General & Acceptance
BY USING AND/OR VISITING THIS WEBSITE AND/OR USING THE BUILDERS CAPITAL SERVICES (specifically, inputting your user id in the space provided on various pages of the www.builders-capital.com website or Builders Capital mobile application, the "Services"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF BUILDERS CAPITAL’S PRIVACY POLICY, WHICH ARE PUBLISHED VIA A LINK ON http://www.builders-capital.com (the "Website"), the Builders Capital page of the Apple App Store, the Builders Capital page of the Google Play Store, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website or the Services. Please note that your loan application for a funding account with Builders Capital is subject to a separate agreement that will be provided to you upon application. The use of the term Builders Capital herein includes Construction Loan Services LLC d/b/a Builders Capital, as well as its affiliates, related parties, and managed or administered funds, and their respective affiliates, vendors, partners, agents and other personnel, however, each such entity and person are separate and distinct, and no joint venture or partnership is to be implied by common use of the Builders Capital name herein. In addition to all other agreements that may be provided to you, this Terms of Use Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE THE SERVICES, YOU MUST READ THIS AGREEMENT. Builders Capital may modify this Agreement from time to time and such modification shall be effective upon posting by Builders Capital on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your application may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age.
Provided Services
Subject to full compliance with the Terms of this Use Agreement, the Services are provided by Builders Capital AS IS and Builders Capital assumes no responsibility for any failure in providing the Services to you. Builders Capital may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Builders Capital may also impose limits on all or any of the Services or restrict your access to parts or all of the Builders Capital without notice or liability. Builders Capital may include commercial opportunities or content in any Builders Capital product, services, image or webpage.
General Undertakings
You accept sole responsibility for all of your activities using the Services, including your conduct on the Builders Capital platform. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.
The Services
The Services may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Builders Capital. Builders Capital has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Builders Capital will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Builders Capital from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Access
Fees & Payments
Some of the services offered may require the payment of fees, interest and other amounts ("Charged Services"). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Services in connection with such Charged Services selected by you. Builders Capital reserves the right to change its prices and at any time, subject to applicable law. You authorize Builders Capital directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Builders Capital. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).
Intellectual Property Rights
The content on the Services (the "Content") and the Services are subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, Builders Capital uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Services is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Builders Capital reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Services or Content therein.
Third-Party Service Providers
Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUILDERS CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BUILDERS CAPITAL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL BUILDERS CAPITAL, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. BUILDERS CAPITAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BUILDERS CAPITAL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUILDERS CAPITAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnity
You agree to defend, indemnify and hold harmless Builders Capital, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.
Events Beyond Control
Under no circumstances shall Builders Capital be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Services directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Builders Capital, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Builders Capital without restriction or limitations.
General
You agree that: (i) the Services shall be deemed solely based in Washington, USA; and (ii) the Services shall be deemed a passive website and mobile application that does not give rise to personal jurisdiction over Builders Capital, either specific or general, in jurisdictions other than the State of Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Builders Capital that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Seattle, Washington. These Terms of Service, together with the privacy and any other legal notices and agreements published by Builders Capital on the Services, shall constitute the entire agreement between you and Builders Capital concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Builders Capital’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND BUILDERS CAPITAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
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