Terms of Use

Last Updated: June 26, 2020

This website at professionalbuilding.net (the “Website”) is made available to you by Professional Building Services, LLC (“PBS”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. AP may modify the Terms of Use from time to time, in the sole discretion of AP. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with AP or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and AP, the Terms of Use are the entire agreement between you and AP and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AP about this Website.

ACCEPTABLE USE
You agree to use the Website solely for intended, lawful purposes, and you agree that you will, at all times, comply with all applicable laws, rules, and regulations.Any use of the Website that is defined or deemed to be statutorily illegal is a direct violation of these Terms of Use.This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities.

You further agree that your access to this Website shall be limited to those portions of the site where you are authorized to access. In portions of the Website that require a User ID and password to access, you agree that you will only use your assigned User ID and password and will not impersonate any other person or entity for such access.The creation of multiple accounts to circumvent access controls is strictly prohibited. Violation of this provision may result in restriction or termination of your access to all or part of the Website for any and all accounts found to be associated with you. You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your account.As such, you agree to accept responsibility for all activities that occur under your User ID and associated password until such time as you notify us that your User ID and password have been compromised or otherwise request that we cancel your account.

USE OF COPYRIGHTED MATERIALS/TRADEMARKS

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by AP (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to AP (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.

The Materials contain trademarks, service marks and trade names which are owned by AP and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

Any copy of the Materials or portion thereof must include all copyright notices appearing on the original. AP reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from AP.

The Third Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third Party Content does not reflect the views of AP and that AP is not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content.

Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of AP, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to AP, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of AP or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

HYPERLINKS TO THIS SITE

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link does not portray AP or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by AP at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any AP trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of AP in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a AP or AP affiliate name, trademark, or product name without express written consent from AP in each instance.

LINKS TO THIRD PARTY WEBSITES

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by AP. If you use these links, you may leave the Website. AP has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. Bozzuto does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and AP expressly disclaims any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against AP in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.

NONINTERFERENCE

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.

DISCLAIMER OF WARRANTIES

Except as may be expressly set forth otherwise in a written agreement between you and AP or an AP affiliate, AP has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BOZZUTO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF AP’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the extent AP is managing a property where you are renting a home, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees of current or future performance.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AP BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL AP BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER AP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF AP FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

PRESS RELEASES

The information contained within press releases issued by AP and its affiliates should not be deemed accurate or current except as of the date the release was posted. AP and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

DIGITAL MILLENNIUM COPYRIGHT ACT

AP does not permit copyright infringing activities and infringement of intellectual property rights on the Website.

If a person is a copyright owner or an agent thereof and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the AP copyright contact with the following information in writing (see 17 U.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail; A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated AP copyright contact (“Copyright Contact”) to receive notifications of claimed infringement is: Attn: Copyright Contact, Professional Building Services, 2 North 20th Street, Suite 700, Birmingham AL 35203 . Please be advised that DMCA notices should go to the Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to Bozzuto customer service through info@ProfessionalBuilding.net. The complaining person acknowledges that in the event he/she fails to comply with all of the requirements of this Section, such person’s DMCA notice may not be valid.

If the person to who is allegedly infringing a copyright (as reported by the complaining person above) believes that content that was removed (or to which access was disabled) is not infringing, or that such person has authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, the person responding to the complaint may send a counter-notice containing the following information to the Copyright Contact:

The responding person’s physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content PBSpeared before it was removed or disabled; A statement that the responding person has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Such responding person’s name, address, telephone number, and e-mail address, a statement that such responding person consents to the jurisdiction of the federal court in Houston, Texas, and a statement that he/she will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Contact, Bozzuto may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in PBS’s sole discretion.

WEBSITE DISCLAIMER

The materials provided on this server are intended for informational purposes only and are not intended to constitute an offer or solicitation. Despite the efforts of PBS to provide accurate information, it is not possible to ensure that all information is constantly correct. The materials contained on this server could include technical inaccuracies or typographical errors. PBS assumes no responsibility for any actions taken as a result of using this server, or for errors or omissions in the materials on this server.

RELEASE AND INDEMNITY

YOU hereby agree to release, hold harmless and forever discharge PBS, ITS OFFICERS, DIRECTORS, OWNERS, OPERATORS, EMPLOYEES, LICENSORS AND AGENTS, (the “Released Parties”) and to fully indemnify, protect, defend and hold harmless the Released Parties from any and all manner of liability, actions, suits, debts, accounts, damages, judgments, claims or demands whatsoever in law, equity or otherwise, which you, your heirs, executors or administrators, employees, agents or affiliates hereafter can, shall or may have against any of the Released Parties for, upon or by reason of (I) YOUR USE OF AND ACCESS TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS CONTAINED HEREIN; (II) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; AND/OR (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT OR ANY OTHER THIRD PARTY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, (IV) your provision of personal information to the released parties AND their GOOD FAITH RELEASE OF PERSONAL INFORMATION TO SERVICE PROVIDERS AND OR THEIR AGENTS IN ACCORDANCE WITH THE PRIVACY POLICY AND TERMS OF US, (v) any resulting damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, malware, virus, intrusion, compromise, security breach or inadvertent and/or unauthorized release, disclosure, access, acquisition, exfiltration, use or misuse of personal information maintained, stored, received, transmitted, processed or utilized by the released parties as a result of YOUR ACCESS OF THIS WEBSITE OR YOUR RELATIONSHIP WITH THE RELEASED PARTIES.

GENERAL PROVISIONS

Enforcement of the Terms of Use will be governed by Alabama law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in Alabama and you irrevocably agree to submit to the jurisdiction of such courts. The failure of AP to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by PBS in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

CONTACT US

If you have any questions regarding the Website, please contact PBS by sending an email to info@ProfessionalBuilding.net