BuildFax Terms of Service and Privacy Policy

Last revised April 11th, 2016

Terms of Service

These Terms of Service shall constitute an agreement (the "Agreement") by and between BuildFax, Inc. (the "Company"), and the Customer (as defined below). As used herein, "Customer" means you and, if you are accessing or using the Site (as defined below) or any of the Site Materials (as defined below) on behalf of your employer or any other person or entity (any such employer or other person or entity is referred to herein as a "Related Party"), such Related Party. If you are accessing or using the Site or any of the Site Materials on behalf of a Related Party, then you represent and warrant to the Company that you are authorized to enter into this Agreement on behalf of and bind such Related Party.

The Customer desires to obtain from the Company certain data, information and reports accessible via the BuildFax Delivery Access Portal (the "Site"). In order for the Company to provide the Customer with access to the Site and such data, information and reports, the Customer agrees to comply with the terms and conditions of this Agreement.

  1. Acceptance of Agreement. BY ACCESSING OR VIEWING THE SITE OR ANY OF THE OTHER SITE MATERIALS (AS DEFINED IN SECTION 2 BELOW), THE CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN THE CUSTOMER AND THE COMPANY.
  2. Ownership of Site and Site Materials. The Site, all data, information and reports accessible via the Site, and all databases where such data, information and reports are stored (collectively, the "Site Materials") are owned or licensed by the Company and are protected by United States and foreign intellectual property laws (including patent, trademark, trade secret, and copyright laws) and international treaty provisions. The Company retains all rights in and to the Site and Site Materials. The Customer agrees not to claim any right or interest in the Site or any of the Site Materials or dispute any of the Company's rights or interests in the Site or Site Materials. The Customer may not remove or modify any copyright, trademark, or other proprietary notice from the Site Materials. The Customer shall not attempt to reproduce, decompile or reverse engineer the Site or any of the Site Materials or otherwise develop a product or service substantially similar to or competitive with any of the Site or Site Materials.
  3. Confidentiality and Non-Assignability of Login. The Site can only be accessed with a user-specific login (a "Login"). The Login may not be transferred to any other person or entity. The Login is strictly confidential. The Company will not intentionally release Login passwords unless specifically required by law to do so. The Customer shall promptly notify the Company if there is any apparent breach of security related to its Login, such as a loss, theft, or unauthorized disclosure or use of a username or password. The Customer shall notify the Company by e-mail at support@buildfax.com. The Customer shall be responsible and liable for any unauthorized use of the Site through its Login. All Site Materials, including structure, format, delivery options, filters, indicators, and analytics, shall be deemed confidential and shall be kept by the Customer in strict confidence under appropriate safeguards.
  4. DISCLAIMERS. THE COMPANY FURNISHES THE SITE AND THE SITE MATERIALS "AS IS." THE COMPANY MAKES NO WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OF THE SITE AND THE SITE MATERIALS.

    THE SITE MATERIALS CONTAIN DATA RECEIVED FROM THIRD PARTIES ("THIRD PARTY DATA"), INCLUDING, BUT NOT LIMITED TO, LOCAL GOVERNMENTS. THE CUSTOMER RECOGNIZES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY INACCURACIES OR OMISSIONS IN THE THIRD PARTY DATA, AND UNDERSTANDS THAT FACTUAL ERRORS IN THE THIRD PARTY DATA SHOULD BE CORRECTED BY CONTACTING THE APPLICABLE THIRD PARTY AUTHORITY. THE CUSTOMER FURTHER UNDERSTANDS THAT THE COMPANY HAS NO AUTHORITY AND NO ABILITY TO CORRECT SUCH ERRORS OR OMISSIONS ITSELF. NO CHANGES CAN APPEAR IN THE THIRD PARTY DATA UNLESS AND UNTIL THE APPLICABLE THIRD PARTY AUTHORITY MAKES THEM. THE CUSTOMER AGREES TO RELEASE AND HOLD HARMLESS ALL GOVERNMENTAL AUTHORITIES FROM ANY INACCURATE DATA SUPPLIED BY THEM FOR INCLUSION IN ANY OF THE SITE MATERIALS.

