Builder Prime Terms of Service Agreement

(Last Updated: 9/16/2024)

Welcome to Builder Prime!

These Terms of Service (these “Terms of Service” or this “Agreement”) apply to Your access and use of the website located at www.builderprime.com, our products and services (including Builder Prime’s web-based applications, tools, and platforms that You have subscribed to at www.builderprime.com or that we otherwise make available to You, and are developed, operated, and maintained by us (the ”Builder Prime Subscription Service”)), and any other sites or services that are provided by Builder Prime, Inc. (“Builder Prime,” “we,” “our”, or “us”) and link to these Terms of Service (collectively, the “Services”). You agree to be bound by these Terms of Service, regardless of whether or not You register an account with the Services.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICES.

Please contact us at support@builderprime.com with any questions regarding these Terms of Service.

1. Electronic Agreement; Modifications to the Services; Use on Behalf of Others.

a. Electronic Agreement.

These Terms of Service form an electronic contract that sets out the legally binding terms of Your use of the Services. We encourage You to retain a copy of these Terms of Service for Your records. By accessing and/or using the Services (including by creating an account), You accept these Terms of Service and agree to the terms, conditions, and notices contained or referenced herein. Builder Prime reserves the right to change or modify these Terms of Service at any time, in our sole discretion. If we make changes to these Terms of Service, we will provide notice of those changes by posting a notice on the Services and/or by updating the “Last Updated” date above. Your continued use of the Services following the posting of any changes will constitute Your express and binding acceptance of and consent to the revised Terms of Service.

b. Modifications to the Services.

Builder Prime reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Builder Prime shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.

c. Use on Behalf of Others.

For the purposes of these Terms of Service, “You” or “Your” includes yourself, any Subscribing Entity (defined below); any employee, subcontractor, vendor, service provider, client prospect, or client of a Subscribing Entity (collectively, “Clients”); and/or any other third party for whom You create an Account, as that term is defined herein (each, a “Third Party User”). PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY SUBSCRIBING ENTITY, CLIENT, AND/OR THIRD PARTY USER UNDERSTANDS THAT THEY ARE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED THE EXPRESS CONSENT AND AGREEMENT OF ANY SUBSCRIBING ENTITY, CLIENT, AND/OR THIRD PARTY USER TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IN THE EVENT THAT A SUBSCRIBING ENTITY, CLIENT, AND/OR THIRD PARTY USER ALLEGES THAT THEY WERE UNAWARE OF, OR DID NOT CONSENT TO, THESE TERMS OF SERVICE AND/OR THE PRIVACY POLICY, YOU ACKNOWLEDGE AND AGREE THAT BUILDER PRIME WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING THEREFROM, AND THAT YOU WILL INDEMNIFY AND HOLD HARMLESS BUILDER PRIME FROM ANY SUCH DAMAGES IN ACCORDANCE WITH THESE TERMS OF SERVICE.

2. Privacy Policy.

Please read our Privacy Policy for information on how we collect, use, share and otherwise process information from users of the Services. By using the Services, You agree to be bound by the Privacy Policy. If You do not agree with the Privacy Policy, please do not use the Services.

3. Eligibility.

You must be at least eighteen (18) years of age to use the Services. The Services are also not available to any users who have been previously removed or suspended from the Services.

By using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You use the Services on behalf of another person or entity, (a) all references to “You” and “Your” throughout this Agreement will include that person or entity, (b) You represent that You are authorized to accept this Agreement on that person’s or entity’s behalf, and (c) in the event You or the person or entity violates this Agreement, the person or entity agrees to be responsible to us.

4. Availability Outside the U.S. & Canada.

If You access the Services from outside of the United States or Canada, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Services from outside of the United States or Canada, You acknowledge that any information relating to an identified or identifiable individual (“Personal Information”) that You provide will be processed in the United States and other geographies as selected by us in our sole discretion, and You hereby consent to the collection and processing of Your Personal Information in a manner consistent with these Terms of Service and the Privacy Policy.

We make no representation that the Services, the contents thereof, or the specific functionality are appropriate or available for use outside the United States or Canada, or otherwise comply with any laws, rules, and regulations outside of those jurisdictions.

