Terms of Service
Introduction
These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("User," "you," or "your") and PrimeBuild Designs ("Company," "we," "us," "our," or "Provider"). These Terms govern your access to and use of our website, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site"), as well as any services, products, or information provided through the Site.
By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with any part of these Terms, you must immediately cease using the Site and all associated services.
1. Use License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful purposes only. This license does not include:
- Any resale or commercial use of the Site or its contents
- The collection and use of any product listings, descriptions, or prices
- The use of any data mining, robots, or similar data gathering and extraction tools
- The downloading or copying of account information for the benefit of another party
- The use of the Site for any unauthorized purpose
- Any systematic retrieval of data or other content from the Site
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site without our prior written permission.
2. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Site will be uninterrupted, error-free, or secure
- Warranties that defects will be corrected
- Warranties regarding the accuracy, completeness, or reliability of any content
- Any other warranty that would otherwise arise by law, statute, usage, or trade practice
We do not warrant that the Site will meet your requirements or that your use of the Site will be uninterrupted or error-free. Your use of the Site is at your own risk.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIMEBUILD DESIGNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
4. User Responsibilities
You agree to use the Site only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Site. Prohibited behavior includes:
- Harassing or causing distress or inconvenience to any person
- Obscene or offensive language or content
- Disrupting the normal flow of dialogue within our Site
- Attempting to gain unauthorized access to our systems
- Transmitting obscene or offensive content
- Interfering with the proper functioning of the Site
- Circumventing security or authentication measures
- Engaging in any form of hacking or unauthorized access
- Uploading viruses or malicious code
- Spamming or sending unsolicited communications
- Impersonating another person or entity
- Violating any applicable laws or regulations
5. Intellectual Property Rights
5.1 Ownership
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of PrimeBuild Designs or its content suppliers and is protected by international copyright laws. All rights are reserved.
5.2 Limited License
We grant you a limited license to view and print pages from the Site for your personal, non-commercial use, provided that you do not remove any copyright or proprietary notices. You may not reproduce, distribute, transmit, display, or create derivative works of any content without our prior written permission.
5.3 Trademarks
"PrimeBuild Designs" and all related logos, product names, and service names are trademarks or registered trademarks of PrimeBuild Designs. You may not use these trademarks without our prior written permission.
6. User-Generated Content
If you submit, post, or display content on the Site (including photos, testimonials, reviews, or comments), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that:
- You own or have the necessary rights to the content you submit
- The content does not violate any third-party rights
- The content is accurate and not misleading
- The content does not violate any applicable laws or regulations
We reserve the right to remove any user-generated content that violates these Terms or is otherwise objectionable.
7. Links to Third-Party Sites
The Site may contain links to third-party websites and services that are not operated by us. We are not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party sites is at your own risk and subject to their terms of service and privacy policies. We encourage you to review the terms and policies of any third-party sites before using them.
8. Indemnification
You agree to indemnify, defend, and hold harmless PrimeBuild Designs and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Site
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party intellectual property rights
- Any user-generated content you submit
- Any claim that your content violates third-party rights
9. Termination
We reserve the right to terminate or suspend your access to the Site at any time, without notice or liability, for any reason, including if you violate these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, indemnification, and limitation of liability.
10. Modification of Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically to stay informed of any updates.
11. Governing Law and Jurisdiction
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any legal action, you agree to attempt to resolve any dispute informally by contacting us at alex@primebuilddesigns.com or (614) 401-6428. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.
12.2 Binding Arbitration
If the dispute cannot be resolved informally, you and PrimeBuild Designs agree to submit to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Columbus, Ohio, and shall be governed by Ohio law. Each party shall bear its own costs and attorneys' fees, and the parties shall share the arbitrator's fees equally.
12.3 Class Action Waiver
You agree that any arbitration or legal action shall be conducted on an individual basis and not as a class action, collective action, or representative action. You waive your right to participate in any class action or collective action against PrimeBuild Designs.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and PrimeBuild Designs regarding your use of the Site and supersede all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral.
15. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. A waiver of any provision must be in writing and signed by us to be effective.
16. Contact Information
If you have questions about these Terms of Service or need to contact us regarding your use of the Site, please reach out:
PrimeBuild Designs
Email: alex@primebuilddesigns.com
Phone: (614) 401-6428
Hours: Mon-Fri: 8am - 6pm
By using our Site, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree with any part of these Terms, please do not use our Site.