The Builder Project LLC
Terms and Conditions
Last Updated: JUNE 30, 2022
The Builder Project LLC (referred to as “The Builder Project”) provides energy consulting and is an online professional networking platform for individuals and companies in the construction industry to share their professional identities, engage with others, exchange knowledge and professional insights, post and view relevant content, learn and develop skills, and discover new business and career opportunities (together, the “Services”).
The following Terms and Conditions (“Terms”), describe how any registered Member or visitor (referred to as “you”, “your”, or “Member(s)”) may access, register, browse, enroll, or use the website, https://www.thebuilderproject.com (the “Website”), download our web application (the “App” and together with the Website referred to as the “Platform”). Any use of the Platform, as well as all information, tools, materials, and Services available to you, is conditioned upon your acceptance of all the policies and notices stated herein.
YOU MAY NOT USE OUR PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES, THE PLATFORM, OR ANY OF ITS CONTENTS, BY APPLICABLE LAW.
BY USING OUR PLATFORM AND/OR PURCHASING ANY SERVICES YOU AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE OUR PLATFORM.
Any new features or tools which are later added to our Platform, shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. The Builder Project reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes in our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
1. Registration and Membership
In order to use the Services, you will need to register for membership (“Membership”) and create an account (“Account”) using your first and last name, e-mail address, password, professional profile, location, and any other information requested (together your “Personal Information”). Once you have registered and created your Account, you will receive a confirmation e-mail to create a personal login for your Membership. You will be prompted to purchase your Membership during the check-out process and provide your payment information. You will have access your Membership for a period of twelve (12) months (the “Subscription”) and the option to renew your Membership at the end of the Subscription.
You represent and warrant on behalf of yourself that the information you provide to The Builder Project upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept up-to-date at all times. The Builder Project is not responsible for any errors made by you when creating your Account or purchasing your Membership. The Builder Project shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
2. Fees and Payments
The Builder Project provides access to the Services through individual Membership Accounts. Membership is free for individuals, but companies, nonprofits, schools, or unions that desire to access the Services must create an Account on behalf of their business and purchase a Membership (the “Fee(s)”). The Fees will be the prices listed on the Platform or otherwise in effect at the time the Services are requested. The Fees may also be set out in any confirmation, e-mail receipt, invoice, or other relevant correspondence. The Builder Project accepts payments electronically through Stripe (“Payment Method”). All Fees are subject to change in The Builder Project’s sole discretion.
The Builder Project may store and continue billing your Payment Method, to avoid interruptions in your Membership. If you purchase a Membership, your payment method automatically will be charged at the start of each month for the Fees and taxes applicable to that month. Members may also be subject to additional charges, which may include, but are not limited to: currency and exchange fees, VAT, and/or local taxes. Any additional Fees shall be added to your Fee total.
If you do not pay the Fees when they are due, or your Payment Method continuously fails, The Builder Project may (a) charge you a late fee of 1.5% interest per month that you are late; or (b) initiate collection procedures. You agree to pay the cost of collection, including, without limitation to, reasonable attorney’s fees.
There may be a promotion, discount, or sale on the Platform (“Promotion(s)”). These Promotions may affect the Fees and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that Promotion will govern that specific circumstance. All Fees, discounts, and Promotions available are subject to change without notice.
The Builder Project strives to display accurate price information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing. The Builder Project reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any payments arising from such occurrences.
3. Cancellations, Refunds, and Disputes
The Builder Project aims to respectfully respond to all questions, comments, and concerns regarding customer satisfaction and any related or resulting disputes. If you are unhappy with the Services, please contact us immediately and we will do our best to rectify the situation.
Members can cancel their Membership at any time with no cancellation fee. If you do not renew your Membership, it will expire at the end of your Subscription’s billing cycle.
Generally, all Fees and payments rendered are non-refundable. The Builder Project is not responsible for errors made by a Member during the purchasing process. However, under certain circumstances, The Builder Project may allow you to receive a refund. In order to process a refund, you must cancel your Membership within five (5) days of purchase. Refunds will be processed within five (5) business days. Should, The Builder Project in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy.