5. Product License.

Builder Prime grants You, subject to Your creation of an Account and compliance with these Terms of Service, a limited, non-exclusive, non-transferable license to download, install and use the mobile application and web-based SaaS offerings (collectively, the “Product”). You may download the Product on a single device (whether mobile or otherwise) to which You have exclusive control. We reserve all rights in and to the Product that are not expressly granted to You under these Terms of Service. You are prohibited from running any version of the Product on a device that is jailbroken, rooted, hacked or otherwise compromised in a manner that would violate the Terms of Service of the relevant operating system provider. You acknowledge and agree that new or updated versions of the Product may include new or updated Terms of Service. Because new or updated versions of the Product may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the Product may expose You to security risks, including without limitation a breach of Your Personal Information.

6. Commercial Use of Services.

If You are using and/or accessing the Services on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), You represent and warrant that:

  • a. You are an authorized representative of the Subscribing Entity, and that You have the authority to bind the Subscribing Entity to these Terms of Service;
  • b. You have read and understand these Terms of Service; and
  • c. You agree to these Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Services include, but are not limited to: (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; (ii) unauthorized framing of or linking to the Services; (iii) sharing or disclosing Your username or password to any third party or permitting any third party to access Your Account; (iv) attempting to impersonate another user or person; (v) using the Services in any fraudulent or misleading manner; (vi) any automated use of the system (e.g., scraping the Services or using automated scripts, spiders, robots, crawlers, harvesting or data mining tools); (vii) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; (viii) and/or using the Services in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Services may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Services is with the permission of Builder Prime, which may be revoked at any time, for any reason, in Builder Prime’s sole discretion.

7. Your Use of the Services

  • a. You must not copy or capture, or attempt to copy or capture, any content from the Services, unless given express permission by Builder Prime.
  • b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Services.
  • c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Services.
  • d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
  • e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent Your activity on the Services, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register Accounts, log in, send messages, post comments, or otherwise to act on Your behalf, particularly where that activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any of those techniques or services to any other users of the Services.
  • f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any content appearing on the Services.
  • g. You must not, and must not permit any third party to, copy or adapt the object code of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Services.
  • You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    • i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Builder Prime’s sole and reasonable discretion;
    • ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    • iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Builder Prime’s sole and reasonable opinion;
    • iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which does or might restrict or inhibit any other user’s use and enjoyment of the Services; or
    • v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  • i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  • j. You must not rent, sell or lease access to the Services, or any content on the Services.
  • k. You must not deliberately impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an Account in the name of another person or company, or sending messages or making comments using the name of another person.
  • l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Builder Prime employee. If Builder Prime determines that any user has threatened, stalked, harassed, or verbally abused any Builder Prime employee or another user of Builder Prime’s Services, Builder Prime reserves the right to immediately suspend access to the Services and/or terminate that user’s Account.
  • m. You must not sell or transfer, or offer to sell or transfer, any Builder Prime Account to any third party without the prior written approval of Builder Prime.
  • n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  • o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Builder Prime; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, a server or Account which You are not authorized to access; attempt to scan or test the vulnerability of Builder Prime’s servers, system or network or attempt to breach Builder Prime’s data security or authentication procedures; attempt to interfere with the Services by any means including, without limitation, hacking Builder Prime’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limiting any other rights or remedies of Builder Prime under these Terms of Service, Builder Prime reserves the right to investigate any situation that appears to involve any of the above, and may report those situations to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any violations.
  • You agree to comply with the above conditions, and acknowledge and agree that Builder Prime has the right, in its sole discretion, to terminate Your Account or take other action as we see fit if You breach, or are reasonably suspected to be in breach, of any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

