IMPORTANT-READ CAREFULLY
This Builders Exchange of Rochester End-User Agreement ("EUA") is a legal agreement between you (either an individual or a single entity) and Builders Exchange of Rochester for the Builders Exchange services identified below, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Construction Reporting Service"). By using the Construction Reporting Service as permitted under the EUA, you agree to be bound by the terms of this EUA. If you do not agree to the terms of this EUA, do not use the Construction Reporting Service.
Use of this service constitutes agreement to abide by the rules and regulations of the system, as promulgated by the webmaster from time to time, including acceptance of the following terms and conditions:
The Construction Reporting Service contains information about plans, bidders and other matters that may be of interest to members of the Builders Exchange of Rochester. Information reported in the project files is based on a review of the specifications, no plans have been reviewed. Efforts have been made to assure the accuracy of the information reported, but the Builders Exchange of Rochester offers no warranty, expressed of implied, that any of the reported information is accurate. The best source of information for project files are the actual plans and specifications maintained at the Builders Exchange of Rochester.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUILDERS EXCHANGE OF ROCHESTER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES OF ANY KIND OR NATURE, AND ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Users of the Site ("Users") may access, download, reproduce and transmit data available on the Site, and otherwise use the Site, solely for personal use, including internal use in your business. You may not use the data available on the Site to formulate printed or electronic products or services or information for redistribution or sale, to compile mass mailing lists or otherwise to compete with any of Builders Exchange of Rochester's products or services in a field of providing data to architects, engineers, contractors, product suppliers or others involved in any way to the construction industry. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from Builders Exchange of Rochester is strictly prohibited. Without limitation of the foregoing, use of webcrawlers, bots, agents, scrapers or other electronic means or devices to access the Site and copy or "scrape" data contained thereon is strictly prohibited. Any unauthorized use of this Site or its data may be pursued to the full extent of federal and state law. Potential infringers should be aware that this Site is regularly monitored for unauthorized use. If Builders Exchange of Rochester believes you are using the Site or its content for purposes it consider inappropriate, Builders Exchange of Rochester may deny you access to the Site, in addition to any other legal remedies it may have.
The Builders Exchange of Rochester will not be liable for any losses, including lost data, information, profits or any other incidents of consequential damages that may be sustained or arise out of the use, operation or ability to use or operate the Construction Reporting Service. In consideration for the privilege of using the Construction Reporting Service, users hereby release the Builders Exchange of Rochester, Inc., its officers, employees, and the webmaster from any and all claims arising from the use of this system.
The information on the Construction Reporting Service is provided for the use of Builders Exchange of Rochester members, replication is prohibited.
The Builders Exchange of Rochester reserves the right to control or limit access to the Construction Reporting Service. Access may be denied at any time for any reason. Access will be denied to any individual or company who makes use of the Construction Reporting Service for improper purposes. Access will be denied to anyone who uses obscene, abrasive or otherwise questionable language on this system.
The Builders Exchange of Rochester reserves the right to monitor all information stored in any files programs or messages as well as the right to delete or edit any file, program or message that contains, in the sole discretion of the Builders Exchange of Rochester, any obscene, abrasive or otherwise objectionable language or material.
Builders Exchange of Rochester may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. Builders Exchange of Rochester reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications. The Builders Exchange of Rochester may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
The United States Copyright laws prohibit the distribution or copying of copyright materials without proper authorization. The Builders Exchange of Rochester will not tolerate any use of the Construction Reporting Service which in any way violates the United States Copyright laws. Users must report to the Builders Exchange of Rochester editor any use of the Construction Reporting Service which may amount to a copyright infringement. If in its sole discretion, the Exchange determines that any information has been loaded onto the Construction Reporting Service in violation of the Copyright laws, the Builders Exchange of Rochester will delete that information. Any user who, without authorization, loads copyrighted information on the Virtual Planroom shall indemnify and hold the Builders Exchange of Rochester harmless from any and all resulting claims and liability.