Last updated June 19, 2024

In consideration for accessing and using https://connect.buildwittprodn.wpengine.com and its subpages and content (collectively, the “Site”), our BuildWitt Connect Web Application (“App”), and other online products or services that link to these Terms of Use through the Site or App (collectively, the “Services”), you accept and agree to be bound by the terms and provisions of these Terms of Use (these “TOU”).  The terms of these TOU apply to, and govern, your use of all webpages and content contained within the Site, App, and Services provided and your relationship with BuildWitt Media Group, LLC, a Tennessee limited liability company (“BuildWitt”, “us,” “we,” or “our”). You agree that by clicking “Join Now” or “Sign Up”, or similar, or by using our Site, App, or Services, you are agreeing into entering into an Agreement with BuildWitt.

By using the Site, App, or Services, you signify and agree that you have read, understood, and agree or consent to be bound by these TOU. If you do not agree with or consent to being bound to any of the TOU, you are not authorized to use our Site, App, or Services. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Policy (“Privacy Policy”). As provided in greater detail in these TOU (and without limiting the express language of these TOU), you acknowledge the following:

  • each component of our Site, App, and Services is licensed, not sold, to you, and you may use the Site, App, or Services only as set forth in these TOU;
  • the use of the Site, App, and Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
  • you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;
  • the Site, App, and Services are provided “as is” without warranties of any kind and our liability to you is limited;
  • disputes arising under these TOU will be resolved by binding arbitration, as described below; and
  • if you are using our App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” below.

If you are using the Site, App, or Services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOU and the Privacy Policy.

1. Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOU and the Privacy Policy.  Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site, App, or Services or otherwise to BuildWitt.

2. Third-Party Software

The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these TOU is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these TOU is intended to impose further restrictions on your use of the third-party software.

Notice Regarding Apple
You acknowledge that these TOU are between you and BuildWitt only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using any App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this section of these TOU, and upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these TOU against you as a third-party beneficiary of these TOU.

You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If BuildWitt provides a translation of the English language version of these TOU, the translation is provided solely for convenience, and the English version will prevail.

3. Target Audience

This Site, App, and Services are intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using the Site, App, or Services, you represent, warrant, and agree that you are at least eighteen (18) years of age or older.

If you are using the Site, App, or Services on behalf of any person, you represent and warrant that you are authorized to accept these TOU on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these TOU.

4. Accounts and Account Security

  1. Eligibility: You must be at least 18 years of age to use our Site, App, and Services. By agreeing to these TOU, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Site, App, or Services; and (c) your registration and your use of the Site, App, or Services complies with all applicable laws and regulations. If you are using the Site, App, or Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these TOU and that you agree on behalf of that entity, organization, or company to be bound by these TOU.
  2. Registration: Anyone who is otherwise eligible to use the Site, App, or Services in accordance with these TOU may browse the public-facing pages of the Site, App, and Services. But to use most features of the Site, App, or Services, you must create an account (“Account”). Individuals with an account are “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”

  3. Account Security: You are responsible for maintaining the security of your Account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Account.  You also agree that BuildWitt is not responsible for any unauthorized use of your Account or unauthorized payment methods.  You may not share your login information with anyone. Other than for purposes of logging into your Account, BuildWitt will never request your password.  If you suspect that your Account or login information has been compromised, you should immediately change your password and contact BuildWitt.

    You further agree to promptly notify BuildWitt of any security breach relating to your Account.  Such notices should be sent to security@buildwittprodn.wpengine.com.

    BuildWitt encourages all Users to proactively take steps to enhance their personal security measures.  These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords and preventing the disclosure of passwords to any third parties.

    If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify BuildWitt via e-mail at security@buildwittprodn.wpengine.com. You will be solely responsible for the losses incurred by BuildWitt and others due to any unauthorized use of your Account.

5. Restrictions, Ownership, and License

The materials provided, contained in or made available for use in connection with the Site, App, or Services (collectively, the “Materials”) are protected by law, including, but not limited to United States (U.S.) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Site, App, and Services are controlled and operated by BuildWitt from within the U.S. BuildWitt makes no representation that any of the Site, App, Services, or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Site, App, or Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site, App, and Services and the Materials belong to BuildWitt or the licensor of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Site, App, and Services and the Materials are proprietary information or proprietary marks of BuildWitt or the licensor of the material. The compilation of all content, including the look and feel of the Site, App, and Services, is the exclusive property of BuildWitt and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these TOU or elsewhere shall be construed as BuildWitt conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to the Site, App, or Services or any of the Materials to you.

