TERMS OF USE
Last updated August 25, 2023
AGREEMENT TO OUR LEGAL TERMS
We are National Building Archives, Inc. ("Company,"
"we," "us,"
"our"), a company registered
in Texas, United States at 8103
Fondren Lake Drive, Houston, TX 77071.
We operate the website https://nationalbuildingarchives.com (the "Site"), the
mobile application National Building Archives (the "App"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at +1-855-622-9001,
email at legal@nationalbuildingarchives.com, or by mail to 8103
Fondren Lake Drive, Houston, TX 77071, United States.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"),
and National Building Archives, Inc., concerning your access to and use of
the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you
by legal@nationalbuildingarchives.com, as stated in the email message. By
continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for
the Services.
We recommend that you print a copy of these Legal Terms for
your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well
as the trademarks, service marks, and logos contained therein
(the "Marks").
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your internal business
purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED ACTIVITIES" section
below, we grant you a non-exclusive, non-transferable,
revocable license to:
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: legal@nationalbuildingarchives.com. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and
to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services
to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly
sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign
to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text,
writings, documents, video, audio, photographs, music, graphics, comments, claims
about your business, reviews, rating suggestions, personal or business
information information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly through third-party websites.
When you post Contributions, you grant us
a license (including use of your name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part
of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
We may remove or edit your Content: Although
we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
In addition, You acknowledge that
the We do not represent or warrant the accuracy of the Contributions by any of
our users. You further acknowledge that We do not represent or warrant the
Contributions by any of our users do not violate any of the foregoing.
Copyright infringement
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to
the "COPYRIGHT INFRINGEMENTS" section
below.
By using the Services, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use
of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible
the colors, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of
the products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. If your order is subject to recurring
charges, then you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
7. RETURN/REFUNDS POLICY
All sales are final and no refund
will be issued.
8. SOFTWARE
We may include software for use in connection with our
Services. If such software is accompanied by an end
user license agreement ("EULA"), the terms of the EULA will
govern your use of the software. If such software is not accompanied by a EULA,
then we grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection
with our services and in accordance with these Legal Terms. Any software and
any related documentation is provided "AS
IS" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use
or performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose
other than that for which we make the Services available. The Services may not
be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
10. USER GENERATED
CONTRIBUTIONS
The Services may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not
limited to text, writings, documents, video, audio, photographs, graphics,
comments, suggestions, claims about your business, or personal or business information
or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
Any use of the Services
in violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.
In addition, You acknowledge that
the We do not represent or warrant the accuracy of the Contributions by any of
our users. You further acknowledge that We do not represent or warrant the
Contributions by any of our users do not violate any of the foregoing.
11. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services,
you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them
in more appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews
or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use
the App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these
Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the App; (8) use the App to send automated queries to
any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained
from either the Apple Store or Google Play (each an "App
Distributor") to access the Services: (1) the license granted to
you for our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with respect to
the App as specified in the terms and conditions of this mobile
application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to conform
to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government as
a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the App,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via
the Site or App) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed
from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: . By
using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed
in the United States.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable
law you may be held liable for damages if you make material misrepresentations
in a Notification. Thus, if you are not sure that material located on or linked
to by the Services infringes your copyright, you should consider first
contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part
of the Services without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
You acknowledge that We reserve the right to change these
Legal Terms at any time and that by continuing use of the Services, You are
agreeing to those changes.
20. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of the State
of Texas applicable to agreements made and to be entirely performed
within the State of Texas, without regard to its conflict of law
principles.
21. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE
A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the American
Arbitration Association (AAA) website. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such
costs are determined by the arbitrator to be excessive, we will pay all
arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Delaware. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Delaware, and
the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one
(1) years after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
22. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) your Contributions; (2) use of
the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate
to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us
as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
30. CONTACT US
In order to
resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
National Building Archives, Inc.
8103 Fondren Lake Drive
Houston, TX 77071
United States
Phone: +1-855-622-9001
legal@nationalbuildingarchives.com