    ANY ANALYSES, OPINIONS, ESTIMATES, RATINGS OR RISK CODES PROVIDED BY THE COMPANY THROUGH THE SITE OR IN ANY SITE MATERIALS ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY, AND ARE NOT INTENDED TO PROVIDE, NOR SHOULD THEY BE INTERPRETED AS PROVIDING, ANY FACTS REGARDING, OR PREDICTION OR FORECAST OF, ANY PARTICULAR EVENT OR RISK.

    THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY USES MODELS AND ALGORITHMS IN CREATING CERTAIN SITE MATERIALS, WHICH MODELS AND ALGORITHMS ARE BASED UPON CERTAIN INPUTS, MARKET ASSUMPTIONS AND METHODOLOGIES, AND MAY NOT CONFORM TO SIMILAR MODELS OR ALGORITHMS PROVIDED FROM THIRD PARTIES. SUCH INPUTS, MARKET ASSUMPTIONS AND METHODOLOGIES MAY CHANGE OVER TIME AT THE DISCRETION OF THE COMPANY WITHOUT NOTICE TO THE CUSTOMER.

    THE CUSTOMER ASSUMES ALL RISK AND LIABILITY ARISING FROM THE INTERPRETATION OR USE OF THE SITE MATERIALS. THERE ARE MANY REASONS FOR FAILING INSPECTIONS AND DATA ON FAILURE RATES IS NOT NECESSARILY A RELIABLE INDICATOR OF ANY CONTRACTOR'S QUALIFICATIONS OR ABILITY. THE CUSTOMER MAY NOT USE THE SITE OR SITE MATERIALS TO DETERMINE A PERSON'S OR ENTITY'S INSURABILITY.

    THE COMPANY OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE SERVICE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED ON THE SITE, AND ANY OF THESE MAY CHANGE AT ANY TIME WITHOUT NOTICE.

    THE CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE FAIR CREDIT REPORTING ACT (15 U.S.C. SECTION 1681 ET SEQ.) AND ALL OTHER APPLICABLE LAWS AND REGULATIONS. THE CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE COMPANY BE LIABLE OR RESPONSIBLE FOR THE CUSTOMER'S FAILURE TO COMPLY WITH THE FAIR CREDIT REPORTING ACT (15 U.S.C. SECTION 1681 ET SEQ.) OR ANY OTHER LAW OR REGULATION, EVEN IF SUCH NON-COMPLIANCE RESULTS FROM THE CUSTOMER'S USE OR RELIANCE ON THE SITE, THE SITE MATERIALS OR ANY DERIVATIVES THEREOF.

    IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, TORT, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, ARISING OUT OF THIS AGREEMENT OR THE CUSTOMER'S USE OF, OR INABILITY TO USE, THE SITE OR THE SITE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY'S LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR ANY CLAIM REGARDING OR ARISING FROM THE SITE OR THE SITE MATERIALS EXCEED THE LESSER OF $5,000 OR THE AMOUNT OF PAYMENTS MADE BY CUSTOMER TO THE COMPANY FOR THE USE OF THE SITE OR THE SITE MATERIALS IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND LIMITATION ON DAMAGES AND LIABILITY PROVISIONS OF THIS AGREEMENT ARE FAIR AND REASONABLE.