8. Security.

  • a. Accounts. You are responsible for maintaining the confidentiality of Your account, as well as for any additional accounts or sub-accounts that You create or allow to be created on Your behalf, including, for example, accounts for Your employees or customers (each, an “Account” and collectively, Your “Accounts”). You acknowledge and agree that You are fully responsible for all activities that occur under any of Your Accounts. You agree to (a) immediately notify Builder Prime of any unauthorized use of any of Your Accounts or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Builder Prime will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your Account from a public or shared computer so that others are not able to view or record Your password or Personal Information. If You share Your computer with others, You may wish to consider disabling Your auto-sign in feature if You have it linked to Your Builder Prime Account.
  • b. Your Content. Builder Prime uses reasonable security measures in order to attempt to protect any content or information that You upload, including without limitation any information (including Personal Information), materials, photographs/images, videos, or intellectual property (collectively, “Your Content”). However, Builder Prime cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Builder Prime be liable for any copying or usage of Your Content not authorized by Builder Prime. You hereby release and forever waive any claims You may have against Builder Prime for any unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY BUILDER PRIME HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT THOSE SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF THOSE SECURITY MEASURES. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND OUR PRIVACY POLICY BEFORE UPLOADING YOUR CONTENT TO THE SERVICES.
  • c. Blocking IP Addresses. In order to protect the integrity of the Services, Builder Prime reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Services.

9. Representations and Warranties.

You hereby represent and warrant to Builder Prime as follows:

  • a. Your Content, and each and every part thereof, is an original work by You, or You have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Builder Prime to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Services, any and all third party services. Notwithstanding the foregoing, Builder Prime will never publish, share, modify, export, or copy any of Your Personal Information except pursuant to your instructions or as otherwise specified in these Terms of Service or our Privacy Policy.
  • b. Your Content and the availability thereof on the Services does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  • c. Your Content is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  • d. Your Content does not and will not create any liability on the part of Builder Prime, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
  • e. All information provided by You, including without limitation Your Content and any information posted through Your Account, is accurate and up-to-date.

Builder Prime reserves the right to remove Your Content, suspend or terminate Your access to the Services and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

10. Billing; Payments; Charges on Your Account.

a. General.

Please note that the billing policies that are disclosed to You in subscribing to the Services are deemed part of these Terms of Service. Notwithstanding anything herein, You are solely responsible for all taxes associated with Your use of the Services.

b. Billing.

Builder Prime bills You through an online account (Your “Billing Account”) for use of the Services. You agree to pay all charges at the prices then in effect for any use of the Services by You or other persons (including Your agents) using Your Billing Account, and You authorize Builder Prime to charge Your chosen payment provider (Your “Payment Method”) for the Services. You agree to make payment using that selected Payment Method and to ensure your Payment Method is valid and kept current during the Subscription Term (as defined below).

c. Payment; Payment Method.

The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen payment method. If You are paying by credit card or payment card, You authorize us to charge Your Payment Method for all fees and charges due for the Services and until any and all outstanding fees have been paid in full. You further authorize us to use a third party to process payments, and consent to the disclosure of Your payment information to that third party.

In the event of a failed attempt to charge Your Payment Method (for example, if Your Payment Method has expired or is no longer valid), we reserve the right, and You authorize us, to retry billing Your Payment Method. If You update Your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing; we may also receive updates on Your Payment Method through our payment service providers and automatically resume billing. We reserve the right to suspend or terminate Your Account in accordance with this Agreement if we remain unable to successfully charge a valid Payment Method.

All payment obligations are non-cancelable, and all amounts paid are non-refundable, unless otherwise expressly stated in these Terms of Service.

d. Recurring Billing.

Our subscription plans are offered for a subscription fee and other recurring period charges as agreed to by You. By entering into this Agreement, You acknowledge that Your subscription has a recurring payment feature and You accept responsibility for all recurring charges prior to cancellation or termination. Builder Prime may submit periodic charges (e.g., monthly) without further authorization from You, until You provide prior notice (confirmed in writing by Builder Prime) that You have terminated this authorization or wish to change Your payment method. Any notice You provide will not affect charges submitted before Builder Prime could reasonably act. For Your convenience, we take Your payment information so that Your Builder Prime Services will not be interrupted. We use secure third-party payment service providers to manage payment processing, which is collected through a secure payment process. Please see Section 11 below for our terms regarding auto-renewal, subscription upgrades, non-renewal, cancellation, and/or termination.

e. Current Information Required.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION, INCLUDING WITH RESPECT TO YOUR PAYMENT METHOD AND BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD AND BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (E.G., IN THE EVENT OF A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY BUILDER PRIME IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT), CHANGES, OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, INCLUDING THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO YOUR INFORMATION CAN BE MADE DIRECTLY VIA YOUR ACCOUNT. IF YOU FAIL TO PROVIDE BUILDER PRIME WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT BUILDER PRIME MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICES UNLESS YOU HAVE CANCELED OR TERMINATED YOUR SUBSCRIPTION FOR THE SERVICES (CONFIRMED BY YOU IN WRITING UPON REQUEST BY BUILDER PRIME).

f. Reaffirmation of Authorization.

