BLDUP’s other rights or remedies, whether at law, in equity, or under this Agreement. 

 

     (d)  Upon termination:

 

(i)  all rights granted to you under this Agreement will also terminate; and



(ii)  you must cease all use of the Application and, if applicable, delete all copies of the Application from your mobile device and account.

 

     (e)  Termination will not limit any of BLDUP’s rights or remedies at law or in equity.  Moreover, upon termination or expiration of this Agreement Sections 1, 3, 4, 5, 6, 9, 10, 12, 13, 14, 15(d), 15(e), 16, 17, 18, 19, 20, 21, 22, 23 and 24, and any other provision of this Agreement that by its terms would be expected to survive termination or expiration of this Agreement will survive termination or expiration of this Agreement. 

 

16.  Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BLDUP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BLDUP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO IT COULD BE THAT SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO YOU. 

 

17.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLDUP OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

 

    (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

 

     (b)  IN THE CASE OF ENTERPRISE LICENSES, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BLDUP FOR USE OF THE APPLICATION DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO YOUR PROVIDING NOTICE OF A CLAIM (DEFINED IN SECTION 18 BELOW).



(c)  IN THE CASE OF ONE-TIME USE LICENSES, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BLDUP FOR USE OF THE APPLICATION DURING THE ONE (1) YEAR PERIOD PRIOR TO THE EVENT THAT GIVES RISE TO YOUR CLAIM OF LIABILITY ON BLDUP’S PART.

 

BLDUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE OF PERFORMANCE CAUSED IN WHOLE OR IN PART BY YOUR DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT.  THE APPLICATION AND SERVICES DO NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES. BLDUP HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.



THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BLDUP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

18.  Indemnification. You agree to indemnify, defend, and hold harmless BLDUP and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees (collectively “Claims), arising from or relating to your use or misuse of the Application or Services or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

 

19.  Geographic Restrictions.  BLDUP makes no claims that the Application, any of its content, or the Services are accessible or lawful outside of the United States. Access to the Application and use of the Services might not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  Furthermore, by agreeing to the terms of this Agreement you consent to the processing of your personal data in the United States. 

20.  Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.

 

21.  Governing Law & Venue. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively either in federal court in the United States District Court for Massachusetts in Boston or in the courts of the Commonwealth of Massachusetts in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

 

22.  Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

23.  Entire Agreement. This Agreement, our Privacy Policy and any other terms that you are presented with while navigating the Application and engaging in transactions through the Application constitute the entire agreement between you and BLDUP with respect to the Application and Services, and supersede all prior or contemporaneous understandings and agreements outside of this Agreement or outside of the Application, whether written or oral, with respect to the Application and Services.

 

24.  Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Welcome! You have arrived at www.bldup.com, which is owned and operated by BLDUP, Inc. (“BLDUP”).  Throughout this Privacy Policy the words “we”, “us” and “our” refer to BLDUP, and the words “you” and “your” refer to the user visiting the www.bldup.com or the BLDUP platform that can be accessed through the Site (the website and platform are collectively referred to below as the “Site).  This Privacy Policy applies to information that we collect at the Site (including any mobile version) and our handling of such information.  This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the Site (unless otherwise stated below).  Please review the User Agreement, which governs your use of the Site, BLDUP’s online platform, and any supporting mobile application (the BLDUP platform and any app, including all related documentation, are referred to herein collectively as the “Application). 

By accessing and using our Site and the Application, you consent to our Privacy Policy, our Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.   

1. What Information Does the Site Collect?  

  1. Information You Provide to Us

Personal Information.  We may ask you to provide us with, or you might submit via the Site, personally identifiable information, which is information that identifies an individual personally, such as one’s first and last name, telephone number and e-mail address (“Personal Information).  We may collect this Personal Information through various forms and in various places on the Site, including account registration forms, “contact us forms”, or when you otherwise upload data to and interact with the Site. 

(b) Information Collected or Stored As You Access and Use the Site 

In addition to any Personal Information or other information that you choose to submit to us via the Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Site (“Usage Information).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device) whenever you visit or interact with our Site.  To the extent we associate Usage Information with Personal Information we collect directly from you on the Site, we will treat it as Personal Information.  

This Usage Information may include:

  • your IP address, UDID or other unique identifier (“Device Identifier).  A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier;

  • your Device functionality (including browser, operating system, hardware, mobile network information);

  • the URL that referred you to our Site;

  • the areas within our Site that you visit and your activities there, including remembering you and your preferences;

  • your Device location;

  • your Device characteristics; and

  • certain other Device data, including the time of day, among other information.  

Tracking Technologies.  We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies).  Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies.  A cookie is a data file placed on a Device when it is used to visit the Site.  A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device.  HTML5 cookies can be programmed through HTML5 local storage.

Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs”or “clear GIFs”) may be included in our Site’s pages and messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.  

Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.  The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.  

Browser Fingerprinting.  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.  

ETag, or Entity Tag.  A feature of the cache in browsers.  It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and different ETag is assigned.  Used in this manner ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.  

Recognition Technologies.  Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).

Tracking Technologies Usage.  We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Site, including cookies required to prevent fraudulent activity and improve security.  

Performance-Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site.  

Functionality-Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Site, including identifying you when you sign-in to our Site or keeping track of our specified preferences, including in terms of the presentation of content on our Site.  