    THE CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS. FEES, ARISING OUT OF OR RESULTING FROM (A) THE CUSTOMER'S (OR ANY THIRD-PARTY'S) USE OR RELIANCE ON THE SITE, ANY OF THE SITE MATERIALS OR ANY DERIVATIVES THEREOF, (B) THE CUSTOMER'S BREACH OF THIS AGREEMENT OR (C) THE CUSTOMER'S VIOLATION OR NON-COMPLIANCE WITH ANY LAW OR REGULATION, INCLUDING, WITHOUT LIMITATION, THE FAIR CREDIT REPORTING ACT (15 U.S.C. SECTION 1681 ET SEQ.).
  5. Remedies. The Customer acknowledges and agrees that in the event of any breach of this Agreement, the Company may be irreparably and immediately harmed. Without prejudice to any other rights or remedies otherwise available to the Company, the Company shall be entitled to seek equitable relief by way of injunction to prevent breaches of this Agreement and to compel specific performance of the provisions of this Agreement, without need for proof of actual damages and the Customer agrees not to oppose the Company's right to seek such relief. The Customer agrees to waive, and to cause its representatives to waive, any requirement for the securing or posting of any bond in connection with such remedy. The Customer also agrees to reimburse the Company for all reasonable costs and expenses, including reasonable attorneys' fees, incurred by the Company in successfully enforcing the Customer or its representatives. obligations hereunder. No failure or delay by the Company in exercising any rights, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof or the exercise of any right, power or privilege hereunder.
  6. Billing & Terminations. The Customer agrees to adhere to the terms contained in the Billing Confirmation Letter, if applicable. The Company may terminate this Agreement and the Customer's access to the Site and Site Materials at any time, for any reason and with or without notice. Should the Company terminate this Agreement, the Customer shall be given a refund equal to the base amount paid less the base amount multiplied by the percentage of time used on the contract, rounded up to the nearest month. The Company maintains the right to review Customer usage patterns. The Customer should not exceed the number of reports allotted in their purchased package. If applicable, should the Customer usage significantly exceed the monthly report limit within a billing month or repeatedly over a period of several months, the Company may contact the Customer to discuss upgrading to a higher package. If an agreement cannot be reached as to the appropriate access level, the Company reserves the right to terminate this Agreement. Unless otherwise specified in the Billing Confirmation Letter, this Agreement shall renew automatically for successive periods unless notice of termination is provided at least 30 days prior to the end of the then-current term.
  7. Refund/Cancellation Details. You may cancel your account at any time. If you feel that a report was not useful, please contact us for a refund at support@buildfax.com and make sure to include the report serial number.
  8. Modifications. This Agreement may be modified with or without notice by the Company at any time. The Customer's access or use of the Site or Site Materials after any modification to this Agreement shall constitute the Customer's acceptance and agreement with such modification.
  9. Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of North Carolina without giving effect to any choice or conflict of law provision or rule. Unless the Company otherwise agrees in writing, the exclusive venue and jurisdiction for any controversy, dispute or claim arising out of or relating to this Agreement shall be the United States District Court for the Western District of North Carolina or in another court of competent jurisdiction located within the County of Buncombe, State of North Carolina, USA. Each party submits to the exclusive venue and jurisdiction of such courts, agrees that it will not bring any suit or judicial proceeding in any forum other than such courts, and agrees not to assert any objection that it may have to the venue or jurisdiction of such courts.
  10. Severability & Entire Agreement. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. This Agreement includes all agreements and understandings with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements and understandings relating to the subject matter hereof, whether oral or in writing.
  11. Provision of Reports to Clients. In the event the Customer provides any reports included in the Site Materials to its clients, the Customer agrees and warrants to the Company that it will include terms and conditions similar those in Exhibit A in all agreements with its clients for such reports. Without limiting any other provision in this Agreement, the Customer shall indemnify, defend and hold harmless the Company from and against any and all claims, lawsuits, damages and expenses, including, without limitation, attorneys' fees, arising out of or resulting from (i) any breach of the Customer's obligations under this Section 11, and (ii) the Customer’s client's use of any such report or any of the data or information contained therein.

Privacy Policy

The Company also provides the below Privacy Policy terms to inform you of our policies and procedures regarding the collection, use and disclosure of personally identifiable information ("Personal Information") we receive from all Customers of the Site. We respect your privacy rights; we only use your Personal Information in furtherance of your use of the Site (as further set forth below) and do not sell your Personal Information, or use your Personal Information for advertisement targeting.

By using the Site you agree to these Privacy Policy terms.

  1. Information We Collect. When you register with us through the Site, we will ask you for personally identifiable information ("Personal Information"). Personal Information may include, but is not limited to, your name, phone number, email address, physical address, and billing information (such as PayPal or bank account information).

