Building Families Together
Last Modified on December 14, 2018
SECTION 15 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
By using the Use, You agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Service between You and Building Families, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If You do not agree to the terms of this Agreement, You are not authorized to download, operate, or otherwise use the Service.
We reserve the right to update or change these Agreement at any time by posting the most current version of the Agreement on the Sites or within the Service with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. Your continued use of the Service after we post any changes to the Agreement signifies Your agreement to any such changes. If You do not agree to the then-current Agreement, You must immediately discontinue using the Service.
As between You and Building Families, the Service is the sole and exclusive property of Building Families. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through Your use.
Your use of the Service is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both You and a fully authorized representative of Building Families. The Service is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.
What We Do.We provide information to contact Building Families regarding its services, as well as providing background information on the tasks performed by Building Services. This includes, but is not limited to, testimonials from prior clients; promotional content about Our endeavors and individuals working within Building Families.
Grant of license
The service is licensed to You by Building Families for personal, noncommercial use on Your phone, tablet, or other authorized devices.
Description of Rights and Limitations
Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Service.
Distribution. The license granted hereunder is non-transferable. The Service is licensed for Your use only and only on a personal computer or other authorized device. You may not distribute the Service to any third party.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source code of the Service and waive any right to do so.
Rental. You may not rent, lease, or lend the Service, or offer it for any commercial use or purpose.
Support Services. Building Families may in its sole discretion provide You with support services related to the Service (“Support Services”). Building Families is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Building Families under this Agreement. Any supplemental software code provided to You as part of the Support Services will be treated as part of the Service, as between You and Building Families will be and remain the sole property of Building Families, and will be subject to the terms and conditions of this Agreement.
Building Families support may be reached by contacting us via email at email@example.com.
Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the Service.
The term of this Agreement will commence upon use of the Service and will continue for so long as You have in Your possession or control any copies of the Service. Without prejudice to any of its other rights, Building Families may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to You.
For example, but not in limitation, Building Families may elect to terminate this Agreement and Your rights in connection with the Service if Building Families, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, or ceases to provide updates.
In the event of termination arising as a result of discontinuation of the Service by Building Families, no liability shall arise due to the cessation of the Service. In the event of termination arising from Your failure to comply with the terms of the Agreement: (i) You must promptly destroy, uninstall, or delete all copies of the Service in Your possession. If modification of the Agreement by Building Families materially affects Your rights in connection with the Service, which determination will be made by Building Families in its sole discretion, Building Families may, but is under no obligation to, notify You by sending an email message to Your last email address known to Building Families or through the Service. Building Families will have no liability if You do not receive Building Families’s notification.
Termination of this Agreement by You can only occur after the deletion of all copies of the Service in Your possession (including any assets, copyrighted images, or content) and by notifying Our support staff at firstname.lastname@example.org.
Proprietary rights in content on the service
OWNERSHIP OF POSTS WITHIN THE SERVICE. The content which may be accessed through use of the Service is the property of the Building Families or its licensors and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.
Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us at email@example.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of 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
Building Families expressly disclaims any warranty in, to, or for the Service. The Service is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
BUILDING FAMILIES EXPRESSLY DISCLAIMS ANY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Service is assumed by You. Building Families does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. Building Families makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Building Families further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. Building Families cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating.
Limitation of Liability
In no event will BUILDING FAMILIES, or any third party involved in providing the service (collectively "the providers"),be liable TO YOU for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of Your use of, or inability to use, the Service, or the use or inability to use the Service by any third party that may have access to the Service by or through You, even if the providers have been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. notwithstanding anything to the contrary contained herein, the provider’s liability shall be limited to the amount paid, if any, by you to use the service.
BUILDING FAMILIES, has no liability with respect to user conduct, the content of the Service or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
You acknowledge that we have not reviewed the content of all sites linked to or from the Service and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
You agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that You assert, or may assert, based on or relating to Your use of this service. You further agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
Disclosures Required by Law
Building Families reserves the right at all times to disclose any information, including personally identifiable information about You, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Building Families reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Building Families to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD BUILDING FAMILIES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BUILDING FAMILIES DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BUILDING FAMILIES OR LAW ENFORCEMENT AUTHORITIES.
Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California without regard to its conflict of law provisions and, except as noted below in Section 15, You agree to submit to the exclusive jurisdiction of the courts of Los Angeles, California to resolve all disputes related to this Agreement.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Arbitration Procedures. You and Building Families agree that, except as provided in Section 15.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 15.5 below, You may seek any non-injunctive remedies available to You under federal, state or local laws in an arbitration action. As part of the arbitration, both You and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) You and Building Families may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Building Families WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Location. The arbitration will be conducted in Santa Ana, California, unless the parties agree to video, phone and/or internet connection appearances.
Limitations. You and Building Families agree that any arbitration will be limited to the Claim between Building Families and You individually. YOU AND BUILDING FAMILIES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and Building Families agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or Building Families' intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and Building Families agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 15.5, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 15.5 is found to be illegal or unenforceable, then neither You nor Building Families will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the City of Santa Ana, CA and You and Building Families agree to submit to the personal jurisdiction of that court.
Contact. By Your consent in this Agreement, Building Families may contact You for any of the following, by example and not by limitation: information You provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.
No Waiver. The failure of Building Families to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Building Families must be in writing and signed by an authorized representative of Building Families.
Local laws. Building Families makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If You choose to access the Service from other jurisdictions, You do so on Your own initiative and are responsible for compliance with applicable local laws. Building Families is not responsible for any violation of law.You also agree that the and the Service shall be deemed a passive and service that does not give rise to personal jurisdiction over Building Families, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
Force Majeure. We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather , acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slowdowns over the internet or any third party internet service providers.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and the other provisions of this Agreement remain in full force and effect.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to Building Families at firstname.lastname@example.org.
Last Modified on June 7, 2021
Our Privacy Commitment
1. What information do we collect about you and how do we use it?
2. How do we use the information you give us?
3. Will we share your personal information with third parties?
4. What choices do you have about the collection and use of your personal information?
5. What security measures do we take to safeguard your personal information?
1. TYPES OF INFORMATION WE COLLECT
1.1. Personal Identifiable Information. Personal identifiable information (“PII”) is information that can be used to identify and contact you. The Service is a passive website, meant to inform our users. Thus, generally, we do not collect PII from the users of our Service. However, Building Families may collect PII from you in case of your requests for technical support or legal requests for copyright.
Through cookies and Wix, we may also collect other technical information from users of the Service, including their IP address (the set of numbers associated with your computer), device and/or operating system type, access times, and geolocational information.
We would only use this information to collect further Analytical Data to better support and tweak the Service and experience to better meet your tastes and expectations.
1.3. Children’s Privacy. We do not knowingly collect any personal information from children under the age of 13, allow them to use the Service. Building Families takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line. If you have any concerns about your child’s personal information, please contact us at email@example.com.
2. HOW WE USE INFORMATION WE COLLECT
2.1. General Use. We may use your PII and other non-personal information for all legal purposes, including the following:
• Providing Technical Support: We use your personal information to provide technical support that you may request in using our Service.
• Responding to Copyright Disputes: We may also use your PII in response to copyright disputes that you may submit through the DMCA process.
• Fine-tuning the Services: We use your comments, feedback and cookie information to better tune the Services to address your needs and desires for information.
• Creating aggregated statistical data and other aggregated or non-inferred non-personal information, which we or our business partners may use to provide and improve our Service.
• Complying with applicable laws and regulations.
2.2. Communications. Building Families, in connection with requests for Technical Support or Copyright Disputes, we may contact you from our email at firstname.lastname@example.org. We will never attempt to contact you (a) regarding a matter unrelated to your prior message; (b) for solicitation; and/or (c) without a prior message from you relating to an issue with the Service.
3. SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES. We will share the personal information we collect from you under the following circumstances:
3.1. Protection of Rights. Building Families will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iii) such action is appropriate to protect the rights, property or safety of Building Families, its employees, clients, or users of the Service.
3.2. Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Building Families' assets or a line of business, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, Building Families will use reasonable means to notify you through a prominent notice on the Service. By sharing your personal information with Building Families, you are giving Building Families consent to transfer your personal information to a third party in an asset transfer described here.
OUR SERVICE IS HOSTED ON THE WIX PLATFORM, AS SUCH, YOUR DATA MAY BE STORED THROUGH WIX'S APPLICATIONS AND DATABASES. PLEASE BE AWARE THAT WE CANNOT CONTROL THE ACTIVITIES OF THIRD PARTIES TO WHOM WE PROVIDE DATA. WE WORK ON THE ASSURANCES FROM THIRD PARTIES THAT THEY WILL ADHERE TO PRIVACY AND SECURITY PROCEDURES THAT MEET THE SAME STANDARDS WE UPHOLD, BUT WE CANNOT GUARANTEE, NOR DO WE TAKE RESPONSIBILITY FOR THEIR ACTIONS.
