BUILDER BID TERMS AND CONDITIONS

Welcome to BuilderBid.com

These are the terms and conditions for the web application at https://BuilderBid.com

“Builder Bid” is owned and operated by Builder Bid Software LLC of Little Rock, AR (USA)

By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to the Builder Bid app, “we”, “us”, “our” and “Builder Bid” refer to Builder Bid and “you” and “user” refer to you, the Builder Bid user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Builder Bid accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES OR PRODUCTS FROM THE PLATFORM.

1. Acceptance of Terms

This agreement sets forth legally binding terms for your use of Builder Bid. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use Builder Bid after any such modification is posted; it is therefore important that you review this agreement regularly.

The services are not directed to persons under the age of 13. Builder Bid does not knowingly collect information from persons under the age of 13. If you are under the age of 13, please do not submit any personal information about yourself to Builder Bid unless you have proper authorization from a parent or appropriate legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to this terms. Accordingly, all references in this terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Builder Bid may, in its sole discretion, refuse to offer the services to any user and change its

eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. Account

If you register on Builder Bid, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Builder Bid of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Builder Bid. Builder Bid will not be liable for any loss or damage arising from your failure to comply with this agreement.

Users may cancel their account renewals at any time and for any reason by following the instructions on the platform or by sending this request to our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Builder Bid.

Builder Bid reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Builder Bid believes that you have breached any of these terms, furnished Builder Bid with false or misleading information, or interfered with use of the platform or the service by others.

3. Plans

Builder Bid offers monthly and annual subscription plans. Users will be able to access a free trial of the software for a period of time. Once the free period expires, the user will be able to upgrade to a paid plan. Users may discontinue use at any time during the free trial before upgrading to a paid plan.

Builder Bid may cancel the sale of any plan and may change or discontinue the availability of plans at any time at its sole discretion. If a plan purchase is cancelled, the payment made for the plan will be refunded in the applicable billing period. This does not affect your statutory rights.

Plans include automatic recurring payments. Unless it is the free plan, plans will be billed monthly or annually. You authorize Builder Bid to renew your plan and to charge you

periodically and progressively on each billing date. The plan billing date is the date on which you purchase the plan and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding plan fee. The plan will remain active until you cancel it or we terminate it. You must cancel your plan before it renews to avoid the next billing period. We will bill you for the plan billing fee in the payment method you choose during registration and plan purchase.

Plans will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel plans, users can cancel automatic renewal at any time through their Account Settings page. If a plan is cancelled, the user may continue to use the platform payment features for the plan until the next billing period, at which time the plan and access to the platform payment features will be cancelled.

4. Notifications and Newsletter

By providing Builder Bid with your email address and/or phone number, you agree that we may contact you and that we may use your email address and phone number to send you notices about Builder Bid. This includes new feature updates, training and onboarding help, or other marketing materials. We may also use your email address and phone number to send you notifications, SMS messages and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.

5. Payments

Plans can be paid through Braintree (payment processor available on the platform). The plan payment will be charged to your credit/debit card immediately after completing the plan payment process. The plan will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user’s email address.

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the plans. Builder Bid reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the plans.

Builder Bid reserves the right to determine the price of plans or services and to change the price of services at any time with prior notice.

6. Refunds

Please note that the purchase of plans is final and non-refundable. Users may cancel plans at any time through their account settings before they renew and the plan will be cancelled for the next billing period, but no refunds will be issued.

Builder Bid may issue refunds in certain special circumstances. Requests for refunds for special circumstances will be considered on a case-by-case basis. Approval of refunds in certain special circumstances will be the sole and exclusive decision of Builder Bid. Builder Bid may decide whether to make a full or partial (pro-rated) refund on a case-by-case basis. If the refund is approved, it will be made via the original method of payment.

7. Disclaimer

Through the use of the platform users will be able to draft and sign documents through electronic signatures. Please note that the documents created, signed or executed through the platform are the sole and exclusive responsibility of the users. Builder Bid does not participate or become a party to the contracts signed and executed through the platform by the users. Builder Bid is limited solely and exclusively to providing the platform where users may draft, sign and execute contracts or documents without Builder Bid becoming a party to the negotiations or obligations contained in such contracts. Contracts are signed and executed exclusively between the users.

