Terms and Conditions of Use BuildIQ Training Website
Revised January 2004
Terms and Conditions of Use
This document contains the terms
and conditions of permissible use of the BuildIQ, Inc., (“HomeIQ”)
("BuildIQ") training website and services. By using our
services, you agree, and continue to agree, to use the BuildIQ training
website in a manner consistent with all applicable laws and regulations,
as well as these terms and conditions.
Limited License
Each training course is the property of BuildIQ
and its licensors. You agree not to engage in any unauthorized uses
of any Training Course, including, but not limited to, copying, printing,
and downloading the training course, or any part of the training
course. You may access a training course through our training website
only if you are an authorized individual within the terms of the
training course license between us and you and/or your employer or
course sponsor If you are an authorized user under both an employer
or product supplier license and an individual license, the terms
of the employer/product supplier license will control; the terms
of any individual or employer/product supplier license shall control
in the event of a conflict with these terms of use.
Your access to the training website is limited to a period of ninety
(90) days following your initial logon for a training course, whether
or not you complete the training course within that time.
Limitation of Liability and Warranty
You agree that the use
of BuildIQ’s services is at your own risk. Our services are
provided “as is,” without any express or implied warranties,
including, but not limited to, results obtained through any of our
services. Although BuildIQ uses reasonable commercial efforts to
ensure that information presented in the Training Courses is accurate,
complete and consistent with generally accepted sound construction
industry practices, BuildIQ cannot and does not guarantee that the
information contained in the Training Courses is completely error-free
or applicable to all situations and circumstances that may be encountered
in the field. It is understood and agreed that it is your responsibility
to apply sound construction practices in light of local conditions,
laws and regulations, and BuildIQ accepts no liability for any defects
in projects constructed by any user of this site or any other person
or any other claim related to your or any other person’s actual
construction, sales or other practices.
BuildIQ specifically disclaims any and all warranties, including,
but not limited to:
- any and all warranties concerning the availability, accuracy
or content of information, products, or services;
- any and all warranties
of title, merchantability or fitness of purpose.
This disclaimer applies to any damages or injury, whether direct,
indirect or incidental, caused by your use or downloading of any
content on our site, including, but not limited to, failure to perform
(including line failures), errors and/or omissions, interruption
or delay of service or transmission, deletion, defects, viruses,
theft or unauthorized access to and/or alteration of any materials.
This includes causes of action for, but not limited to, breach of
contract, negligence, defamation or other related torts.
Due to Internet connection failures or other causes, it is possible
that individual users may be billed for training courses for which
they were not successfully registered. It is the individual user's
responsibility to resolve billing discrepancies with your credit
card company. BuildIQ will complete the registration of any person
who can demonstrate that he or she was billed for course registration
and not registered, and will provide registration information to
users (subject to confirmation of identity acceptable to BuildIQ)
upon written request to BuildIQ, Inc./2212 Liberty Avenue/Pittsburgh
PA 15222/ATTN: Credit Card Billing.
Indemnification
You agree to indemnify and hold BuildIQ harmless
for any dispute that may arise from a breach of any of the terms
and conditions of this agreement. You agree to hold BuildIQ harmless
from any claims, fees and expenses, including attorneys’ fees
and court costs, that may arise from your violation of this agreement.
Choice of law/forum
This agreement shall be governed in accordance
with the laws of the Commonwealth of Pennsylvania. Any claims, disputes
or lawsuits which arise from a breach of this agreement shall also
be governed by the laws of the Commonwealth of Pennsylvania. You
agree to the exercise of personal jurisdiction by the state and federal
courts sitting in the Commonwealth of Pennsylvania.
Severability
Should any of the terms of this agreement be
deemed by a court of competent jurisdiction to be void, unenforceable,
or otherwise contrary to the law, then that provision shall be deemed
severable from the rest of the terms and conditions outlined herein
and shall not affect the enforcement of the remaining terms.
Entire Agreement—
These terms of use and any individual license
agreement constitute the entire agreement between the parties and
supercedes any and all previous and contemporaneous agreements and
communications between the parties. BuildIQ reserves the right to
change, delete or otherwise modify these Terms of Use without notice
to any other party, and users are urged to periodically review the
BuildIQ terms of use for any changes.
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