4.1. Control of Your Information. Building Families allows you to control the way we use PII that we might obtain. You may opt out of any disclosure of personal data to a third party or the use of data for any purpose other than the one for which it was initially collected by emailing us at email@example.com. You must provide us with the email address previously submitted to us regarding the Service and the details of your privacy request.
4.2. Data Retention. Building Families does not intend or plan to retain any personally identifiable data on any users of the Service. Building Families reserves the rights to retain information as necessary to improve the Service and respond to legal requests. You may have the opportunity to opt-out of certain communications and modify any demographic information you've provided. Please be aware this may take several hours to be reflected.
Upon an event requiring deletion of your account data under law, Building Families deletes all the above-mentioned data in its possession within a reasonable timeframe. Building Families does not verify the correctness of personal data.
In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We take reasonable steps and appropriate measures to protect data from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
Please note that some data may be retained if necessary to resolve disputes, enforce Building Families's user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Service.
5. CALIFORIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS.
5.1. California Civil Code Section 1798.83. California Civil Code Section 1798.83 permits users who are residents of the state of California to request information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
5.2. California Consumer Privacy Act of 2018. In compliance with California's Consumer Privacy Act of 2018, users who are residents of California may request, with verification to prove the user's identity:
• Categories of personal information to be collected and the specific pieces of information at least twice per twelve-month period
• Deletion of personal information the Building Families has collected from the user
• Categories, sources, commercial/business purposes of information collected about that user
• Categories of third parties with whom the business shares personal information
• Specific pieces of personal information it has collected
• An opt-out, should Building Families decide to sell personal information about the consumer
California residents should note that some requests may be subject to limitations, such as–but not limited to–completing transactions, debugging errors, or complying with a legal obligation. To make such a request as described above, please contact us at email@example.com.
6. EU RESIDENTS: YOUR GDPR RIGHTS. If you're a resident of the European Union, we are surprised to have you here. It should be noted that the Service provides information mostly pertaining to those in the State of California. However, as a European Union Resident, you enjoy certain protections under the General Data Protection Regulation or GDPR. The GDPR is a new piece of legislation applying to users residing within the European Union. In compliance with the GDPR, users who are residents of the European Union may request:
6.1. Access copies of any personal data concerning you, as a user of the service, to be received by you within one month.
6.2. Corrections of inaccurate data concerning you as a user of the service.
6.3. Deletion of your data if any of the following apply:
• You believe we no longer need your information.
• You've withdrawn consent to process your data.
• You've objected to automatic processing.
• You believe processing of your data is unlawful.
• You have a right under your country's law to have data erased.
• You were a user of the services when you were 16 years old or younger.
6.4. Your personal data for your possession or re-use for your own purposes.
6.5. An objection to processing of personal data for direct marketing purposes with grounds on why the user believes the processing would be unlawful.
6.6. Limitations in the way we use your personal data if any of the following apply:
• Personal data that was provided to us is incorrect
• You believe the processing is unlawful and you do not wish to delete your data
• You believe Building Families no longer needs the data
• You have objected to processing.
6.7. Rejecting decisions based only on automated processing that produce legal effects concerning them.
The rights above may be subject to certain conditions, such as¬–but not limited to–Building Family's need to comply with enforcement of civil law claims; prevention, detection, or prosecution of criminal offenses; or the rights of others. EU Residents should notify us of any of these requests at firstname.lastname@example.org.
8. EU DISPUTE RESOLUTION. While we hope that if you're in the EU you enjoy our Service, if you have inquiries or complaints please contact us first at email@example.com. We will respond within 45 days. In compliance with the EU-US Privacy Shield Principles, Building Families is committed to resolving complaints about our collection or use of your personal information.
9. INTERNATIONAL TRANSFER. Personal information collected on the Service may be stored and processed in the United States or any other country in which Building Families or its affiliates, subsidiaries or agents maintain facilities, and by using the Service, you consent to any such transfer of information outside of your country.
11. SECURITY MEASURES WE TAKE TO SAFEGUARD YOUR PERSONAL INFORMATION. We treat data private information that must be protected against loss and unauthorized access. To safeguard the confidentiality and security of your PII, we may use industry standard practices and technologies including but not limited to firewalls, encrypted transmission and data encryption of sensitive personal information when it is stored to disk.
However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.