Effective January 1, 2004
(last updated April 12, 2008)
On This Page:
ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
RETURNS AND REFUNDS
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
NO UNLAWFUL OR PROHIBITED USE.
USE OF SERVICES
MATERIALS PROVIDED TO BUILDING AUTHORITY OR POSTED AT ANY BUILDING AUTHORITY WEB SITE.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
LINKS TO THIRD PARTY SITES.
UNSOLICITED IDEA SUBMISSION POLICY.
COPYRIGHT NOTICE.
TRADEMARKS.
ACCEPTANCE OF TERMS.
The services that Building Authority provides to you are subject to the
following Terms of Use ("TOU"). Building Authority reserves
the right to update the TOU at any time without notice to you.
The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the
bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Building Authority provides you
with access to a variety of resources, including developer tools,
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use. 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 Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Building Authority and/or
its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or
is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely for use by
end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, BUILDING AUTHORITY CORPORATION HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, BUILDING AUTHORITY MAY MAKE AVAILABLE AS PART OF
THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. BUILDING AUTHORITY DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN BUILDING AUTHORITY
SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from
the Services for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Building
Authority Corporation, 2767 Chalford Circle NW, North Canton,
Ohio 44720.
RETURNS AND REFUNDS: There are NO returns accepted or refunds issued once the permanent license codes are purchased and issued.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear,
(2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied
or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce
the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use
for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout
of the Building Authority.com Web site or any other Building Authority owned, operated,
licensed or controlled site. Elements of Building Authority Web sites
are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or
in part. No logo, graphic, sound or image from any Building Authority
Web site may be copied or retransmitted unless expressly permitted
by Building Authority.
BUILDING AUTHORITY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. BUILDING AUTHORITY AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL BUILDING AUTHORITY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUILDING AUTHORITY
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL BUILDING AUTHORITY AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user
name. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You
agree to notify Building Authority immediately of any unauthorized use
of your account or any other breach of security. Building Authority will
not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses
incurred by Building Authority or another party due to someone else using
your account or password. You may not use anyone else's account
at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use
the Services for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Services
in any manner that could damage, disable, overburden, or impair
any Building Authority server, or the network(s) connected to any Building Authority
server, or interfere with any other party's use and enjoyment
of any Services. You may not attempt to gain unauthorized access
to any Services, other accounts, computer systems or networks
connected to any Building Authority server or to any of the Services,
through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the
Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are
proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
• Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
•
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
•
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
•
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
•
Use any material or information, including images or photographs,
which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
•
Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
•
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically
allows such messages.
•
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed
in such manner.
•
Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
•
Restrict or inhibit any other user from using and enjoying
the Communication Services.
•
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
•
Harvest or otherwise collect information about others, including
e-mail addresses.
•
Violate any applicable laws or regulations.
•
Create a false identity for the purpose of misleading others.
•
Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion
thereof.
Building Authority has no obligation to monitor the Communication Services.
However, Building Authority reserves the right to review materials posted
to the Communication Services and to remove any materials in
its sole discretion. Building Authority reserves the right to terminate
your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
Building Authority reserves the right at all times to disclose any information
as Building Authority deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in
part, in Building Authority's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Building Authority does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, Building Authority specifically disclaims any liability with
regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers
and hosts are not authorized Building Authority spokespersons, and their
views do not necessarily reflect those of Building Authority.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO BUILDING AUTHORITY OR POSTED AT ANY BUILDING AUTHORITY WEB
SITE.
Building Authority does not claim ownership of the materials you provide
to Building Authority (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for
review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Building Authority,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all Building Authority
Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Building Authority is under no obligation
to post or use any Submission you may provide and Building Authority may
remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as
described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner
of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these Terms
of Use and the Services, (b) you have the rights necessary to
grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as
a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images available
to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services,
other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove
such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE BUILDING AUTHORITY'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF BUILDING AUTHORITY AND BUILDING AUTHORITY
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. BUILDING AUTHORITY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BUILDING AUTHORITY
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BUILDING AUTHORITY
OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
BUILDING AUTHORITY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF
THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN BUILDING AUTHORITY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO BUILDING AUTHORITY. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO BUILDING AUTHORITY OR ANYONE AT BUILDING AUTHORITY. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT BUILDING AUTHORITY MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL
OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2003-2008 Building Authority, Inc., 2767 Chalford
Circle NW, North Canton, Ohio 44720 U.S.A. All rights reserved.
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