Terms & Conditions

Date Agreed: 01/01/2024
Acceptance of the Terms & Conditions

Welcome to the website of The Builders, a chapter of the AGC ("Association," "we" or "us"). The following Terms & Conditions, together with any documents they expressly incorporate by reference (collectively, "Terms & Conditions"), govern your access to and use of https://thebuildersagc.com and https://buildersassociation.com ("Website"), including any content, functionality, software, services, tools, features, and databases offered on or through the Website, whether as a guest or a registered user.

Please read the Terms & Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, which is found at https://www.thebuildersagc.com/BA/Privacy-Policy.aspx (“Privacy Policy”) and is hereby incorporated into these Terms & Conditions by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website.

Changes to the Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. It is your responsibility to review the Terms & Conditions prior to each use of the Website so you are aware of any changes, as they are binding on you.

1. Proprietary Rights. All content included in this Website, including text, graphics, logos, icons, images, software, and the arrangement and compilation of such content are the property of the Association or their content suppliers and protected by copyright laws. All software used on this site is the property of the Association or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this site is to be used solely for providing information regarding the Association to Users of this site. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Association, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Association name, the Association logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Association or its affiliates or licensors. You must not use such marks found on the Website without the Association’s written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

2. Provision of Data. If the User of this Website provides any data to the Association, whether by using this site or otherwise, the User warrants that such data is accurate and current, and that the User is authorized to provide such data. The User recognizes that the Association shall be free to use such data in any manner, including copying, modifying and distributing such information to any third party.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to reproduce, distribute, transmit, modify, create derivative works of, create collective works containing, disclose, display, and perform any User Contributions by all means and in any media now known or hereafter developed for any use or purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
  • All of your User Contributions do and will comply with these Terms & Conditions, including the Content Standards set out below.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Association, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree to take precautions to prevent access to this Website or portions of it by any other person using your username, password, or other security information. You agree to notify us immediately of any such access to or use of your username or password or any other breach of security.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.

3. Hyperlinks. The Association may provide hyperlinks to other Internet sites. The Association is not responsible for the availability of such other sites and do not endorse and are not responsible or liable for any content, products, or other materials available on such other sites.

4. No Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THIS SITE IS PROVIDED BY THE ASSOCIATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

5. No Liability. IN NO EVENT WILL THE ASSOCIATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, REGARDLESS OF WHETHER THE ASSOCIATION HAS BEEN NOTIFIED OF SUCH DAMAGES.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & Conditions.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Association, an Association employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Association or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, age, or other legally protected status.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or entity.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Contain information regarding specific prices, fees, discounts, other terms or conditions of sale, salaries, costs, or profit margins of your company or any other company, or any other information that could be deemed anticompetitive in nature.
  • Contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.

6. Remedies. If a User of this site breaches any of these Terms & Conditions, The Association may, in addition to any other remedies available at law or equity, deny the User access to this Website and disable any Username / ID or password associated with such User.

Dispute Resolution

You and the Association agree that, if any dispute between you and us arises out of or relating to the Website or to these Terms & Conditions, you and we will first endeavor to settle the dispute through direct discussions. To initiate such discussions, contact the Website Administrator at [email protected]. If any matter remains unresolved more than 30 days after either party requests such discussions, either party may then endeavor to settle such dispute through mediation in accordance with the Commercial Mediation Rules of the American Arbitration Association. A request for mediation will be filed in writing with the other party and the American Arbitration Association. Unless mutually agreed otherwise, the mediation will be held at the offices of the Association. If requested in accordance with this provision, mediation will be a condition precedent to litigation.

7. General. These Terms & Conditions shall be governed by the laws of the state of Missouri without reference to it rules relating to conflicts of law. The User consents to the exclusive jurisdiction and venue of state or federal courts located in Jackson County, Missouri. Any waiver or amendment of any disclaimers, Terms & Conditions will be effective only if signed by the Association, and the failure of the Association to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. If any particular provision of these Terms & Conditions is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. The Association reserves the right to make changes to this Website and these Terms & Conditions at any time.

8. Indemnification. You agree to indemnify and hold harmless each of us, our affiliates, officers, directors, employees and volunteers from any claim or demand, including reasonable attorneys' fees, made by any third party due to, arising out of, or related to your use of this Website, the violation of these Term & Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Entire Agreement

The Terms & Conditions and incorporated policies and terms constitute the sole and entire agreement between you and the Association with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Questions and Comments

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Angela Crawford [email protected].