Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

Welcome to this website (Strong Scrubber), which is owned and operated by BUILDERS EXCHANGE OF GRAND RAPIDS AND WESTERN MICHIGAN(defined in the third paragraph). These Terms of Use (these “Terms of Use”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.

Whether you are simply browsing this Site or are a customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use.

The terms “we”, “us” or “our” shall refer to Builders Exchange of Grand Rapids and Western Michigan. The term “GRBX” shall refer to Builders Exchange of Grand Rapids and Western Michigan, a Michigan company, and those other entities that provide software or other services that are part of the Strong Scrubber Content. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity as well as any affiliates of them, who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Builders Exchange of Grand Rapids and Western Michigan, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Project Portals may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services
found at this Site.

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity.

If you do not agree to abide by this Terms of Use, you are prohibited from using the Services.

3. ACCOUNTS

Accounts. In order to access the features of this Site or use the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Builders Exchange of Grand Rapids and Western Michigan that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Builders Exchange of Grand Rapids and Western Michigan has reason to believe that your Account information is untrue, inaccurate, out of date or incomplete, Builders Exchange of Grand Rapids and Western Michigan reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your
Account information secure. For security purposes, Builders Exchange of Grand Rapids and Western Michigan may require that you verify your account information at periodic intervals. You must notify Builders Exchange of Grand Rapids and Western Michigan immediately of any breach of security or unauthorized use of your Account. Builders Exchange of Grand Rapids and Western Michigan will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Builders Exchange of Grand Rapids and Western Michigan or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

4. GENERAL RULES OF CONDUCT

5. You will not access Strong Scrubber Content (as defined below) or User Content through any
technology or means other than through this Site itself, or as Builders Exchange of Grand Rapids and Western Michigan may designate.

6. You will not access Strong Scrubber Content if you are a direct competitor of Builders Exchange of Grand Rapids and Western Michigan, except with the prior written consent of Builders Exchange of Grand Rapids and Western Michigan. In addition, you may not access the Strong Scrubber Content (i) in order to build a product or service which competes with Strong Scrubber Content or any component thereof, (ii) for purposes of monitoring the availability, performance or functionality of Strong Scrubber Content, or (iii) for any other benchmarking or competitive purposes.

7. Strong Scrubber does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

8. The use of this site requires the transfer of data over communications networks and facilities. Strong Scrubber is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. It is your responsibility to ensure that your network and systems comply with the relevant specifications provided by Strong Scrubber from time to time; and you are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to Strong Scrubber, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Builders Exchange of Grand Rapids and Western Michigan reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site.

5. YOUR USE OF Strong Scrubber CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of String Scrubber Content and User Content posted to Strong Scrubber’s corporate websites (i.e., those sites which Builders Exchange of Grand Rapids and Western Michigan directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Strong Scrubber Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, and the trademarks, service marks and logos contained therein (“Strong Scrubber Content”), are owned by or licensed to Builders Exchange of Grand Rapids and Western Michigan in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Strong Scrubber Content is provided to you “as is”, “as available” and “with all faults” and we expressly disclaim all warranties, conditions, and indemnities, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, non-infringement or any other warranty arising from the course of performance or course of dealing. You understand and agree that we will not be liable for any temporary delay, outage, or interruption of the Services, even if we are specifically notified of the possibility of damages from these. You have not entered into this Terms of Use in reliance upon any warranty or representation except those specifically set forth herein. All services provided under this Terms of Use will be deemed accepted when delivered.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage a variety of file content. By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Builders Exchange of Grand Rapids and Western Michigan that (i) you do not violate the rights of any third party, and (ii) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and on fifteen (15) days’ notice will produce written proof of such rights if requested.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related
features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Strong Scrubber Content or User Content).

6. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Project Portals generally does not screen User Content. However, Project Portals reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. Project Portals may remove any item of User Content (whether posted to a website hosted by Project Portals or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Project Portals in its sole and absolute discretion), at any time and without prior notice. Project Portals may also terminate a User’s access to this Site or the Services found at this Site if Project Portals has reason to believe the User is a repeat offender. If Project Portals terminates your access to this Site or the Services found at this Site, Project Portals may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

7. ADDITIONAL RESERVATION OF RIGHTS

Builders Exchange of Grand Rapids and Western Michigan expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any of the following reasons: (i) to correct mistakes made by Builders Exchange of Grand Rapids and Western Michigan in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, both formal and informal, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action regardless of whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Builders Exchange of Grand Rapids and Western Michigan, or the respective officers, directors, employees and agents of Builders Exchange of Grand Rapids and Western Michigan, as well as Builders Exchange of
Grand Rapids and Western Michigan’s affiliates.

8. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Strong Scrubber. Builders Exchange of Grand Rapids and Western Michigan assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Builders Exchange of Grand Rapids and Western Michigan does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Builders Exchange of Grand Rapids and Western Michigan from any and all liability arising from your use of any third-party website. Accordingly, Builders Exchange of Grand Rapids and Western Michigan encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Builders Exchange of Grand Rapids and Western Michigan, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF Builders Exchange of Grand Rapids and Western Michigan DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Builders Exchange of Grand Rapids and Western Michigan, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF Builders Exchange of Grand Rapids and Western Michigan MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Builders Exchange of Grand Rapids and Western Michigan ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Builders Exchange of Grand Rapids and Western Michigan, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF Builders Exchange of Grand Rapids and Western Michigan (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL Builders Exchange of Grand Rapids and Western Michigan, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF Builders Exchange of Grand Rapids and Western Michigan BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII)

ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “XRATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Builders Exchange of Grand Rapids and Western Michigan IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

11. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Builders Exchange of Grand Rapids and Western Michigan and the respective officers, directors, employees, and agents of Builders Exchange of Grand Rapids and Western Michigan, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Builders Exchange of Grand Rapids and Western Michigan directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

12. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or reexport of, the Services found at this Site in violation of any U.S. Export Laws. None of the  Services found at this Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “antiboycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

13. COMPLIANCE WITH LOCAL LAWS

Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. Builders Exchange of Grand Rapids and Western Michigan makes no representation or warranty that the content available on this Site or the Services found at this Site are legal or appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.

14. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

These Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of Michigan, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Kent County, Michigan, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in said courts. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.