    Personal Information may also include log-in credentials, password, transactional information based upon your activity on the Site and Application, and authentication information. Some of the information we ask you to provide is mandatory, some may be optional, and some may be collected in the background in association with your account. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.

    We do not store credit or debit card number, type, expiration date or similar information on our own servers. Financial information is stored by our third-party payment processing company ("Payment Processor"), and use and storage of that information is governed by the Payment Processor's applicable terms of service and privacy policy.

    We ask for User feedback from time to time in order to inform us about how we might improve the Site and improve the User experience.

    When you visit the Site and Application we automatically receive and record information sent from your browser ("Log Data"). This Log Data may include information such as your IP address, location, browser or mobile platform, cookie information and page information you requested. Log Data information is collected and used in the aggregate to monitor and analyze use of the Services, for technical administration, to improve the functionality and user-friendliness of the Services, and to tailor the Site and Application to your needs. We treat this information as non-Personal Information, except where required to do so by applicable law.
  2. Cookies. We use "cookies" to collect information. Cookies serve two functions: (i) to save your login information for future logins to the Site; and (ii) to enable certain features of the Site, which allows to better understand your interaction with the Site and to monitor aggregate usage and web traffic routing on the Site. Third party service providers (potentially including advertisers) on the Site may also place or read cookies on your browser. You may change your browser options to stop accepting cookies. However, if you choose not to accept cookies, you may not be able to use all portions of the Site.
  3. How We Use Your Information. We use the Personal Information we collect from our Site to provide, maintain, protect and improve the Site, and to protect the Company and our Customers.
  4. User Information. When you create an account, we will set up a profile for you. We collect and store IP address information. Sometimes we share this information with our partners, service providers, and other persons with whom we conduct business, as stated herein, but this information is not made public.
  5. Information Shared with Third Parties. We may engage third party companies and individuals to help us operate and/or facilitate the Site, or to analyze the usage of our Site. Such third parties may have access to your Personal Information. This access is limited to only the information necessary to perform these tasks on our behalf and they are obligated not to disclose or use the information for any other purpose.
  6. Links to Third Parties. Our Site may contain links to other websites or applications. The fact that you may visit a third party's website or application from our Site is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy policies or practices. We do not exercise control over third party websites or application. These third party websites may place their cookies or other files on your computer, collect data or solicit Personal Information from you, and the may follow different rules regarding the use or disclosure of the Personal Information you submit to them.
  7. Protection and Legal Purposes. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our Customers and the public. This includes exchanging information with other companies, organizations and insurance providers for such purposes as fraud protection and spam/malware prevention.
  8. Security of Your Information. Your account is password protected for your privacy and security. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore we cannot guarantee its absolute security.

    We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

    If you are located outside of the United States, note that the Site is (i) hosted by computer servers in the United States, (ii) processes and stores data in the United States, and (iii) United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Information through laws applicable in the United States. If you use the Site or Services or share Personal Information with us, then this constitutes your consent to the transfer of your Personal Information outside of your home country, including the United States.
  9. Accessing Your Information. All Users may review, update, correct or delete the Personal Information in their account profiles. If you would like to cancel your account, please contact us via email to support@buildfax.com and we will attempt to accommodate your request if we do not have any legal obligations or a legitimate business reason to retain the information contained in your account.

    Please note that even after you remove information from your profile or cancel your account, copies of that information will be stored and retained in our archives, and may remain viewable to the Company.
  10. Notice Concerning Children. The Site is not directed to individuals under 13 years old. We do not knowingly collect Personal Information from individuals under 13. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any Personal Information in that account.
  11. Changes to This Privacy Policy. We may update these Privacy Policy terms to reflect changes to our information practices. We will post any changes to our Terms of Service and will keep prior versions of this Terms of Service page archived for your review. Changes to these Privacy Policy terms are effective when they are posted on this page.

    If you have any questions about these Privacy Policy terms, the Terms of Service, the practices of this Site, or your dealings with this Site, please contact us at support@buildfax.com.