Your non-termination or continued use of the Services reaffirms that Builder Prime is authorized to charge Your Payment Method. Builder Prime may submit those charges for payment and You will be responsible for those charges. This does not waive Builder Prime’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when Your initially subscribed to the Services.

g. Free Trial; Promotion.

We may provide a free trial or other promotion (the “Promotion”), which Promotion may provide You access to some or all features afforded to paying users of the Services. In order to avoid being charged a subscription fee for the Services, You must cancel Your subscription prior to the termination of the trial period. If You cancel prior to the termination of the trial period yet You are still charged for access to the Services, please contact us at support@builderprime.com

h. Refunds.

If You are dissatisfied with the Services for any reason, please contact us at support@builderprime.com and we will address any problems as soon as practicable. If we deem it reasonable and appropriate to issue You a refund, we may do so at our sole discretion; however, we cannot guarantee that You will receive a refund or other form of credit or compensation.

11. Term and Renewal; Non-Renewal; Cancellation.

a. Term and Renewal.

Unless otherwise stated in an applicable order form or other ordering document that references these Terms of Service (each, an “Order Form”), paid Services are provided on a subscription basis for the length of the term that you specified during the initial registration process (the “Subscription Term”). The Subscription Term will automatically renew for periods equal to the length of your initial Subscription Term. This means Your Builder Prime subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, and You will be charged our then-current non-promotional subscription rate, unless You cancel your subscription prior to Your next scheduled billing date.

b. Upgrades.

You may upgrade your subscription to Your Account at any time. If You upgrade Your subscription to Your Account, You will be charged a prorated amount for the relevant billing period, corresponding to the number of days during the period that You use the upgraded plan. The full price of the upgraded plan will be charged for the subsequent billing period.

c. Notice of Non-Renewal.

To prevent renewal of Your subscription, please follow the cancellation instructions outlined in these Terms of Service prior to the Your renewal date.

d. Cancellation.

You may cancel Your subscription at any time by logging in to Your Account and following the instructions for cancellation. Alternatively, You may send us an email at support@builderprime.com. Cancellation will take effect at the end of the applicable billing period, and You will promptly pay all unpaid fees due prior to the effective date of cancellation. We will not provide any refunds, including for prepaid fees or unused subscription fees. If You cancel Your subscription to Builder Prime, to help Builder Prime analyze and improve the Services, You may be asked to provide a reason for Your cancellation.

e. Cancellation or Termination by Builder Prime.

Builder Prime may cancel or terminate Your Account for any reason by sending notice to You at the email address we have on file for You. Upon cancellation or termination, You will promptly pay all unpaid fees due prior to the effective date of cancellation or termination. We will not provide any refunds, including for prepaid fees or unused subscription fees.

All decisions regarding the termination of Accounts shall be made in the sole discretion of Builder Prime. Builder Prime is not required to provide You notice prior to terminating Your Account. Builder Prime is not required, and may be prohibited, from disclosing a reason for the termination of Your Account.

12. Intellectual Property.

Builder Prime, the Builder Prime logos and any other product or service name or slogan contained in the Services are trademarks of Builder Prime or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Builder Prime or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Builder Prime may provide You from time to time.

Builder Prime retains all proprietary rights in the Services, except where otherwise noted. The Services contain the copyrighted material, trademarks, and other proprietary information of Builder Prime and its licensors. Except where we have given You express written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Builder Prime is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Builder Prime and for use solely in connection with the Services. Distribution of content to others is strictly prohibited. You agree that Builder Prime would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Builder Prime shall be entitled to an injunction prohibiting You from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

You may not use any metatags or any other hidden text utilizing “Builder Prime” or any other name, trademark or product or service name of Builder Prime without our prior written permission. In addition, the look and feel of the Builder Prime Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Builder Prime (or, where applicable, one or more third parties) and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Services are owned and operated by Builder Prime. Unless otherwise indicated, all content and other materials on the Services, including, without limitation, Builder Prime’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in Your country of residence).

