Terms of Use

Welcome to Building Markets’ website, www.buildingmarkets.org (the “Website”). The following Terms of Use (“Terms”) govern your use of the Website. By accessing or using this Website, you agree to be bound by these Terms and our Privacy Policy. If you object to any of these Terms or the Privacy Policy, please do not use the Website.

Unless otherwise noted, all rights in the Website are held by Building Markets. You agree that you will not use, reproduce, modify, transmit, display, publish, sell, create derivative works from, or distribute by any means or process whatsoever, now known or hereafter developed, any content of this Website for commercial profit or gain.

Interactive Areas
The Website may provide interactive forums, news groups, bulletin boards and other interactive areas. Building Markets may, in its sole discretion, terminate your access to any interactive areas at any time, with or without notice. You are solely responsible for your use of the interactive areas.

Building Markets does not assume any responsibility for content, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”) you may view on this Website, access through this Website or that is posted on the interactive areas, including the truthfulness, accuracy, quality, completeness or reliability of any such Content. Building Markets does not endorse any Content submitted to the Website by any user, or any opinion or recommendation or advice expressed therein.

By submitting Content to the Website, you automatically grant (or warrant that the owner of such content has expressly granted) to Building Markets (and its successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully-transferable license and right to use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such license will be fully transferable by assignment, sublicense (including multiple tiers of sublicenses) or any other means.

User Conduct
You agree that you will not engage in any actions on, or submit any Content to, the Website that is defamatory, offensive, objectionable, prohibited, or illegal, as determined by Building Markets in its sole discretion. Without limitation, actions or Content that shall be considered defamatory, offensive, objectionable, prohibited or illegal include the following:

  • Use of any of the interactive areas that could expose Building Markets to any liability or detriment, or for any purpose in violation of local, state, national, or international laws.
  • Posting or otherwise disseminating material that violates or infringes on any third party’s intellectual property rights, proprietary or contractual rights, or privacy or publicity rights.
  • Posting or otherwise disseminating material that is objectionable to Building Markets or the Website, including, but not limited to, material that is unlawful, fraudulent, obscene, defamatory, threatening, abusive, hateful, pornographic, harmful to minors, promoting illegal activity, or embarrassing to another person or entity, as determined by Building Markets at its sole discretion.
  • Posting or otherwise disseminating personal or identifying information about another person without that person’s explicit consent.
  • Posting spam or comments that are not related to the topic being discussed or that otherwise disrupt the normal flow of dialogue.
  • Posting or otherwise disseminating advertisements or solicitations, chain letters, pyramid schemes, unsolicited bulk e-mail to users or individuals that have not agreed to receive such mailings.
  • Allowing any other person or entity to use your identification to post or view comments.
  • Disrupting or interfering with the security or proper working of, or otherwise abusing, the Website.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our Website in breach of this Section.
Building Markets reserves the right to monitor, record, edit, or remove any Content on the interactive areas for any reason, including lack of adherence to these Terms, and Building Markets has no liability for such actions. You agree that Building Markets shall not be liable for Content, including any defamatory, offensive or illegal conduct, of any third party and that the risk of harm or damage from the foregoing is solely yours.

Disclaimers
This Website and all information, products, and services available through this Website are provided on an “as is” basis. You agree that use of this Website or any associated information, products, and services is at your sole risk. To the fullest extent permissible under applicable law, Building Markets and successors and its affiliates disclaim all representations and warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that any reliance on any information, products, or services appearing on this Website shall be at your sole risk, and you hereby waive any rights you may have had regarding any representation or warranty, express or implied, on the part of Building Markets and its affiliates regarding the functioning and use of this Website.

Limitation of Liability
Under no circumstances, including negligence, shall Building Markets or its successors and affiliates be liable for any direct, indirect, special, punitive, or consequential damages whatsoever and howsoever arising, including any such damages resulting from a claim by any party relating to the use of this Website or any associated information, products, and services, or your use of or inability to use this Website.

Building Markets and its successors and affiliates shall not be liable for damages relating to the use of third-party sites linked to the Website.

Some jurisdictions do not allow the limitation of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, the liability of Building Markets will be limited to the greatest extent permitted by law.

Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Building Markets and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Building Markets and its successors and affiliates, in connection with: (1) your use of the Website; (2) your breach of these Terms; (3) your negligent or wrongful conduct; (4) your access to or use of any third party website linked to from the Website; (5) Content posted by you; (6) your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right; or (7) the infringement by you of any right of any person or entity.

This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms.

PROPERTY RIGHTS
Unless otherwise noted, the content of the Website, including the Content and the trademarks, service marks and logos on the Website, are the property of Building Markets or third party licensees and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without Building Markets’ and/or the other respective owner’s prior written permission, except as expressly permitted on the Website. You are permitted to access and use the Content through the provided functionality of the Website for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Website; and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Website Content elsewhere.

Any other trademarks or service marks appearing anywhere on our Website are the property of their respective owners. To the extent any product name or logo does not appear with a trademark, this does not constitute a waiver of any and all intellectual property rights that Building Markets or its business has established in any of its products, features, or service names or logos.

If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, you may send a notice pursuant to the Digital Millennium Copyright Act that complies with Section 512(c)(3) of Title 17 of the United States Code and includes the following (as more specifically detailed in Section 512(c)(3) of Title 17 of the United States Code):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Website;
  • your address, telephone number, and email address;
  • a written statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please direct all communications to the address indicated below.

Site Management
The Content of the Website is subject to change at any time without notice, including to correct any errors or omissions in any portion of the Website. At any time, Building Markets may terminate, change, or suspend any aspect of the Website, temporarily or permanently, without notice to you. Building Markets is not obligated to continue to support or update the Website.

Third Party Links
The Website may contain links to third party websites that are not owned or controlled by Building Markets. Building Markets has no control over, and assumes no responsibilities for, these websites (including any content, terms of use or privacy policy). You follow these links and use such third party websites at your own risk.

Any links furnished through our Website are provided to you for your convenience and any inclusion of a third party link herein shall in no way be construed as an endorsement by us of the website(s) or their content.

If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page of our Website or portions of our Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a Website that is not owned by you;
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.
If you choose to link our Website in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Entire Agreement
These Terms and Building Markets’ Privacy Policy are the entire agreement between you and Building Markets regarding use of the Website and supersede and replace any prior understandings, whether oral or written, between you and Building Markets. Please review Building Markets’ Privacy Policy.

Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You.

Applicable Law
We make no representations that the content or the Website is appropriate or that it may be used or downloaded outside of the United States. Access to the Website and/or content may not be legal in certain countries outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.

Our Website was created and is controlled by Building Markets in the State of New York, United States of America. The Website and its content, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of New York and applicable United States federal laws. Use of our Website constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Modifications to the Terms
Building Markets may, at any time and in its sole discretion, amend these Terms by posting the amended Terms to this Website and you agree to be bound by these modifications. Any modifications shall become effective immediately upon posting. You should periodically review the most up-to-date version of these Terms for any changes.

General
You agree that any cause of actions arising out of or related to the Website or applications must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Contact Information
Building Markets
newyork@buildingmarkets.org

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