Targeting-Related.  We may use Tracking Technologies to deliver content relevant to your interests on our Site and third-party sites based on how you interact with our content.  This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you. 

Tracking Technologies Choices and Consent.

We obtain your consent to our information storage or collection Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above.  Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.

We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.

Third Party Tracking and “Do Not Track.”

There may be other Tracking Technologies now and later devised and used by us in connection with the Site.  Further, third parties may use Tracking Technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party websites or online services.  We may not control those Tracking Technologies and we are not responsible for them.  However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Site and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.  Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals).  Currently, we do not monitor or take any action with respect to these signals or other mechanisms. 

 (c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect directly from you on the Site with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.  To the extent we combine information we receive from those sources with your Personal Information we collect on the Site, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise.  In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.  

 (d) Interactions with Third-Party Sites 

The Site may include functionality that allows certain kinds of interactions between the Site and a third-party website or application.  The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us.  For example, when you register with the Site, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Site, or otherwise link accounts.  If we offer and you choose to use this functionality to access or use our Site, the third-party site or application may send Personal Information about you to us.  If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Site. In addition, we may provide third-party sites’ interfaces or links on the Site to facilitate your sending a communication from the Site.  For example, we may use third parties to facilitate emails, tweets or Facebook postings.  These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy.  BLDUP may not control or have access to your communications through these third parties.  Further, when you use third-party websites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on our Site.]

2. How Do We Use the Information Collected?

Generally.  We may use your Personal Information or Usage Information that we collect about you:  (1) to provide you with information or services or to process transactions that you have requested or agreed to receive, including for job opportunity consideration as a result of an online employment application or for providing general information about BLDUP’s services in response to a request submitted online; (2) to provide you with information via email about new BLDUP product or service offerings on an ongoing basis, unless you opt out of receiving such emails; (3) to enable you to participate in a variety of the Site’s features; (4) to send promotional or marketing emails to you on behalf of the other businesses or organizations; (5) to process your account inquiry, including verifying your information is active and valid; (6) to improve the Site or the BLDUP platform, to create new service offerings, to customize your experience on the Site, or to serve you specific content that is most relevant to you; (7) to contact you with regard to your use of any of the Site or the BLDUP platform and, in our discretion, changes to the Site and/or any of the Site’s policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. 

Contact Us.  Please note that information submitted to the Site via a “contact us” or other similar customer inquiry function may not receive a response.  

3. How and When Do We Share Information with Third Parties?

We may share Personal Information with third parties for direct marketing purposes.  We may, however, share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties.  We may share the information we have collected, including Personal Information, as disclosed at the time you provide the information and as described below or otherwise in this Privacy Policy.  BLDUP may also disclose Personal Information as follows:

(a) When You Request Information From or Provide Information to Third Parties.  You may be presented with an option on our Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it.  If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.  

(b) Third Parties Providing Sites on Our Behalf.  We may use third-party vendors to perform certain services on behalf of us or the Site, such as hosting the Site, designing and/or operating the Site’s features, tracking the Site’s activities and analytics, and enabling us to send you special offers or perform other administrative services.  We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us.  Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to Personal Information.  We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.   

(c) To Protect the Rights of BLDUP and Others.  To the fullest extent permitted by applicable law, we may also disclose Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of BLDUP or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, the User Agreement or other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).  To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.   

(d) Affiliates and Business Transfer.  We may share Personal Information with our parent, subsidiaries and affiliates.  We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.  

4. Does Third-Party Content or Links To Third-Party Sites Appear on the Site?

The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you.  In addition, when you are on the Site you may be directed to other services that are operated and controlled by third parties that we do not control.  We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others.  For example, if you “click” on a link, the “click” may take you off the Site onto a different site.  These other sites may associate their Tracking Technologies with you, independently collect data about you or others, including Personal Information, and may or may not have their own published privacy policies.  We encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.  

5. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration.  The Site may allow you to review, correct or update Personal Information you have provided through the Site’s registration forms or otherwise, and you may provide registration updates and changes by contacting us.  If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).  Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Site, information that you remove may persist internally for BLDUP’s administrative purposes.  You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your Site account and changing your communication preferences.  This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited.  Please note that we reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.  If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways: Postal Mail: Attention: Privacy Officer, BLDUP, Inc., 399 Boylston Street, 6th flr, Boston, MA, 02116; By e-mail: info@BLDUP.com.  

6. What About Transfer of Information to the United States?

Our Site is operated in the United States.  If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.  

7. What Should Parents Know About Children?

We understand the importance of protecting children’s privacy in the interactive world.  We do not use the Site to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA) without such parental consent.  

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations.  If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at info@BLDUP.com.  

8. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our California Residents Privacy Notice.

9. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure Personal Information.  However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.  

10. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time.  Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use.  However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.  

Last updated: November 29, 2020

Valid through: March 21, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.bldup.com website (the "Service") operated by BLDUP, Inc ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BLDUP, Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BLDUP, Inc customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide BLDUP, Inc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BLDUP, Inc to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, BLDUP, Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

BLDUP, Inc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

BLDUP, Inc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

BLDUP, Inc has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of BLDUP, Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BLDUP, Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BLDUP, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by BLDUP, Inc

BLDUP, Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that BLDUP, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless BLDUP, Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall BLDUP, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BLDUP, Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.