Last Updated: October 20, 2023

These Content Provider’s Terms & Conditions of Service (“Agreement”) set forth below are binding agreement between you (“you”, or “your” or “Content Provider”, as applicable) and BuildWitt Media Group, LLC (“BuildWitt”, or “we” or “us” or “our”)) and governing your use of our website available at https://training.buildwitt.com/ and any other website that provides a link to these terms (the “Website”). By accessing and using the Website, you represent and warrant that you (a) have read and understand this Agreement; (b) you are a person at least eighteen years-old and legally able to enter into a contract; and (c) accept this Agreement and agree you are legally bound to its terms. If you represent a Content Provider, you warrant that you have the authority to agree to this Agreement on behalf of yourself and the Content Provider. If you do not agree to the terms of this Agreement, do not access or use the Website. THESE TERMS INCLUDE A CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND BINDING ARBITRATION PROVISION TO RESOLVE DISPUTES. PLEASE REVIEW CAREFULLY.

From time to time, BuildWitt may, in its sole discretion, change, modify, supplement or remove portions of this Agreement. Such changes shall become effective upon posting by BuildWitt on the Website at https://buildwitt.com/training-content-provider-terms, or sending you an email or other notification. You will be deemed to have agreed to such change by your decision to continue accessing the Website following the date in which such changes become effective.

Services

BuildWitt Training is dedicated to streamlining construction training and help people grow faster by making content available on our Website (the “Services”). Except for the limited rights granted under this Agreement, you do not acquire any ownership interest in the Website or Services under this Agreement, and all rights, title, and interests in the Services and Website will remain with BuildWitt and its licensors and service providers, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

BuildWitt may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement. You acknowledge and agree that at times the Website or Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which BuildWitt may undertake from time to time without notice to you; or (c) causes which are beyond the control of BuildWitt or which are not reasonably foreseeable. Further, the Website is intended for educational and informative purposes only. When you access the Website, use the Website Services, download or upload content on the Website, proceed to other websites linked to the Website, or interact with the Website in any manner, you do so at your own discretion and risk. We make no representations or warranties about the accuracy, reliability, or availability of the information accessible at the Website.

Your Account

You alone are responsible for your activities and interaction with the Services, including, but not limited maintaining the security of your account, protection of information (e.g. your password), and all uses of the Services from account. You also agree that we are not responsible for any unauthorized use of your account. Other than for purposes of logging into your account, we will never request your password. If you suspect that your account for the Services has been compromised, you should immediately change your password and contact us. 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.

Restrictions and Code of Conduct

  • In the course of using the Services, you agree you will not: use the Website in any manner that could damage, disable, overburden, or impair any Website servers, or the network(s) connected to any Website server, or interfere with any other party’s use and enjoyment of the Website;
  • attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Website server or to any of the websites linked to the Website through hacking, password mining or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website;
  • use any metatags or any other “hidden text” utilizing any part of the Website or BuildWitt name, service or trademarks or trade dress without the express written consent of BuildWitt;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • 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;
  • use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  • 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;
  • provide any information that is intentionally or unintentionally, false, misleading, or misrepresents any facts or circumstances, or does not comply with applicable law;
  • harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  • use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  • any attempt to reverse engineer or reconstruct any portion of the Website;
  • if you are a Content Consumer, will not copy, reproduce, or plagiarize any information, data, or content from the Website;
  • share your login information or allow third parties to utilize your login information to access any part of the Website; or
  • engage in any acts or omissions that BuildWitt believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.

Your Content

You will provide us content in connection with your use of the Services, including, but not limited to, photos, training videos, text, branding, comments, or other materials or content that you will make accessible in connection with your use of the Services or on the Website (“Your Information”). You will retain ownership rights in Your Information and represent and warrant that Your Information is accurate, complete, up-to-date, and that you have the necessary licenses, rights, consents, and permissions to use and authorize BuildWitt to use Your Information in the manner contemplated by this Agreement and that Your Information will comply with the Restrictions and Code of Conduct set forth above.

By uploading or providing Your Information on the Website, you grant BuildWitt a royalty-free, non-exclusive right to access and use, reproduce, modify, edit, adapt, publish, distribute, perform and display Your Information on the Website, on our social media pages, and in connection with the Service, which may include making Your Information available to BuildWitt’s licensors, service providers, and other customers and customer crew. Subject to the terms set forth in this Agreement, you may remove Your Information at any time by providing us notice at partnerlibrary@buildwitt.com and we will remove Your Information within one hundred twenty (120) days of our receipt of your notice.

To the extent you provide us any feedback or suggestions regarding the Services, including, without limitation, new features or functionality related thereto, or any comments, questions, or suggestions, we are free to use such feedback without any compensation or attribution to you. Further, Your Information that is personal information is subject to our Privacy Policy (https://www.buildwitt.com/privacy-policy) (the “Privacy Policy”). By providing Your Information to or through the Services, you consent to all actions taken by BuildWitt with respect to Your Information in compliance with the Privacy Policy.

Complaints Regarding Content

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@BuildWittJobs.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 Website 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.

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@BuildWittJobs.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 Northern District of California, 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@buildwitt.com.

Third Party Materials

The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that BuildWitt is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BuildWitt does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement will remain in full force and effect while you use the Services (including our Website). BuildWitt may terminate this Agreement or all or any portion of the Services or remove Your Information at any time without notice to you for any reason in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate, including, but not limited any rights set forth in Section 1 of this Agreement; and (b) you must cease all use of the Website. Termination will not limit any of BuildWitt’s rights or remedies at law or in equity and any provisions of this Agreement that by its terms has application to events following termination shall remain in full force and effect.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUILDWITT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR PERSONAL INJURY, REPUTATION (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS), PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO YOUR INFORMATION), LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BUILDWITT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUILDWITT AND ITS AFFILIATES LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO BUILDWITT FOR THE SERVICES WITHIN THE PAST SIX (6) MONTHS, IF ANY, OR (B) $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BUILDWITT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BUILDWITT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless BuildWitt and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to: (a) your use or misuse of the Services; (b) your breach of this Agreement; or (c) use of Your Information, including infringement claims, or any data or results derived therefrom in your use of the Services.

Export Regulation

The Services may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the United States.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Dispute Resolution Procedures

If you believe we have breached this Agreement or our provision of the Services to you, you agree that as a material provision of this Agreement that you will provide us with a detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency prior to commencing any arbitration proceeding against us as set forth below. If the BuildWitt takes steps to fix the issue, but the fix cannot be completed within the thirty (30) day time period, then the BuildWitt shall continue to have the opportunity to fix the issue without you bringing a legal claim so long as the BuildWitt uses commercially reasonable means without undue delay to resolve the issue. During the aforementioned cure periods, any applicable statute of limitations period will be automatically tolled. If the BuildWitt provides written notice to you that it is waiving this Section or otherwise is not pursuing a resolution to your proposed claims, the tolling period shall automatically cease within three (3) days of such notice being provided to you. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of this Agreement 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./p>

Governing Law and Binding Arbitration

This Agreement is governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this Agreement, or the Services 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 Nashville, 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 Nashville, 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.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERIVCES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver of Jury Trial and Class Action

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 THIS AGREEMENT. FURTHER, EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

Unless you have entered into a separate written agreement with us, this Agreement and our Privacy Policy constitute the entire agreement between you and BuildWitt with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. If you use the services of any of our affiliates, then such services may be subject to and governed by a separate services or license agreement.