Terms of Sale

StartBuild, LLC (“www.startbuild.com”) owns and operate this Website. This document governs your relationship with StartBuild (“www.startbuild.com”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Use"). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, typically 30 days for each cost to build report order, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by StartBuild.com. StartBuild.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.StartBuild.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.StartBuild.comor its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.StartBuild.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. ALL SALES ARE FINAL.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with www.StartBuild.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.StartBuild.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.StartBuild.com or may in some cases be a third party. Where a contract is made with a third party www.StartBuild.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.StartBuild.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.startbuild.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.StartBuild.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.StartBuild.com

Indemnity
You agree to indemnify, defend and hold harmless StartBuild, LLC and www.StartBuild.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation
www.StartBuild.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and StartBuild.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of StartBuild.com.


TERMS OF USE

StartBuild presents an Internet-based Cost to Build (CTB) and database publishing service. Our goal is to provide you with the best web database of new home construction cost reporting and publishing features available on the Web. With StartBuild, you may easily customize your report and estimated construction cost data. We are committed to creating a professional and technically accurate environment for our customers, and we aim to provide you the best possible experience in being productive and informed with our CTB services.

This document describes our rules and conditions for you to access and use
StartBuild CTB and the services we provide. In order to use our service, you
must agree to this Terms of Use. If you do not agree to these conditions,
StartBuild's CTB services are not available to you and you must exit this website
now.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

This StartBuild Terms of Use is effective immediately upon the user's
acceptance of the Terms of Use by clicking the "Submit Registration" button
with the phrase "I have read and I agree to StartBuild's Terms of Use," and
the user's first use of the StartBuild service. By using StartBuild CTB services
administered or controlled by StartBuild, or in any way using StartBuild's
web based services, you consent and agree to be bound to this Terms of Use.

DEFINITION OF TERMS
From this point on, StartBuild is referred to as "StartBuild," "Service,"
"we," "us," or "our." From this point on, you, as the member, also are referred to as "you," "subscriber," "client," or "customer."

From this point on, the equipment and software owned, leased, used by, or
maintained for or by StartBuild are referred to as "the StartBuild system"
or "system."

From this point on, customer files, customer databases, and data content are referred to herein as "customer data."

Information stored in and/or gathered by StartBuild's system about the customer, customer's files, and customer's system usage (customer's meta-information) are referred to herein as "customer profile data."

1. ACTIVITY OF ACCOUNT
StartBuild may remove a customer's data and account from the system if the
Customer does not access his or her account (including access by Data Users) for a period 30 days or more. StartBuild will alert the customer through the email address that was provided upon registration. The Customer agrees that no other notification is necessary, and that an email notification is sufficient and complete. If Customer does not respond to StartBuild before the 30-day period is over, StartBuild will deem the account abandoned and customer's data may be immediately purged from the system.

2. CUSTOMER PROFILE DATA
As the owner of the customer profile data, the Customer is responsible for always providing StartBuild with accurate, timely information about himself/herself.
Customer's contact data must be and will be kept current. StartBuild will use, in good faith, this information to contact the customer about his/her account and customer profile data. If this information is incorrect, or we are unable to utilize it (e.g. customer's e-mail address is not active), then StartBuild's obligation to contact customer is void.

While customer is the owner of his/her customer profile data, StartBuild retains ownership of the storage media which house the customer profile data and related CTB information. Thus, as in any lease-type agreement, we reserve the right to copy, relocate, back up, and remove customer profile data and related CTB data from our system.
Customer data collected in aggregate form is the property of StartBuild.

3. CUSTOMER PRIVACY
StartBuild does not regularly monitor customer data and/or customer profile data unless we believe there is misuse. StartBuild may randomly monitor customer data and/or customer profile data to ensure that misuse does not occur, and may look at customer data/member profile data if we believe that it is necessary to protect ourselves or other members from injury or damage. StartBuild endeavors to respect the privacy of its members but cannot allow the system to be a tool for illegal or other injurious or damaging activities.

DO NOT MISUSE OR ABUSE OUR SYSTEM. YOUR ACCOUNT WILL BE TERMINATED. StartBuild FULLY COOPERATES WITH LEGITIMATE LAW-ENFORCEMENT AUTHORITIES, ESPECIALLY THOSE BASED IN OR AUTHORIZED BY THE UNITED STATES.

StartBuild is not responsible for third-party disclosures of private and/or secret information.

StartBuild may use for its own purposes information gathered regarding subscribers or subscribers' usage, customer profiles, and other customer data and related CTB data. This information may be transferred to external parties in aggregate form.

4. CUSTOMER CONDUCT
Any and all information, data, text, or messages ("Content") in all cases are the sole responsibility of the person from which the Content originated.
By placing Content in StartBuild, the Customer affirms that (1) you are the
Owner of that Content, and (2) the use of such Content does not infringe upon the rights of, or violate the rights of any third party. If a customer persists in usage that we have previously warned him/her should not be or conducted on our system, we reserve the right to take unilateral action up to and including removing the customer's customer data and data content from our system and disabling his/her account. If we discover any customers violating the rules, especially the prohibition against unlawful activities, we will act firmly and swiftly. Depending on the circumstances, the customer involved will be warned, or simply locked out. If the customer has done anything to put us or other customers in jeopardy, we may contact the authorities and explicitly reserve the right to do so.

You agree not to use the Service to:
(a) upload, post, or transmit any Content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, invasive, or racially or ethnically objectionable;
(b) upload, post, or transmit any data that is contaminated with viruses or programs or files that are designed to destroy or hinder computer or telecommunications equipment;
(c) interfere with the Service, servers, or networks related to the Service;
(e) impersonate any person or entity;
(f) upload, post, or transmit any Content that you do not have a right to transmit under any law, contract, or fiduciary relationship
(g) upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) provide instructional information about illegal services

5. LIMITATION OF LIABILITY AND INDEMNITY
StartBuild, nor any party that supplies services or information to StartBuild or the system, does not make any warranty concerning the accuracy of any information found on or exchange through the StartBuild system.