13. Third Party Content.

Builder Prime may provide third party content on the Services and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Builder Prime does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Builder Prime does not create Third-Party Content, nor does Builder Prime update or monitor it. Builder Prime is therefore not responsible for any Third-Party Content on the Services. Users use Third-Party Content at their own risk.

The Services may include links or references to other web sites or services solely as a convenience to Builder Prime users (collectively, the “Reference Sites”). Some Reference Sites may allow You to make purchases. Builder Prime does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between You and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

14. Ownership of Your Content; Licenses; Public Display.

You understand and acknowledge that You control and are fully responsible for Your Content, including its legality, reliability, accuracy, and appropriateness. You are responsible for ensuring that the collection, storage, use, and/or processing of Your Content complies with all applicable laws, rules, and regulations, including any obligation to provide notice and/or obtain consent prior to transferring Your Content to Builder Prime for processing purposes or requesting that Builder Prime takes any action with respect to Your Content.

Builder Prime does not claim ownership of Your Content. However, with respect to Your Content, You grant Builder Prime a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content on the Services.

Notwithstanding the foregoing, Builder Prime will never publish, share, modify, export, or copy Your Personal Information except pursuant to your instructions or as specified in these Terms of Service and/or in our Privacy Policy. Any content other than Your Content is the property of the person or entity that uploaded it (the “Uploader”), and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. That content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Services from time to time and within the parameters set by the Uploader on the Services or with the express written consent of the Uploader. Where You repost another user’s content, or include another user’s content in a set, You acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in content are reserved to the relevant Uploader.

You acknowledge and agree that Your company’s name and logo will be viewable to anyone that accesses the Services at the URL that You configure within the Services, either purposely or accidentally.

15. Feedback.

Any questions, comments, suggestions, ideas, original or creative materials or other information about Builder Prime or the Services that you post, submit or otherwise communicate to us (collectively, “Feedback”), is non-confidential and will become the sole property of Builder Prime. Builder Prime will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. Publicity.

You grant Builder Prime a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your name and company logo on the Services and in other Builder Prime marketing and advertising materials. You can opt-out of this use by contacting support@builderprime.com.

17. Copyright Policy.

Builder Prime prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, You hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

Builder Prime, Inc.

8181 Arista Pl

Unit 100 Ofc 504

Broomfield, CO 80021-7916



When contacting us, please make sure that You include the following information:

  • a. a statement that You have identified content on Builder Prime that infringes Your copyright or the copyright of a third party on whose behalf You are entitled to act;
  • b. a description of the copyright work(s) that You claim have been infringed;
  • c. a description of the content that You claim is infringing and the Builder Prime URL(s) where that content can be located;
  • d. Your full name, address and telephone number, a valid email address on which You can be contacted, and Your Builder Prime user name if You have one;
  • e. a statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • f. a statement by You that the information in Your notice is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • In addition, if You wish for Your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
  • g. with respect to Your statement that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
  • h. Your electronic or physical signature (which may be a scanned copy).

Builder Prime will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting any statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

The foregoing process applies to copyright only. If You discover any content that You believe to be in violation of Your trademark rights, please report this to us by mail or email at 8181 Arista Pl, Unit 100 Ofc 504, Bloomfield CO 80021 or support@builderprime.com. In all other cases, if You discover content that infringes any or violates any of Your other rights, which You believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Service or applicable law, please report this to us at 8181 Arista Pl, Unit 100 Ofc 504, Bloomfield CO 80021 or support@builderprime.com.

18. Repeat Infringer Policy.

In accordance with the DMCA and other applicable laws around the world, Builder Prime has adopted a policy that it will promptly terminate without notice any user’s access to the Services if that user is determined by Builder Prime to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by Builder Prime of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Services more than twice. Builder Prime may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Builder Prime accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to subscribers whose Accounts are terminated as a result of their violation of these Terms of Service.

19. Disclaimers; Limitation of Liability.

a. Disclaimer of Warranties.

You assume all responsibility and risk associated with Your use of the Services.

THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONALITY ON THE SERVICES), ALONG WITH ANY SERVICES PROVIDED BY BUILDER PRIME EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR SERVICE PROVIDERS, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BUILDER PRIME, AND OUR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND SERVICE PROVIDERS (TOGETHER WITH BUILDER PRIME, THE “BUILDER PRIME PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES, INCLUDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS ON THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BUILDER PRIME PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE, PRODUCTS, OR SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THE SITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE BUILDER PRIME PARTIES AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF BUILDER PRIME HAS BEEN NOTIFIED OF THE POSSIBILITY OF THOSE DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS ARE DEEMED TO BE UNENFORCEABLE, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE LIABILITY OF THE BUILDER PRIME PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, THE GREATER OF $500.00 OR THE SUM OF ANY AMOUNT YOU PAID TO BUILDER PRIME DURING THE SIX (6) MONTHS PRIOR TO NOTICE TO BUILDER PRIME OF THE DISPUTE FOR WHICH THE REMEDY IS SOUGHT.

20. Indemnity by You.

You agree to indemnify and hold Builder Prime, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

  • noncompliance or breach of these Terms of Service, including without limitation Your representations and warranties set forth above;
  • b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Services, and/or Your making available thereof to other users of the Services, and/or the actual use of Your Content by other users of the Services or related services in accordance with these Terms of Service and the parameters set by You with respect to the distribution and sharing of Your Content;
  • c. any activity related to Your Account, be it by You or by any other person accessing Your Account with or without Your consent unless that activity was caused by the act or default of Builder Prime.

21. Attorney Fees.

In the event that Builder Prime is successful in whole or in part in any action or proceeding related to or arising from these Terms of Service, You shall be responsible for Builder Prime’s attorneys’ fees and costs.

22. Jurisdiction and Choice of Law; Dispute Resolution.

If there is any dispute arising out of the Services, by using the Services, You expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any dispute. Acceptance of the terms and conditions of this Agreement constitutes Your consent to be sued in those courts and to accept service of process outside the State of New York with the same force and effect as if service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

23. Arbitration Provision/No Class Action.

Please read the following section carefully because it requires You to waive Your right to a jury trial and arbitrate certain disputes and claims with Builder Prime and limits the manner in which You can seek relief from us. No class or representative actions or arbitrations are allowed under this Agreement.

Except where prohibited by law, as a condition of using the Services, You agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Services, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of that Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of Richmond, or the U.S. District Court for the Eastern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of Richmond, or the U.S. District Court for the Eastern District of New York.

YOU AND BUILDER PRIME AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Builder Prime agree otherwise, the arbitrator may not consolidate more than one person’s claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year of the date that claim of action arose or be forever banned, which means that You and Builder Prime will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this section by contacting Builder Prime by certified mail addressed to:

Builder Prime, Inc.

8181 Arista Pl

Unit 100 Ofc 504

Broomfield, CO 80021-7916



In order to be effective, the opt out notice must include Your full name and address, and must clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve disputes in accordance with Section 21 (Jurisdiction and Choice of Law; Dispute Resolution).

If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Service; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

24. Relationship of the Parties.

You and Builder Prime agree that no joint venture, partnership, employment, or agency relationship exists between us.

25. Assignment.

You agree that You will not assign or transfer this Agreement without Builder Prime’s prior written consent, except that You may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of Your assets, change of control or operation of law upon forty-five (45) days prior notice to Builder Prime, provided that the successor is not a competitor to Builder Prime. We may assign this Agreement to any Builder Prime affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

26. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.

27. Entire Agreement.

These Terms of Service, along with the Privacy Policy, contains the entire agreement between You and Builder Prime regarding the use of the Services. These Terms of Service will supersede all prior oral or written representations, communications, or agreements between the parties, and, together with any documents incorporated herein by reference, will constitute the final and entire understanding of the Parties regarding the subject matter of this Agreement.

28. Severability; Waiver.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of that term or any other term. In addition, Builder Prime’s failure to enforce any term of these Terms of Service shall not be deemed as a waiver of that term or otherwise affect Builder Prime’s ability to enforce that term at any point in the future.

29. Headings.

The section headings contained in these Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms of Service.

30. Survival.

All provisions of this Agreement that by their terms or import are intended to survive expiration or termination, shall survive.

31. Reservation of Rights.

Builder Prime reserves all rights not expressly granted in these Terms of Service.