SELECT:
  • TERMS OF SERVICE
  • END USER LICENSE AGREEMENT


    Terms of Service & User Agreement



    Welcome to the Virtual Builders Exchange, LLCs' Virtual Planroom provided in conjunction with the Builders Exchange of Texas, Inc. Use of this service constitutes agreement to abide by the rules and regulations of the system, as promulgated by the webmaster from time to time, including acceptance of the following terms and conditions:


    The Virtual Planroom contains information about plans, bidders and other matters that may be of interest to members and subscribers of the Virtual Builders Exchange and the Builders Exchange of Texas. Information reported in the project files is based on a review of the specifications, no plans have been reviewed. Efforts have been made to assure the accuracy of the information reported, but the Virtual Builders Exchange, LLC. and the Builders' Exchange of Texas offers no warranty, expressed of implied, that any of the reported information is accurate. The best source of information for project files are the actual plans and specifications maintained at the Virtual Builders Exchange, LLC. or the issuing authority.


    The Virtual Builders Exchange, LLC and the Builders Exchange of Texas expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose, in connection with the use or operation of the Virtual Planroom.


    The Virtual Builders Exchange, LLC and the Builders' Exchange of Texas will not be liable for any losses, including lost data, information, profits or any other incidents of consequential damages that may be sustained or arise out of the use, operation or ability to use or operate the Virtual Planroom. In consideration for the privilege of using the Virtual Planroom, users hereby release the Virtual Builders Exchange, LLC and the Builders' Exchange of Texas, Inc., their officers, employees, and the webmaster from any and all claims arising from the use of this system.


    The information on the Virtual Planroom is provided for the use of Virtual Builders Exchange, LLC and the Builders' Exchange of Texas' members and subscribers, replication other than for estimating purposes is strictly prohibited.


    The Virtual Planroom may be used only by employees of the member or subscriber using the username and password that was provided by the Virtual Builders Exchange, LLC for that member or subscriber. The Virtual Planroom may not be used or accessed by any other person or entity, including but not limited to, employees of any entity which is not wholly-owned by member or subscriber. In addition to and notwithstanding anything to the contrary herein, the Virtual Planroom may not in any event be used or be permitted to be used in any manner that is competitive with Virtual Builders Exchange, LLC distribution of the Services.


    The member or subscriber shall not, except as expressly permitted herein, copy, modify, alter, sell, transfer, license, assign, publish, distribute, disseminate, allow access to or convey any portion of the Virtual Planroom, or any derivation, revision or combination thereof. The member or subscriber expressly acknowledges that the Virtual Planroom were prepared by Virtual Builders Exchange, LLC and/or its licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The member or subscriber shall keep any usernames and passwords strictly confidential and such usernames and passwords shall not be disclosed to anyone not an employee of the member or subscriber.


    The Virtual Builders Exchange, LLC and the Builders' Exchange of Texas reserves the right to control or limit access to the Virtual Planroom. Access may be denied at any time for any reason. Access will be denied to any individual or company who makes use of the Virtual Planroom for improper purposes. Access will be denied to anyone who uses obscene, abrasive or otherwise questionable language on this system.


    The Virtual Builders Exchange, LLC and the Builders' Exchange of Texas reserves the right to monitor all information stored in any files programs or messages as well as the right to delete or edit any file, program or message that contains, in the sole discretion of the Virtual Builders Exchange, LLC or the Builders' Exchange of Texas, any obscene, abrasive or otherwise objectionable language or material.


    The member or subscriber agrees to protect all copyright and other proprietary rights of Virtual Builders Exchange, LLC and/or its licensors in the Virtual Planroom and to comply with reasonable written requests made by Virtual Builders Exchange, LLC to protect the Virtual Builders Exchange, LLC and/or its licensors' proprietary rights in the Virtual Planroom. The documents contained on this system may contain copyrighted materials owned by other third parties, including architects, engineers or others. These copyrighted materials are protected under U.S. Copyright law, Title 17, United States Code. Any reproduction, alteration or reuse of these materials without express written permission of the copyright owner is prohibited, except that an authorized member or subscriber may reproduce the documents for use in preparing bids or proposals pursuant to a request to bid on the project represented in the plans.


    Dated 04.24.2009





    "End User Licence Agreement for Virtual Builders Exchange:"


    IMPORTANT - READ CAREFULLY: This End User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The Virtual Builders Exchange ("ACCESS MANAGER") regarding the use of the software product identified above ("SOFTWARE"). The SOFTWARE includes computer software, the associated media, any hardware supplied with the SOFTWARE, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.


    *** If you do not agree to the terms of this EULA, Virtual Builders Exchange is unwilling to licence the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you should promptly contact Virtual Builders Exchange for instructions on return of the unused product for a refund. ***


    SOFTWARE PRODUCT LICENCE The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual properties and treaties. The SOFTWARE is licensed, not sold.


    1. GRANT OF LICENCE. This EULA grants you the following rights: - Software. You may install and use multiple copies of the SOFTWARE on multiple computers at a time. You may store or install a copy of the computer software portion of the SOFTWARE on a computer to allow your other computers to use the SOFTWARE over an internal network, and distribute the SOFTWARE to your other computers on an internal network ONLY if you have purchased the appropriate license to allow you to do this. However, you must acquire a seat license for the SOFTWARE for each computer on which the SOFTWARE is used or to which it is distributed. A licence for the SOFTWARE may not be shared or used concurrently on different computers. - Back-Up Copies. You may make a single back-up copy of the SOFTWARE, to be used solely for archival purposes.


    2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS - Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. - Separation of Components. This SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one machine. - Rental. You may not lease or rent the SOFTWARE. - Software transfer. You may permanently transfer all of your rights under this EULA provided you retain no copies, you transfer all of the SOFTWARE (including component parts, the media and printed materials, any upgrades, this EULA, and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. - Termination. Without prejudice to any other rights, Virtual Builders Exchange may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.


    3. UPGRADES If the SOFTWARE is an upgrade from another product, whether from Virtual Builders Exchange or another supplier, you may use or transfer the SOFTWARE only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE is an upgrade of an Virtual Builders Exchange product, you now may use that upgraded product only in accordance with this EULA.


    4. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, data and "applets" incorporated into the SOFTWARE, are owned by Virtual Builders Exchange or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE. This software, and accompanying documentation, contain valuable trade secrets belonging to Virtual Builders Exchange; and the licensee agrees to not disclose, in any manner, to any third party, any information pertaining to this software and the copy protection techniques it employs. The licensee agrees not (or allow any one else to): reverse engineer, decompile, disassemble it, or any way attempt to examine the algorithms used.


    5. LIMITED WARRANTY Virtual Builders Exchange warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt (b) any Virtual Builders Exchange hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Virtual Builders Exchange hardware are limited to ninety (90) days and one (1) year respectively.


    6. CUSTOMER REMEDIES Virtual Builders Exchange's and its suppliers' entire liability and your exclusive remedy shall be, at Virtual Builders Exchange's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Virtual Builders Exchange with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse or misapplication. Any replacement of SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 7. NO OTHER WARRANTIES To the maximum extent permitted by applicable law, Virtual Builders Exchange and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights.


    8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES To the maximum extent permitted by applicable law, in no event shall Virtual Builders Exchange or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use this product, even if Virtual Builders Exchange has been advised of the possibility of such damages. In any case, Virtual Builders Exchange's and it's suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or hardware. This Software Licence Agreement is governed by the law. If you do not accept this agreement, select 'disagree' and then press the button labeled 'NEXT.' Your purchase price will be refunded or invoice canceled."


    Dated 04.24.2009

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