- Use of the Site and Services
- User-Generated Content
- Copyright Policy
- Intellectual Property Rights
- Export Controls
- Warranty Disclaimer & Limitation of Liability
- Availablity and Accuracy of Information
- Force Majeure
- External Links
- Notice of Indemnification
- Arbitration; Binding Law
Welcome to www.pepagon.com (the “Site”), operated by www.pepagon.com, LLC and its affiliates (collectively, “BUILDIPEDIA”). The Site provides users with access to a wealth of information on the construction and building industries and user forums for the sharing of knowledge and information relating to these industries (the "Services"). Please read these Terms and Conditions of Use (these “Terms and Conditions”) carefully, as they govern your use of the Site and Services.
Before using the Site or the Services, you must agree to all of these Terms and Conditions by clicking “I accept” below. If you disagree with any of these Terms and Conditions, you should click “I decline” and refrain from use of the Site or the Services. BUILDIPEDIA reserves the right to change or discontinue the Site or the Services, any aspect of the Site or the Services, or these Terms and Conditions, at any time, without notice.
BUILDIPEDIA OFFERS THE SITE AND SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND BUILDIPEDIA.
You will not use the Site or Services in any way that is unlawful, or harms BUILDIPEDIA, its affiliates, service providers and/or vendors or any customer of BUILDIPEDIA, or any third party. Without limiting the generality of the foregoing, you may not use the Site or Services in any manner that could damage, disable, overburden or impair the Site (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of the Site or Services.
You must be at least eighteen (18) years of age to use the Services, and you may only have one (1) active user account at any time. You may not sell or otherwise transfer your account to any other person. A user account is required for posting content and for access to certain user forums and areas of the Site.
You are fully responsible for your activities while using the Site and/or Services, and you shall bear all risks associated with using the Site and Services. You agree not to use the Site or Services to engage in any prohibited conduct. Prohibited conduct includes, but is not limited to, using this Site or Services to: (a) intercept or interfere with any communication; (b) violate the security or integrity of, or gain unauthorized access to, the Site or any other service or system; (c) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system or data; (d) send "spam" or other unsolicited communications to any party; (e) create a "mail drop" for such communications, or engage or permit e-mail relay services; (f) impose an unreasonably large load on any system or infrastructure; (g) commit fraud; (h) "spoof" or otherwise impersonate any other party, or falsely state or otherwise misrepresent your identity or affiliation in any way; (i) send, receive, post or share any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; (j) send, receive, post or share any material that you do not have a right to make available; (k) communicate defamatory statements or materials; (l) stalk and/or harass any person; (m) engage in any conduct that would expose BUILDIPEDIA or its affiliates to civil or criminal liability; or (n) assist others in engaging in prohibited conduct.
Much of the information and materials on the Site is generated by users (“User-Generated Materials”). BUILDIPEDIA does not guarantee the accuracy of any User-Generated Materials. BUILDIPEDIA reserves the right to monitor or approve postings of User-Generated Materials to the Site, but is not obligated to do so. By accepting these Terms and Conditions, you acknowledge that BUILDIPEDIA is not responsible for any User-Generated Materials posted to the Site or otherwise available on the Services, and any reliance on such User-Generated Materials is at your own risk.
You are solely responsible for the content of any User-Generated Materials you submit to the Services and/or post to the Site. BUILDIPEDIA reserves the right to edit, modify, remove or otherwise alter or refuse to post any User-Generated Materials, without notice to the user who contributed such User-Generated Materials. By accepting these Terms and Conditions, you waive any rights you may have in and to such User-Generated Materials, including any copyrights or moral rights you may have in such materials.
BUILDIPEDIA takes seriously any claims of copyright infringement pertaining to User-Generated Materials available on the Site. Any person (a “Claimant”) may notify BUILDIPEDIA of potential copyright infringement on the Site by way of a written communication provided to BUILDIPEDIA’S designated agent (identified below) that includes substantially all of the following information (the “Notification”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single Notification, a representative list of such works on the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BUILDIPEDIA to locate the material.
Information reasonably sufficient to permit BUILDIPEDIA to contact the Claimant, such as an address, telephone number, and, if available, an electronic mail address at which the Claimant may be contacted.
A statement that the Claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification containing substantially all of the foregoing information, BUILDIPEDIA will expeditiously remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. BUILDIPEDIA will also promptly notify the user who is responsible for the posting of such allegedly infringing material to the Site (the “Responsible Person”) that such material has been removed, or access to such content has been disabled. Such Responsible Person may then file a counter-notification with BUILDIPEDIA’s designated agent that includes substantially all of the following information (the “Counter-Notification”):
A physical or electronic signature of the Responsible Person.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Responsible Person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The Responsible Person’s name, address, and telephone number, and a statement that the Responsible Person consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Responsible Person’s address is outside of the United States, for any judicial district in which BUILDIPEDIA may be found, and that the Responsible Person will accept service of process from the Claimant or an agent of such Claimant.