You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Site, App, and Services in accordance with these TOU. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Site, App, or Services (including the Materials). Further, you may not reproduce any part of the Site, App, or Services (including the Materials) and any such violation with respect to the Site, App, or Services will terminate the license(s) granted herein.

You also may not, without the permission of BuildWitt, “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution. All submissions, suggestions, ideas, and other feedback regarding the Site, App, or Services (the “Submission”), except your personal information, communicated to BuildWitt including through the Site, App, or Services, is and shall become the sole and exclusive property of BuildWitt. BuildWitt is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future BuildWitt endeavors. BuildWitt will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not BuildWitt, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. BuildWitt has the right but not the obligation to monitor and edit or remove any activity or content. BuildWitt takes no responsibility and assumes no liability for any content posted by you or any third party.

The trademarks, service marks, and logos, including but not limited to BuildWitt’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Site, App, or Services (including the Materials) are registered and unregistered Trademarks of BuildWitt or others. Nothing on the Site, App, or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, App, or Services (including the Materials), without the written permission of the Trademark owner. BuildWitt’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, App, or Services, without prior, written permission of BuildWitt. BuildWitt prohibits use of the BuildWitt and/or BuildWitt’s logo as a “hot” link to any website unless BuildWitt first approves the establishment of such a link writing.

6. User Conduct

You agree that your use of Site, App, and Services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOU and the Privacy Policy.  You agree to not use the Site, App, or Services or anything related to the Site, App, or Services, or any other services offered by BuildWitt for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  With respect to use of the Site, App, and Services, you agree:

  1. You will not use the Site, App, or Services in any manner that could damage, disable, overburden, or impair any Site or App servers, or the network(s) connected to any Site or App server, or interfere with any other party’s use and enjoyment of the Site or App;
  2. You will comply with all applicable laws, including, but not limited to, regulatory laws, privacy laws, intellectual property laws, anti-spam laws, and tax laws;
  3. You will not attempt to gain unauthorized access to the Site, App, or Services, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
  4. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, App, or Services;
  5. You will not create a false identity on the Site;
  6. You will only disclose information that you have consent to disclose;
  7. You will not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
  8. You will not use any metatags or any other “hidden text” utilizing any part of the Site, App, or Services or BuildWitt’s name, service or trademarks or trade dress without the express written consent of BuildWitt;
  9. You will use your real name on your profile;
  10. You will use the Site, App, or Services in a professional manner;
  11. You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  12. You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  13. You will not upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  14. You will not use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  15. You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
  16. You will not harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  17. You will not use the Site, App, or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  18. You will not direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services without prior written authorization from BuildWitt;
  19. You will not use the Site, App, or Services or tools if you are not able to form legally binding contracts;
  20. You will not attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site, App, or Services administrator;
  21. You will not attempt to reverse engineer or reconstruct any portion of the Site, App, or Services;
  22. You will not fail to abide by, or breach, the Site, App, or Services’ or third-party vendor’s, terms of service or any other policies applicable to the Site;
  23. You will not share your login information or allow third parties to utilize your login information to access any part of the Site, App, or Services; or
  24. You will not engage in any acts or omissions that BuildWitt believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site, App, or Services.  You further agree that to the extent you are using the Site, App, or Services for the purposes related to BuildWitt you will adhere to all applicable State and Federal laws and regulations.

Reports of Abuse
If you have any reason to believe that content on the Site, App, or Services violates any law, that any user of the Site, App, or Services is using Site, App, or Services to violate the law, or that any User is violating these TOU or the Privacy Policy, you may inform BuildWitt in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below.  BuildWitt may, but is not obligated, to conduct an investigation into the allegations.  BuildWitt reserves the right to remove accounts, content, or postings that from the Site, App, or Services, BuildWitt, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will BuildWitt be liable to you for your failure to retain necessary records, nor will BuildWitt’s retention or non-retention of records act to alleviate your duty under the law.

7. Third-Party Content

The Site, App, or Services may contain links to or from third-party websites. BuildWitt has no control over the content or privacy policies of third-party websites that you may link to from the Site, App, or Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. BuildWitt is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by BuildWitt.

