We reserve the right at any time, with or without cause, to:
Change the terms and conditions of this Agreement
Change the Website, including eliminating or discontinuing any Information or Services or other features of the Website; or
Deny or terminate your use of and/or access to the Website
Permitted Use of Services and Information
The services made available on, by or through the Website, which may include or include, without limitation, Ibuildroads registration, questions, answers, message boards and involvement with Ibuildroads events (collectively the “Services”), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively the “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale. Without the written consent of Ibuildroads, no Information or any other Ibuildroads materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
Ibuildroads permits you to view and print a reasonable number of copies of web pages located on the Website for you own personal use, but not for any for-profit or commercial purpose or for resale; provided that you (a) retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Ibuildroads, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remains the property of Ibuildroads. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Ibuildroads promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Ibuildroads or others.
Postings and Other Submissions
As part of your use of the Website, you may participate in questions, answers, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create questions, answers, post photos, comments, submit any ideas or feedback, or otherwise participate in any Ibuildroads forum, you acknowledge and agree that any postings may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
By posting or providing any Content on the Website, you represent and warrant to Ibuildroads that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit Ibuildroads to use it as stated in the Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in the Agreement.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and grant to us the rights granted in this Agreement, from that person.
If you identify yourself by name or provide a picture or audio or video recording yourself, you further authorize us and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
You further agree that we may use the posted or provided Content in any manner that we deem necessary or appropriate. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligations to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.
Third Party Links
Third Party Products
Descriptions or images of, or references to, third-party products, services or publications on the Website does not imply our endorsement of such products, services and publications, and we are not responsible for and disclaim any endorsement of, any such product, service or publication.
Acceptable Use Policy
You agree to not use the Information, Services or the Website to take any action or actions that:
- are contrary to Ibuildroads’ public image, goodwill or reputation
- infringe on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Website or Services;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or Content of the Website, or any portion thereof, in any manner whatsoever;
- “frame” or “mirror” any part or portion of the Website without prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Ibuildroads or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you, and/or
- harvest or collect information about any Website visitors or members without express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
The Website is owned and operated by Ibuildroads and its licensors, and the information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Ibuildroads and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted by this Agreement or (b) as expressly authorized in writing by Ibuildroads or, is so indicated in writing by Ibuildroads, its licensors or suppliers. Use of the Website or any Service or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
Ibuildroads Buttons, Links, Applications and Widgets
You may use the Ibuildroads buttons, links, applications and widgets displayed on this Website provided that (a) such buttons, links, applications and widgets link only to the Website; (b) you do not modify such buttons, links, applications or widgets or associated code in any manner, (c) you do not use any such buttons, links, applications or widgets in any manner which implies or suggests that Ibuildroads operates, endorses, sponsors or recommends the website on which such buttons, lings, applications or widgets are used, and (d) the use of such buttons, links, applications and widgets and the website on which such items are used do not violate the Ibuildroads acceptable use policy stated above. You acknowledge and agree that all rights in and to the Ibuildroads trademarks are our exclusive property, and any goodwill generated by your use of any Ibuildroads trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in our ownership of any Ibuildroads trademark. We retain the right to revoke the permission to use such buttons, links, applications and widgets at any time for any reason.
No Use by Children Under 13
You hereby affirm that you are over the age of 12, as this website is not intended for children under the age of 13. If you are under 13 years of age, then you may not use this website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the Agreement.
Claims of Copyright Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Ibuildroads infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information (a) physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Ibuildroads to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Penalties for false claims can be assessed under the DMCA.
Term and Termination
This agreement takes effect from the date that you first access the Website or submit any information to Ibuildroads, whichever is earlier, and shall remain in effect until terminated in accordance with its terms. Ibuildroads may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with our without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision set within this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Ibuildroads rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate Ibuildroads to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TODATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF IT’S COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER IBUILDROADS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/ OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES, YOU SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICE OR ANY LINKED WEBSITE IS TO STIP USING THE WEBSITE, SERVICE OR LINGED WEBSITE, AS APPLICABLE. NEITHER IBUILDROADS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INCACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING SERVICES THROUGH THE WEBSITE.
You agree to fully indemnify, defend, and hold Ibuildroads, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees), and other expenses that arise directly or indirectly out of or from (a) you breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.
Ibuildroads makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with Texas Law. The Arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Dallas, Texas and will be conducted in the English language. The parties consent to the jurisdiction of all federal and state courts in Texas.
If any provision of this Agreement is found to 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 you and us relating to the subject matter herein and supersedes any and all prior written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Ibuildroads as provided herein or otherwise by written instrument signed by Ibuildroads. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub licensable by you except with Ibuildroads prior written consent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Website is operated by
Ibuildroads, a wholly owned subsidiary of IBR INTERACTIVE, LLC
Effective April 12, 2012