Please note that Builder Bid will not be responsible for the accuracy of the figures or measurements of the quotations prepared by our users through the platform. Builder Bid shall not be responsible for the accuracy of any data, figures or measurements contained in any document that users may produce through the platform.

Builder Bid will not be liable if for any reason or reason beyond Builder Bid’s control, user data such as bid requests, plan metrics or budget data that users may accumulate or store within the platform is lost or corrupted.

By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that Builder Bid does not guarantee any results, benefits or failures as a result of using our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the content available on the platform will be the result of your own efforts, your particular situation and a number of other circumstances beyond Builder Bid’s control.

8. Third-Party Materials

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

9. Advertising

Through the platform, Builder Bid may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Builder Bid does not endorse, guarantee or commit its responsibility for the services and / or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.

10. License to Use the Platform

Builder Bid gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (platform) provided to you by Builder Bid as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Builder Bid, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Builder Bid platform or third parties.

Builder Bid reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Builder Bid believes that you have violated any of these terms or interfered with the use of the platform or service by others.

11. Copyright

All materials on Builder Bid, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Builder Bid or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Builder Bid are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Builder Bid prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Builder Bid or any part of the material for any purpose other than its intended purposes is strictly prohibited.

12. Copyright Infringement (Digital Millennium Copyright Act)

Builder Bid will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. Builder Bid respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Builder Bid can find it on the platform.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

13. User Content

Some features of the platform may allow users to provide content, documents and information. The user retains copyright or any rights they may have in the content or documents they provide or may create through the platform. Builder Bid is not responsible for the accuracy, safety or legality of content provided or created by users on the platform. The User is solely and exclusively responsible for its content and documents that it may provide or create through the Platform. By providing content and information through the platform, the user grants Builder Bid a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the user content for the sole purpose of providing the functionalities available on the platform.

14. User Content Representations and Warranties

Builder Bid disclaims all liability in connection with user content. The user is solely responsible for the content and the consequences of providing content through the service. By providing user content through the service, you affirm, represent and warrant that

a) You are the creator and owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to use such content or information through the platform.

b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Builder Bid to violate any law or regulation.

c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.

15. User Content Disclaimer

Builder Bid may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Builder Bid reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Builder Bid decides to monitor content, Builder Bid continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.

16. Personal Data

Any personal information you submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.

17. Prohibited Activities

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Builder Bid or licensed to the Builder Bid by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

  • Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Builder Bid.
  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Builder Bid in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.

18. Disclaimer of Warranties

Builder Bid will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Builder Bid provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Builder Bid for any loss or damage caused as a result.

Builder Bid will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Builder Bid excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Builder Bid and Builder Bid shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Builder Bid.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

19. Electronic Communications

No responsibility will be accepted by Builder Bid for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

20. Third Parties

Through your use of the platform and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Builder Bid provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Builder Bid are in no way responsible or liable for any such third-party sites.

21. Indemnification

You agree to defend and indemnify Builder Bid from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the Builder Bid platform.

22. Changes and Termination

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

23. Assignment

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Builder Bid without restriction.

24. Integration Clause

This agreement together with the privacy policy and any other legal notices published by Builder Bid, shall constitute the entire agreement between you and Builder Bid concerning and governs your use of the platform.

25. Disputes

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Builder Bid, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Builder Bid may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of the United States, specifically the courts located in the state of Arkansas, shall have jurisdiction over any dispute, controversy or claim relating to Builder Bid and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the state of Arkansas.

26. Final Provisions

Although our services and platform are available internationally (North America, Europe, New Zealand and Australia), these terms and conditions are governed by the laws of the United States. Use of the Builder Bid platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

27. Contact Information

If you have questions or concerns about these terms, please contact us via the contact information listed below:

Builder Bid Software LLC

Located in Little Rock, Arkansas

Email: [email protected]

Phone: 501-777-8279