Third Party Intellectual Property Rights
Various goods that may be available for purchase on the Site, Apps, or Services may be branded materials or otherwise contain intellectual property rights owned by third parties.  The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor BuildWitt shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

8. User Content

  1. Messages: The Site, App, or Services may allow Users to send messages (“Messages”) to other Users. If BuildWitt provides a functionality for Users to send Messages through the Site, App, or Services, it may withdraw that functionality in respect of particular Users or Accounts if the User or any other Users accessing the Site, App, or Services through the Account materially or consistently breach any of these TOU or otherwise use the functionality to send Messages contain content that is illegal, harmful, indecent, offensive or otherwise objectionable. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to security@buildwittprodn.wpengine.com. You acknowledge that BuildWitt may monitor Messages for compliance with these TOU, or access and share Messages with others, such as relevant Administrators or law enforcement, in connection with enforcing these TOU, investigating User complaints or to comply with applicable law or court order. Please see BuildWitt’s Privacy Policy for more information.
  2. Content Generally: All forms of content that Users share with one another or with BuildWitt through our Site, App, or Services are collectively referred to as “User Content.”
  3. Limited License Grant to BuildWitt: You grant, and you represent and warrant that you have all rights necessary to grant, to BuildWitt a worldwide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Site, App, or Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Site, App, or Services you elect to utilize. BuildWitt may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. BuildWitt will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Site, App, or Services you utilize unless you tell us to.
  4. Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Site, App, or Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these TOU and the functionality of the Site, App, or Services.
  5. Content Disclaimer: You understand that by using the Site, App, or Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from BuildWitt, that may contain errors, be offensive, indecent, or objectionable. You use the Site, App, or Services, and rely upon any Materials or Services, at your sole risk. BuildWitt will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. BuildWitt may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these TOU or is otherwise objectionable.
  6. Creator Terms and Conditions: The Site, App, or Services may enable creators and brands who are forming communities through the Site, App, or Services to present their own terms and conditions and privacy notices to Users participating in their communities. By participating in any such community or by accepting the creator’s terms and conditions and privacy notice online, you thereby signify that you have read and agree to such terms and conditions and privacy notice. Such terms and conditions and privacy notices must not conflict with any terms and conditions of these TOU or our Privacy Policy. Your use of the Site, App, or Services in connection with such communities shall be subject to such creator terms and conditions and privacy notice in addition to these TOU and our Privacy Policy. Any creator User presenting terms and conditions and privacy notices is solely responsible for the content therein and whether or not it is enforceable on the User community members, and we hereby disclaim all responsibility and liability in connection therewith, and creator content and activities on the Site, App, or Services shall be treated as Third-Party Materials, third-party content and third-party services under these TOU.

9. Modifications to Terms of Use and Privacy Policy

You understand that the terms of these TOU and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site, App, or Services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOU or Privacy Policy, you must notify BuildWitt in writing within the ten-day (10) time period described above and immediately discontinue use of any Site, App, and Services.

10. Suspensions and Terminations

We reserve the right to cancel or terminate your use of  the Site, App, and Services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOU or any other obligation to BuildWitt. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOU and the Privacy Policy: (i) your failure to abide by any provision of these TOU and the Privacy Policy; (ii) your failure to pay any amounts due to BuildWitt; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by BuildWitt.

If any of the foregoing events occurs and we deem it a material breach by you of these TOU and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that BuildWitt is not obligated to send any such notice of default and may immediately suspend or terminate your Site, App, and Services account without notice.  In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

11. DMCA Notice

We respect your intellectual property rights and the intellectual property rights of others. If you believe that your copyright has been infringed, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), you may provide us written notice to dmcacomplaints@buildwittprodn.wpengine.com with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed
  3. A description specifying the location on the Site, App, or Services of the material that you claim is infringing;
  4. Your email address and your mailing address and/or telephone number;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The above information must be submitted to our DMCA Agent using the following contact information:

BuildWitt Media Group, LLC
Attn: DMCA Agent
1400 Adams St
Suite 202
Nashville, TN 37208
Email: dmcacomplaints@buildwittprodn.wpengine.com

If you believe that a notice of copyright infringement has been improperly submitted against you, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, you may submit a written counter-notice to us at dmcacomplaints@buildwittprodn.wpengine.com, which contains:

  1. Your physical or electronic signature;
  2. Identification of the material removed or to which access has been disabled;
  3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  4. Your full name, your email address, your mailing address; and
  5. A statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States; or (ii) located in the Middle District of Tennessee, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/or authorized agent.

