Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on April 1, 2019

This Terms of Use Agreement sets forth the standards of use of the Builder Plots online services (“Services”). By using https://www.builderplots.com/ (“Website”) you and/or Website account holder (collectively, “Users”) agree to accept and comply with these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

The content provided on our Website is for general informational purposes only and is subject to change without notice.

Use of the Site
This Website Services are described as but not limited to directory listings, a blog, and a public comments and/or reviews forum equipped with commenting facilities. While we invite you to share your opinions and questions in this way, they must not be used to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. We do retain the right to moderate any listing, comment, review or written content submitted to the Website and to remove any content we deem to have violated our policies.

Privacy
Before you continue using our website we advise you to read our privacy policy at https://www.builderplots.com/privacy/ regarding our Users data collection. It will help you better understand our practices.

Communications
The entire communication with us is electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Listings, Comments, Reviews, and Emails
Users may post content if it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Builder Plots non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access
We grant Users a limited license to access and make personal use of this Website. You are not allowed to download or modify it. This may be done only with written consent from us.

Users Account
If you are an account holder on this Website, you are solely responsible for maintaining the confidentiality of your private Users details (username and password). You are responsible for all activities that occur under your account or password.

Payment
All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no Service orders will be fulfilled.

Refund/Return Policy
Within 30 days of purchase a written explanation is needed before the purchase may be considered for a refund. Upon approval you can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days of approval. Refunds are approved on a case-by-case basis.

Cancellation
A purchase may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.

Termination
We reserve all rights to terminate Website accounts and/or access, edit or remove content and cancel orders without notice.

Disclaimer Regarding Accuracy of Member Information
While we make every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.  All the content contained on this Website is edited, checked, and verified for accuracy as much as it is possible to do so. However, we cannot guarantee either its accuracy or the safety of any external links it might contain. The Website, as well as its owners, affiliates, and contributing Users can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our Website. Builder Plots makes no warranties or representations whatsoever about any Listing provided or offered by any Member, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.

Third-Party Sites
Our Website may include links to other sites on the internet that are owned and operated by online merchants and other third parties that are not owned or controlled by Builder Plots.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site respectively, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

Copyright and Trademark Information
All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is, with all rights reserved, is the property of Builder Plots and/or third parties protected by intellectual property rights.  Any use of materials on this Website, including reproduction for purposes other than those noted within this Terms of Use Agreement, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Builder Plots is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Builder Plots.

All other trademarks displayed on this Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Users.  In addition, such use of trademarks or links to the sites of Users is not intended to imply, directly or indirectly, that those Users endorse or have any affiliation with Builder Plots.

Disclaimer of Warranties
This Website is provided by Builder Plots on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise.  We shall have no liability for any interruptions in the use of this Website.  We disclaim all warranties about the information provided, including the implied warranties of merchant ability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.

Modifications and Interruption to Service
We reserve the right to modify or discontinue the Service with or without notice to the Users.  We shall not be liable to Users or any third party should we exercise our right to modify or discontinue the Service. Users acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Interpretation of Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Users agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Builder Plots, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as Users.  Users agree that by accepting this Terms of Use Agreement, Users is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

Limitation of Liability
BUILDER PLOTS SHALL NOT be liable for any damages whatsoever, and in particular BUILDER PLOTS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BUILDER PLOTS has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

Indemnification
Users agree to indemnify and hold Builder Plots, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Users use of the Service, the violation of this Agreement, or infringement by Users, or other Users of the Service using Users computer, of any intellectual property or any other right of any person or entity.

Governing Jurisdiction of the Courts of Texas
Our website is operated and provided in the State of Texas.  As such, we are subject to the laws of the State of Texas and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules.  We make no representation that our Website or other Services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our Website you agree to do so subject to the internal laws of the State of Texas.

Compliance with Laws
Users assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Users may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Users further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

By visiting this Website, you agree that the laws of the State of Texas, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Builder Plots and you, or its business partners and associates.

Disputes
Any dispute related in any way to your visit to this Website or to Services you purchase from us shall be arbitrated by state or federal court of Texas, United States of America and you consent to exclusive jurisdiction and venue of such courts.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Builder Plots designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Email: support@builderplots.com