If you file a dispute through your electronic Payment Method before contacting The Builder Project, we reserve the right to dispute the refund and initiate collection procedures which may include attorney’s fees. Once a dispute is made through your electronic Payment Method, you will no longer have the opportunity to request a refund and resolve the issue.
Nothing in these Terms extends a binding obligation on The Builder Project to offer refunds or prorations. Should The Builder Project, in its sole discretion, decide to refund, prorate, or credit you any amounts paid, that refund, prorate, or credit shall constitute the entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service.
4. General Conditions of Use
By agreeing to these Terms, or using our Platform or Services, you represent that you are at least eighteen (18) years of age or older. Minors may use the Platform under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of the Platform, including all liabilities. In addition, you must be in good standing and cannot be an individual that has been previously barred from receiving The Builder Project’s Services under the laws of any applicable jurisdiction.
5. Community Guidelines
The Builder Project was developed to be a supportive, respectful, enjoyable, positive, encouraging, and empowering space. We expect that Members respect themselves and others, demonstrate integrity, abide by laws and principles of fairness, and embody kindness and civility while using the Services.
Our Services allow messaging and sharing of information, such as your professional profile, group posts, links to news articles, job postings, and messages. Information and content that you share or post may be seen by other Members, visitors, or other third parties. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., messaging content to your addressees, sharing content only to your connections, restricting your profile visibility from search engines, or opting not to notify others of your profile update). For job searching activities, we default to not notifying your connections, network, or the public. For clarity, if you apply for a job through our Platform, or opt to signal that you are interested in a job, our default is to share it only with the job poster.
You acknowledge, understand, and agree that all materials, information, text, data, photographs, messages, tags, or any other content, whether it publicly or privately posted and/or transmitted is your expressed sole responsibility. You agree not to make use of the Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:
(a) Uploading, posting, transmitting or otherwise making available any content or information that shall be deemed, in our discretion, to be harmful, threatening, aggressive, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, libelous, or which is hateful, threatening, bullying, demeaning, or otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;
(b) Causing harm to minors in any manner whatsoever; and/or
(c) Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
6. Termination or Suspension
You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Platform, Membership, and Services for your own personal or business use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Platform and the Services.
You agree that The Builder Project may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Platform and access to the Services at our sole discretion, for any reason, including but not limited to:
Any breach or violation of these Terms or any other incorporated agreement, regulation, or community guideline, as detailed below;
By way of request from law enforcement or any other governmental agencies;
The discontinuance, alteration or material modification to the Services, or any part thereof;
Any engagement by you in any fraudulent or illegal activities; and/or
The non-payment of any associated Fees, as defined herein, that may be owed by you.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and or limitations of access to the Platform or Services shall be made in our sole discretion and that The Builder Project shall not be liable to you or any other third party with regard to the termination of your Membership and associated e-mail address, access to the Platform, and/or the Services.
The Builder Project reserves the right to refuse Services and Membership to anyone, for any reason, at any time in its sole discretion. The Builder Project also reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through the Platform. In addition, The Builder Project reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive.
You consent to receiving communications from The Builder Project, including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, App, Services, Memberships, marketing, subscriptions, advertisements, and any other relevant information.
The Builder Project reserves the right, but has no obligation, to modify, update, or discontinue the Services, or any content available on the Website or App (or any part thereof), without notice at any time. The Builder Project shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
The Builder Project shall not be held responsible if information made available on the Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform at your own risk.
8. Intellectual Property & Proprietary Rights
The Builder Project owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:
(a) The Website and App, including all content, software code, data, the look, feel, design and organization of the Website and App, and the compilation of the content, code, data, and materials on the Website and App including any intellectual property and/or proprietary rights;
(b) Designs, materials, and concepts uniquely created by The Builder Project; and
(c) The Builder Project’s business model, customer base, methodology, pricing, and any other relevant information.
The Builder Project reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on The Builder Project’s Intellectual Property, in whole or in part.
For clarity, The Builder Project has granted you a personal, revocable, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Platform or the Services.
