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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