Mobuilder.com || Terms of Service

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Terms of Service

Mobuilder, LLC, a Georgia Limited Liability Company ("Mobuilder"), owns and operates the Web site located at the URL Mobuilder.com, and portions of other Web pages and Web content through which you have accessed this Agreement of Terms of Use (collectively, "Mobuilder.com"). By visiting, using and/or submitting information to Mobuilder.com, you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this "Agreement") and Mobuilder's Privacy Policy, located at www.mobuilder.com/privacy.php (the "Privacy Policy").

This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

Access.

Your right to access and use Mobuilder.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Mobuilder.com for lawful purposes and pursuant to the terms and conditions of this Agreement and Mobuilder's Privacy Policy.

Fees and Payment.

Optional premium paid services such as responding to Contractors' Bid Requests and/or various advertising options are available on the Website. By selecting a premium service you agree to pay Mobuilder the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Transmissions, Submissions and Postings to Mobuilder.com

If you transmit, submit or post information to Mobuilder.com that is not Federally trademarked and/or copyrighted, you automatically grant Mobuilder and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Mobuilder to transmit, submit or post information to Mobuilder.com that is Federally trademarked and/or copyrighted, you automatically grant Mobuilder and its affiliates and assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to Mobuilder.com:

Information that infringes Mobuilder'ss or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
Information that violates any law, statute, ordinance or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Mobuilder or third parties or that infringes on Mobuilder's or any third party's rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
Information that is false, inaccurate or misleading;
Commercial advertisements or solicitations without written permission from Mobuilder; or
Federally Trademarked and/or Copyrighted information without written permission from Mobuilder.

Although Mobuilder does not regularly review your transmissions, submissions or postings, Mobuilder reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to Mobuilder's Privacy Policy, Mobuilder may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.

Responsibility of Website Visitors.

Mobuilder has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Mobuilder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mobuilder disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Mobuilder.com is Not Intended for Minors

Mobuilder.com is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If Mobuilder receives a complaint which states that a user of Mobuilder.com is under 13 years of age, Mobuilder will comply with the requirements of the Children's Online Privacy Protection Act of 1998 ("COPPA").

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Website and webpages to which Mobuilder.com links, and that link to Mobuilder.com. Mobuilder does not have any control over those non-Mobuilder websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mobuilder website or webpage, Mobuilder does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mobuilder disclaims any responsibility for any harm resulting from your use of non-Mobuilder websites and webpages.

Copyright Infringement and DMCA Policy.

As Mobuilder asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Mobuilder.com violates your copyright, you are encouraged to notify Mobuilder immediately. Mobuilder will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mobuilder or others, Mobuilder may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Mobuilder will have no obligation to provide a refund of any amounts previously paid to Mobuilder.

Intellectual Property.

This Agreement does not transfer from Mobuilder to you any Mobuilder or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mobuilder. Mobuilder, Mobuilder, LLC, Mobuilder.com, the Mobuilder.com logo, and all other trademarks, service marks, graphics and logos used in connection with Mobuilder.com, or the Website are trademarks or registered trademarks of Mobuilder or Mobuilder's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mobuilder or third-party trademarks.

Changes.

Mobuilder reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mobuilder may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Mobuilder may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mobuilder.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Mobuilder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mobuilder nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Mobuilder, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mobuilder under this agreement during the twelve (12) month period prior to the cause of action. Mobuilder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Mobuilder Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Mobuilder, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Mobuilder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mobuilder, or by the posting by Mobuilder of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mobuilder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.