All elements and aspects of the Platform and Services developed and offered by The Builder Project are owned and controlled by The Builder Project, including, but not limited to logos, graphics, images, photographs, text, videos, Member interfaces, trademarks, computer code, and any other content on our Platform. This also includes the design, structure, organization, presentation, arrangement, expression, and the “aesthetics” of our Website, App, and materials.
Members may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute any element of, or materials made available through, the Services in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. The term “Commercial Purpose” means that Members are prohibited from selling, licensing, renting, using in Members’ own businesses or websites, incorporating into marketing materials or presentations, or making any other commercial use of our Intellectual Property.
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Platform or on any other website, blog, article, or social media website (“Your Content”), you hereby grant The Builder Project a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Platform or the Services, including but not limited to advertising, promoting, and marketing the Platform or the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
9. Disclaimer of Warranties
As part of the Membership, The Builder Project encourages you to post and/or seek jobs which you are reasonably qualified to hire for and/or pursue. Due to the educational and informational nature of the Platform and the Services, the volume of Members, and the scope of the Services, it is not the responsibility of The Builder Project to determine whether you or any Member is qualified to post and/or seek jobs you are qualified to hire for and/or pursue. Please note that The Builder Project specifically waives all liabilities and is indemnified from any individual and/or business that you engage in.
YOU AGREE TO USE THE PLATFORM AND OUR SERVICES AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
10. Limitation of Liability
You understand that the use of third party servers may involve transmission of your data over networks that are not owned, operated, or controlled by The Builder Project, and that The Builder Project is not responsible for any of your data that is lost, altered, intercepted, or stored across such networks. The Builder Project cannot guarantee that its security procedures will be error-free and that transmission of data will always be secure.
IN NO EVENT SHALL THE BUILDER PROJECT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR THE BUILDER PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES.
11. No Professional Advice
The information provided on the Platform and in connection with the Services does not, and is not intended to, constitute professional, legal, tax, investment, financial or other advice. Instead, all information, content, and materials available provided to Members are for general informational purposes only.
Nothing on the Platform constitutes professional and/or financial advice, nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with any information found through the Services or on the Platform.
For the avoidance of doubt, The Builder Project is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counsellor, business operations manager, financial analyst, business executive, or other agent of you or your business.
12. Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. By using the Platform, you affirmatively consent that The Builder Project may use and share your video and image viewing data with third parties until consent is withdrawn. The Builder Project may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. Our Platform may offer certain features that are available to you via your wireless device. These features may include the ability to access our Website, App, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
In addition, where the Platform collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Platform. If you choose to click on one of these buttons or links on the Platform, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Platform, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/websites you follow, etc.).
13. Terms Applicable For Apple iOS
If you are accessing or using our Platform through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
To the extent that you are accessing our Platform through an Apple Device, you acknowledge that these Terms are entered into between you and The Builder Project and Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below.
The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable.
You acknowledge that The Builder Project, and not Apple, is responsible for providing our Platform and any content therein.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Platform.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Platform.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and The Builder Project, The Builder Project and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the Platform or Services, or your possession and use of the Platform, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
When using our Platform, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Platform.
If a controversy or claim should arise between a Member and The Builder Project, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
15. Class Action Waiver
Any arbitration shall be conducted in each Member’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
The Builder Project may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website or App. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website or App will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices.
To provide The Builder Project notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
Third Party Content. The Platform may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. The Builder Project is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Platform does not imply that The Builder Project endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Platform and/or the Services, you agree to indemnify, defend, and hold harmless The Builder Project (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by The Builder Project; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by The Builder Project, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. The Platform is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by The Builder Project to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Builder Project.
Force Majeure. The Builder Project will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Customers. Under California Civil Code Section 1789.3, California users of our Platform 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Customers. If you are a Customer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify The Builder Project (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (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 available on the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail, or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against The Builder Project arising out of or related to the use of the Website, App, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding your Membership, contact firstname.lastname@example.org. For other inquiries, please feel free to contact The Builder Project directly through the Website, App, or by e-mail at email@example.com.