For any other intellectual property complaints or disputes, please contact us at dmcacomplaints@buildwittprodn.wpengine.com.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site, App, or Services and/or terminate our Service Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. DISCLAIMER OF WARRANTIES

The User Content has been made available through the Site, App, or Services for informational and educational purposes only. The access and use of the User Content, including any downloading or uploading of content from or to the Site, App, or Services, is done so at the Users’ own discretion and risk except to the extent of any damage directly caused by the Site, App, or Services. In other words, Users are solely responsible for any damage done to any computer, electronic device, or other property used to access or use the Site, App, or Services, including but not limited to the loss of money through corruption of data, except to the extent of any damage directly caused by the Site, App, or Services. BuildWitt does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the User Content or the Site, App, or Services. User also acknowledges that it uses the User Content at its sole risk.  User maintains the sole obligation to ensure compliance with all applicable laws to User.  User hereby covenants not to sue and hereby waives all claims to the maximum extent of the law against BuildWitt related to User’s non-compliance with applicable law, regardless if the User Content is utilized. User Content may be removed, amended, supplemented, and/or replaced without notice. User agrees and acknowledges that it has not entered into this Agreement under any representation or reliance that any particular User Content will or shall remain available.

THE SITE, APP, SERVICES, MATERIALS, AND ALL USER CONTENT THEREIN ARE PROVIDED “AS IS”.  BUILDWITT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, BUILDWITT MAKES NO WARRANTY OF ANY KIND THAT THE SITE, APP, SERVICES, MATERIALS, OR USER CONTENT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR OTHER PERSONS’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

BUILDWITT DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SITE, APP, OR SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SITE, APP, OR SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SITE, APP, OR SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SITE, APP, OR SERVICES.

ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS AND THIRD-PARTY MATERIALS.  ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. BUILDWITT DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. BUILDWITT IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS. BUILDWITT DOES NOT WARRANTY OR GUARANTEE ANY OF THE AUTHORIZED USERS’ COMPLIANCE WITH LAW.  BUILDWITT IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE, APP, SERVICES, MATERIALS, OR USER CONTENT IS INVOLVED.

BUILDWITT DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. BUILDWITT IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE, APP, OR SERVICES ARE INVOLVED.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SITE, APP, AND SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.

Maintenance/Site Down Time
BuildWitt reserves the right to perform maintenance on the Site, App, and Services whenever it deems reasonably necessary.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.  BuildWitt will attempt to communicate any expected prolonged system outage to Users in advance of such outage.

BuildWitt is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of BuildWitt’s control.

Assumption of Risk
The Site, App, and Services are intended for information purposes only.  When you access the Site, App, or Services, download or upload content on the Site, App, or Services, proceed to other websites linked to the Site, App, or Services, or interact with the Site, App, or Services in any manner, you do so at your own discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

13. Indemnification

As a user of the Site, App, or Services, you agree to release, indemnify, defend and hold harmless BuildWitt and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOU or the Privacy Policy, your submissions to the Site, App or Services or otherwise by BuildWitt to you, your use of any services of the Site, App, or Services or provided by BuildWitt or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site, App, or Services for their alleged violations of the law.  Further, if BuildWitt receives a subpoena based on your use of our Site, App, or Services, you hereby agree to and promise to indemnify BuildWitt for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena.  This indemnification obligation is in addition to any other rights or remedies BuildWitt may have in law or equity.

You agree that BuildWitt shall have the right to participate in the defense of any claim asserted against BuildWitt or involving the Site, App, or Services.  You also agree that BuildWitt shall be entitled to retain a counsel of BuildWitt’s own choosing at your cost.  You further agree to notify BuildWitt of your knowledge of any claim against BuildWitt or involving the Site, App, or Services.  You agree to cooperate fully with BuildWitt during such proceedings.

14. Choice of Law, Jurisdiction and Venue

All purchases made through the Site are deemed made within the State of Tennessee.

The terms and conditions of these TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Tennessee, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOU and the Privacy Policy was a contract wholly entered into and wholly performed within Tennessee.

You agree that any claim, dispute, action, or litigation based hereon, relating to or arising out of these TOU, the Privacy Policy, or related to the Site, App, or Services provided by BuildWitt to you shall be brought and maintained exclusively in the state or Federal courts located in Davidson County, Tennessee. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Davidson County, Tennessee, for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

15. ARBITRATION

Except for injunctive relief, you agree that any claim, dispute, action, or litigation based hereon, relating to or arising out of these TOU, the Privacy Policy, or related to the Site, App, or Services provided by us to you shall be brought and maintained exclusively via arbitration (except for injunctive relief). Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, then a location in Davidson County, Tennessee). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees.  If injunctive relief is needed, the Parties agree to exclusively utilize the courts with jurisdiction in Davidson County, Tennessee. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.

16. Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against BuildWitt related to the Site, App, or Services, these TOU, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the Site, App, and Services provided to you by BuildWitt Connect within the six (6) months prior to when your first claim first arose, or $100, whichever is less.  IN NO EVENT SHALL BUILDWITT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, APP, OR SERVICES, INABILITY TO USE THE SITE, APP, OR SERVICES, OR ANY OTHER HARM YOU CLAIM IN WHICH BUILDWITT MAY BE RESPONSIBLE.

17. Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the Site, App, or Services and/or any services provided to you by BuildWitt must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

18. Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOU OR THE PRIVACY POLICY, OR RELATED TO SITE, APP, OR SERVICES.

19. Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.

20. Prior Action Before Formal Claim

You agree that as a material provision of these TOU, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us.  You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law.  Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOU and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period.  This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

21. No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

22. Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these TOU without the prior written consent from BuildWitt. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOU or the Privacy Policy is voidable at BuildWitt’s option.

23. Successors and Assigns

Except as otherwise expressly provided herein, these TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

24. Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by BuildWitt in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, BuildWitt’s election to not assert its rights under these TOU shall not preclude BuildWitt from asserting its rights in the future.

25. Attorneys’ Fees

If BuildWitt prevails in any action, suit, or proceeding arising from or based upon these TOU, BuildWitt shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

26. Termination

You acknowledge and agree that we may terminate or block your use of the Site, App, or Services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOU or the Privacy Policy.  You agree that upon such termination or discontinuance for any reason, BuildWitt may delete all information related to you on or within the Site, App, or Services and may bar your access to and use of Site, App, or Services. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

27. Severability of Terms

If any provision of these TOU or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in these TOU, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

28. Payment and Refunds

Payment
BuildWitt may charge you for services in conjunction with using the Site, App, or Services.  We may assess and collect from you: fees, surcharges, or other supplemental payment required of or imposed on BuildWitt by any governmental, regulatory, or financial institution or entity.  You may make payments for purchases made through the Site to BuildWitt by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, or by using Stripe.  BuildWitt reserves the right to expand or limit its payment options.

In conjunction with each payment you make through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Stripe account and credit card information).  Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site, App, or Services.  You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site, App, or Services and that BuildWitt is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.

Billing
Your debit or credit card on file will be charged monthly, quarterly, or annually based on the terms of your subscription.  If you would like to see your subscriptions, payment history, or payment methods, please log into your account.  You may access it from within your member profile by clicking your profile photo in the community header, then “Billing”, then the corresponding tab.

Refund Policy
All fees paid to BuildWitt or otherwise associated with your use of the Site, App, or Services are non-refundable.

29. Secured Areas

Some portions of the Site, App, and Services are restricted and require authorization for access.  Unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

30. Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, BuildWitt provides email support for Site, App, and Services customers. Support can be reached by sending an email to info-connect@buildwittprodn.wpengine.com.  BuildWitt attempts to respond to customer inquiries within two (2) business days.

31. Consent and Survival of Agreement

By using the Site, App, or Services provided by BuildWitt under these TOU and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOU and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of these TOU and the Privacy Policy.  These terms of these TOU and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site, App, or Services.

32. Notices and Communication

You authorize BuildWitt and its sponsors and affiliates to communicate with you to the full extent allowed by the BuildWitt’s Privacy Policy.  Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site, App, Services or BuildWitt.  If you do not wish to receive bulk e-mail notices or announcements from BuildWitt, please send us an e-mail at the e-mail address listed below.  To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address:

BuildWitt Connect
1400 Adams St
Suite 202
Nashville, TN 37208

You may also send us notices via e-mail to: opt-out@buildwittprodn.wpengine.com so long as you place “LEGAL NOTICE” in the subject line of the email.

You authorize us to send any notices to you based on the contact information you provide us.  We are not responsible if you fail to keep your contact information up to date.

33. Headings

The headings in these TOU are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

34. California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.  The additional Privacy Policy Supplement for California Residents can be accessed by clicking here: Privacy Policy Supplement.

BuildWitt Connect
1400 Adams St Suite 202, Nashville, TN 37208

35. General Contact Information

You can contact BuildWitt at:

BuildWitt Media Group, LLC
1400 ADAMS ST STE 202
NASHVILLE, TN 37208

(615) 461-6910
security@buildwitt.com