THE MATERIALS AND CONTENT IN AND/OR ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, StartBuild DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. StartBuild DOES NOT WARRANT THAT THE FUNCTIONS AND/OR SERVICES OF StartBuild-RELATED WEB SITES, SOFTWARE, OR OTHER MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SITES OR THE SERVERS THAT MAKE
THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT StartBuild AND ITS PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF StartBuild HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR THE CORRUPTION OF MATERIALS AND DATA STORED ON, STORED IN, OR PROVIDED BY StartBuild, EVEN IF StartBuild OR AN StartBuild
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (5) OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR
LOSS.

In addition, you agree to defend and indemnify us and do hereby hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other customers or third parties.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall StartBuild's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

StartBuild reserves the right to subcontract or otherwise conduct e-commerce services which, among other things, may be used to pay for StartBuild services. Customer agrees to hold StartBuild harmless for any errors and/or omissions made in the conduct of such e-commerce or by such third-party e-commerce service providers.

6. CHOICE OF LAW
Our computer system can be reached by customers from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own state, California, will apply to all matters relating to this Agreement and to our system. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, California, will have exclusive jurisdiction over any such legal actions. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of
California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law).

Unless otherwise agreed in writing, all disputes relating to this Agreement shall be resolved in San Diego County, California.

If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

7. JURISDICTIONAL ISSUES
This site is controlled and operated by StartBuild from its offices within the State of California, United States of America. StartBuild makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The customer agrees to use this service in a manner consistent with any and all applicable laws, whether local, state, federal, national, or by international treaty.

Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported. By downloading or using software from StartBuild, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

8. RULES FOR USE
Do not use our system for anything that might be unlawful. This system may not be used to encourage anything to do with unlawful or illegal activities; StartBuild has zero tolerance for unlawful activity.

Respect the security of our system. Do not try to gain access to system areas private to StartBuild, or to other customers. Some customers try to crack system security just to show it can be done. Do not try to prove this on our system. It is illegal and StartBuild will prosecute those who illegally threaten the system.

Any customer whose activities disrupt or damage the system or its function will be held financially liable for system administration costs incurred in repairing the affected systems. You agree to this.

The customer is responsible for all use of customer's account and confidentiality of customer's password.

StartBuild is not responsible for customer's data content residing on StartBuild equipment. Customer is responsible for independent backup of data stored at StartBuild. Customer assumes all risk of loss of such data and explicitly relieves StartBuild of any responsibility for such data loss.
Customer holds StartBuild harmless for any loss of data arising from customer's use of StartBuild and/or its services, including use of software provided by StartBuild. StartBuild STRONGLY ADVISES ALL OF ITS CLIENTS AND CUSTOMERS TO BACK UP THEIR DATA ON A REGULAR, IF NOT FREQUENT, BASIS.

StartBuild reserves the right to delete customer's data content after one or both parties terminate this agreement or after the 30-day use period.

StartBuild reserves the right, at its sole discretion, to delete any information entered into StartBuild by customer. StartBuild and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

THE CUSTOMER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON StartBuild EQUIPMENT THROUGH CUSTOMER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR
PROPRIETARY RIGHT OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.

Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully.
StartBuild is not liable for protection or privacy of electronic mail and information transferred through the Internet. StartBuild may modify these
Terms of Use upon notification published on the main StartBuild website.
Customer's use of StartBuild services after such notice shall constitute customer's acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent or waiver and StartBuild reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, customer's and StartBuild's agreement on all other paragraphs shall remain valid.

9. RESTRICTIONS OF USE OF MATERIALS
This site is owned and operated by StartBuild. No material from StartBuild or any web site owned, operated, licensed, or controlled by StartBuild may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of StartBuild's copyright and other proprietary rights.
For purposes of this Agreement, the use of any such material on any other
Web site or networked computer environment is prohibited. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the Software (collectively, the "Software") are licensed to you by StartBuild.
StartBuild does not transfer title to the Software to you. You own the medium on which the Software is recorded, but StartBuild retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

10. COPYRIGHT AGENT AND REMOVAL POLICY
StartBuild provides online services for the storage of database content provided by third parties, StartBuild does not tolerate infringing material on its site or servers, and may remove content that appears to infringe any copyright or other intellectual property rights, as well as terminate the online account of any individual or entity who posts infringing material.

If you believe that your copyright in any material has been infringed by an
StartBuild account holder, please notify StartBuild's at TechTeam@StartBuild.com Your notice must include the following information:


1. Identify the copyrighted work that you claim has been infringed;
2. Identify the material on the StartBuild site or servers that you claim is infringing, with enough detail so that we may locate it on the site;
3. Provide your address, telephone number, and e-mail address;
4. Provide a statement declaring under penalty of perjury that
(a) you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law,
(b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
5. Provide your physical or electronic signature.


We will then evaluate your Notice and take such action as is appropriate. Please note that StartBuild will terminate the account of any account holder about whom StartBuild receives repeated complaints of copyright infringement. If you have any questions about this Copyright Policy, please contact at TECHTEAM@StartBuild.COM.

11. TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all StartBuild site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.

This agreement will terminate immediately and without notice from StartBuild if in StartBuild's sole discretion you fail to comply with any term or provision of this agreement. StartBuild, at its sole discretion, may terminate any customer account upon fifteen (15) day notice. StartBuild reserves the right to refuse service to anyone.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.