Greetings and welcome to www.thesimplebuild.com. Simple Build Group, LLC (“SimpleBuild”) offers its services and website features on the website www.thesimplebuild.com (the “Site”) pursuant to the following terms and conditions (“Terms”). Your use of this Site constitutes your agreement to be bound by these Terms, including but not limited to the Privacy Policy of the Site, which is incorporated herein. The Site is provided for the purpose of online project management for homebuilders and remodelers, and their subcontractors (the “Site Purpose”). Your use of the Site shall be limited exclusively to the Site Purpose and not for any other purpose.
Account/Registration
In order to use the Site and the services of SimpleBuild for the Site Purpose, you must register and create an account for the Site and, where applicable, purchase a subscription (“Subscription”). Registration and subscription purchases are available only to residents of the United States who are capable of forming a legally binding contract. This site may not be used by individuals who are under the age of eighteen (18). You will be required to provide certain personal information (“Personal Information”) to establish an account to use the Site and/or purchase Subscriptions. You hereby agree, warrant and represent that you will submit all required Personal Information and that such Personal Information shall not be false, misleading or inaccurate. You further agree, warrant and represent that in submitting your Personal Information, you will not impersonate any other person or entity and that you will timely update such Personal Information so that it is complete and accurate at all times. 10GB maximum storage per account.
Subscription Fees
Builders are required to pay an annual subscription fee and a per-project “Build License” to use the Site, at the current rates in effect. Subscription fees and Build License fees are non-refundable.
You will be required to provide a valid credit card account number, expiration, security code and/or all other required information [,or equivalent Paypal information] to purchase a Subscription. Any Subscription charges and/or other purchases you make on the Site will be charged to the credit card [or Paypal account] you provide. We use Authorize.net to process all credit card payments. Accounts and Subscriptions are non-transferable and any attempt to transfer an account and/or subscription may, in Simple Build’s sole and exclusive discretion, void such account and/or Subscription. Simple Build reserves the right, in its sole and exclusive discretion, to refuse to sell and/or continue a Subscription, or to cancel a Subscription, as to any user, with or without cause.
License
Subject to these Terms and the SimpleBuild Privacy Policy, you hereby grant to SimpleBuild an irrevocable, non-exclusive, perpetual, royalty-free and world-wide right, to use your Personal Information and any and all other information that you upload to the Site (“Uploaded Information”), and all rights in and to the copyrights, trademarks, service marks, patents, and trade secrets contained therein, in any format or medium now known or hereafter created. Such rights shall include, but not be limited to, the rights to duplicate, publish, sublicense, or distribute the Personal Information and/or Uploaded Information, all for the Site Purpose and any other purpose set forth in these Terms.
Uploaded Information
You hereby agree, warrant and represent that, as to all Uploaded Information that you upload or cause to be uploaded, in whole or in part, to the Site:
You further agree, warrant and represent that the Uploaded Material:
SimpleBuild retains the right, but not obligation, to edit, remove or delete any Personal Information or Uploaded Information that SimpleBuild, in its sole and exclusive discretion, deems to violate any provision of these Terms or any applicable law or regulation.
Uploaded Information will be made available to those parties subscriber to a project (i.e. the owner and the builder) as well as those contractors and/or subcontractor’s invited by the builder to submit bids and/or participate in the project.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLE BUILD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR ACCURACY OF THIS SITE OR THE INFORMATION, CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLEBUILD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLEBUILD DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS. OR ELECTRONIC COMMUNICATIONS SENT FROM SIMPLE BUILD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SIMPLEBUILD, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIATRIES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDER, EMPLOYEES AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ATTORNEYS’ FEES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend and hold harmless SimpleBuild, and its officers, directors, shareholders, members, managers, agents, employees, parent companies, subsidiaries, and affiliates from any and all third party claims or suits and for any and all damages, losses, judgments, or liabilities, including but limited to reasonable attorneys’ fees, arising from or related to your actual or alleged: (i) breach of the Terms; (ii) violation of any applicable law or regulation; (iii) violation of any third party’s rights, including but not limited to intellectual property rights, through your use of the Site or your submission, posting or otherwise providing of any information, data or content to SimpleBuild and/or the Site.
The Site may provide links to other websites or content providers.
SimpleBuild does not expressly or impliedly, approve, endorse, sponsor, review or warrant in any way such external sites or information unless otherwise expressly set forth in these Terms. Any use of links or external information by you is at your own risk.
Intellectual Property
Unless otherwise expressly set forth herein, all content of this Site, including but not limited to text, graphics, database compilations and software code, but excluding Uploaded Information, are the property of SimpleBuild or provided to SimpleBuild under license from the owner of the content, and are protected under United States and international law. SimpleBuild and the SimpleBuild logo are the trademarks or service marks of Simple Build Group, LLC and all rights are reserved.
Copyright Complaints
If you believe that information or content contained on this Site infringes on your copyright or other rights, please notify our copyright agent.
No Joint Venture or Agency Relationship
Neither your use of the Site nor any part of these Terms shall be deemed to create a joint venture, agency, partnership, franchise or employment relationship between you and SimpleBuild. No part of these Terms shall be deemed to authorize you to bind SimpleBuild to any contract or agreement with any third party.
Choice of Law, Jurisdiction and Venue
Your use of the Site and these Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard for its conflict of law provisions. You agree that any claims or other actions arising out of or relating to your use of this Site or the application of these Terms shall be exclusively litigated in the federal courts located in Chicago, Illinois or state courts located in Cook County, Illinois, and you hereby consent to the exercise of personal jurisdiction over you by all such courts.
Integration and Modification
These Terms, including but not limited to the incorporate Privacy Policy, constitutes the entire agreement between you and SimpleBuild. No oral representations or other agreements have been made by SimpleBuild except as stated herein. The Terms, including but not limited to the incorporated Privacy Policy, and any portion thereof, may be revised, amended, deleted or supplemented at any time, with or without notice, and within the sole and exclusive discretion of SimpleBuild. All such changes to the Terms shall become effective automatically and immediately upon posting and you agree to be bound by such changes in the Terms by your continued use of the Site
Non-Waiver
No term or provision hereof may be waived by SimpleBuild except in writing signed by its duly authorized officer or agent.
Headings
The headings of these Terms are for convenience only and shall not be deemed to limit, restrict or alter the content, meaning or effect thereof.
Severability
In the event that any provision or any part of a provision of these Terms shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of provisions of these Terms, which shall remain in full force and effect as if the unenforceable provision or part were deleted.
Notice and Procedure for Making Claims of Copyright Infringement
SimpleBuild respects intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SimpleBuild’s copyright agent the written information specified below.
Simple Build Group, LLC’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Clay Miller Simple Build Group, LLC 1332 N Halsted, Suite 402 Chicago, IL 60642 Phone/Fax: 888-743-9590 clay@thesimplebuild.com
Please note that this procedure is exclusively for notifying Simple Build Group, LLC that your copyrighted material has been infringed.