Terms and Conditions
Agreement between User and buildrbrand.com
Welcome to buildrbrand.com. The buildrbrand.com website (the “Site”) is comprised of various
web pages operated by Buildrbrand. buildrbrand.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of buildrbrand.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference. Buildrbrand aims to bridge the gap between design and development while offering an active
community to connect with.
Privacy
Your use of buildrbrand.com is subject to Buildrbrand’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting buildrbrand.com or sending emails to Buildrbrand constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Buildrbrand is not responsible
for third party access to your account that results from theft or misappropriation of your account.
Buildrbrand and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Minumim Age
Buildrbrand does not knowingly collect, either online or offline, personal information from persons
under the age of eighteen. If you are under 18, you may use buildrbrand.com only with permission
of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. All cancellations must be 7 days prior to the
established monthly billing date in order to allow for the proper time to process. In terms of digital
products, you will only qualify for a refund if under 25% of training content has been viewed. Any
service-based packages are subject to a no-refund policy due to the time and resources required
within the full scope of each project. Buildrbrand operates as a business and we expect clients to understand and respect our policies. Our goal as a web development/software company is to bring the highest value per dollar spent by our clients, and in order to help us in that pursuit, we need to cover expenses and fuel our operations. Therefore, we require payments to be made on-time in respect to the services offered to our clients.We understand that sometimes “life happens” and you may need a refund on fees paid for services to Buildrbrand. We try to be fair, and create a policy that is a win-win for both parties. We will work with you to make you satisfied with our work. However, if a refund is requested and granted, all property created by Buildrbrand including graphics, content, and code, will remain the property of Buildrbrand.By signing up for our services you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.
General Refund Policy Guidelines Web Design & Development:
Web design and development projects require extensive resources, consumes our time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom logo designs and branding projects, full website designs, individual page mockups and smaller design components within a website, etc.) and custom development projects (i.e. php programming, WordPress CMS custom development, WordPress Plugin custom development, etc.) are made to us in full or in payments as a courtesy to the client as well as discounted for those who agree to pay in full, but if a project gets cancelled, delayed or postponed by the client, then all monies paid will be retained by Buildrbrand and if applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client. All projects that are completed as defined as the scope of the work are non-refundable.
Links to Third Party Sites/Third Party Services
buildrbrand.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Buildrbrand and Buildrbrand is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Buildrbrand is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Buildrbrand of the site or any association with its
operators.Certain services made available via buildrbrand.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the buildrbrand.com
domain, you hereby acknowledge and consent that Buildrbrand may share such information and
data with any third party with whom Buildrbrand has a contractual relationship to provide the
requested product, service or functionality on behalf of buildrbrand.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
buildrbrand.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Buildrbrand that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Buildrbrand or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Buildrbrand content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Buildrbrand and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Buildrbrand or our licensors except as expressly authorized by these
Terms.
Third Party Accounts
You will be able to connect your Buildrbrand account to third party accounts. By connecting your
Buildrbrand account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
This is a RocketLawyer.com document.
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Buildrbrand from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Buildrbrand Content accessed
through buildrbrand.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Buildrbrand, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Buildrbrand
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
Buildrbrand in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Buildrbrand agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BUILDRBRAND AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. BUILDRBRAND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUILDRBRAND
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BUILDRBRAND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
BUILDRBRAND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Buildrbrand reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Florida and you hereby
consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Buildrbrand as a result of this agreement or use of the Site. Buildrbrand’s performance of
this agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Buildrbrand’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
Buildrbrand with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between the user.
and Buildrbrand with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Buildrbrand with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Buildrbrand reserves the right, in its sole discretion, to change the Terms under which
buildrbrand.com is offered. The most current version of the Terms will supersede all previous
versions. Buildrbrand encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Buildrbrand welcomes your questions or comments regarding the Terms:
Buildrbrand Support:
support@buildrbrand.com
Effective as of September 05, 2020