Upon receipt of a Counter-Notification containing substantially all of the foregoing information, BUILDIPEDIA will promptly send a copy of such Counter-Notification to the Claimant and will notify Claimant that it will replace the removed material or cease disabling access to it within 10 business days. Unless the Claimant provides written notice to the designated agent that the Claimant has filed an action seeking a court order to restrain the Responsible Party from engaging in the infringing activity relating to the allegedly-infringing material, BUILDIPEDIA will replace the removed material or cease disabling access to it not less than 10 days following receipt of the Counter-Notice.
Any person who knowingly misrepresents (i) that any material, content, or activity is infringing or (ii) that material or activity was removed or disabled by mistake or misidentification, shall be liable in damages as provided in Section 512(f) of the United States Copyright Act, as amended (17 U.S.C. § 101 et seq.).
Any copyright infringer may be denied future access to the Site or Services.
You may be required to obtain a username and password in order to access the Site and/or use the Services. You are solely responsible for maintaining the confidentiality of your username and password. BUILDIPEDIA is not responsible for any loss or damage resulting from any unauthorized use of your username or password or your identify on the Site.
The Site, the User-Generated Materials, and the other content provided herein, including but not limited to text, photos, video, graphics, audio, and any software that is made available for viewing or download from the Site (collectively "Content"), is protected by U.S. and/or international copyright law. The Content is made available solely for your personal use, subject to these Terms and Conditions. Any reproduction, redistribution, performance or display of the Content, or any portion of the Content, not in accordance these Terms and Conditions is expressly prohibited by law and may result in civil or criminal penalties. The Site includes references to trademarks of BUILDIPEDIA and others. Nothing contained on the Site or in these Terms and Conditions should be construed as granting any license or right to use any Content or trademark displayed on the Site without the written permission of BUILDIPEDIA or such third party that may own the Content or trademarks displayed on the Site. You agree to abide by all copyright notices, information or restrictions contained in any Content accessed through the Service. Use of any third party trademarks on the Site does not suggest any affiliation, association, approval or sponsorship between BUILDIPEDIA and any such third party.
BUILDIPEDIA does not currently charge fees to users of the Site, but reserves the right to charge fees for access to the Site or use of the Services at any time. If BUILDIPEDIA establishes any fees for the service, BUILDIPEDIA will notify you and obtain your consent in advance of any charges being incurred.
No software may be downloaded or otherwise exported into any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
BUILDIPEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, THE USER-GENERATED MATERIALS OR ANY SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUILDIPEDIA MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, CONTINUITY, APPROPRIATENESS AND SUITABILITY FOR ANY PURPOSE, OF ANY INFORMATION CONTAINED IN THE SITE. IN NO EVENT SHALL BUILDIPEDIA (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE, OR LOSS OF USE, OF THE SERVICES OR THE SITE, OR ANY INFORMATION, CONTENT OR USER-GENERATED MATERIALS CONTAINED ON THE SITE REGARDLESS OF THE NATURE OF THE ACTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND THE SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BUILDIPEDIA DOES NOT WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. NO ORAL STATEMENT OR INFORMATION GIVEN BY BUILDIPEDIA (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) SHALL CREATE ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF BUILDIPEDIA’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH BUILDIPEDIA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, IN NO EVENT SHALL BUILDIPEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE FEES RECEIVED BY BUILDIPEDIA FOR THE SERVICES AT ISSUE OR $100, WHICHEVER IS LESS.
BUILDIPEDIA makes no commitment to update any information provided on the Site.
BUILDIPEDIA shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, ISP outage or delay, network or pipeline disruption, severe weather conditions, information unavailability, strikes or other labor disputes, riots, fire, insurrection, war, failure of carriers, accidents, acts of God or any other causes beyond BUILDIPEDIA’s reasonable control.
The Site may contain hyperlinks to other websites owned and operated by third parties. The linked sites are not under BUILDIPEDIA’s control and BUILDIPEDIA is not responsible for the contents of any third party web site or any information or services provided by such third parties. The presence of any hyperlink does not imply endorsement by BUILDIPEDIA of the linked web site.
You agree to defend, indemnify and hold harmless BUILDIPEDIA, its parent companies, subsidiaries, affiliates, employees, agents, contractors, telecommunication providers, content providers, successors and assignees and each of their respective owners, officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of the Site or Services, the use of any third party websites or services or any breach by you of these Terms and Conditions.
All disputes arising between you and BUILDIPEDIA, out of or in relation to or in connection with this Site, or Services provided to you by BUILDIPEDIA, including without limitation any statutory, common law, regulatory, local, state, federal or constitutional claims, shall be finally resolved by arbitration conducted in Columbus, Ohio, in accordance with the rules for commercial arbitration of the American Arbitration Association ("AAA") in effect at the time such arbitration is initiated. A single arbitrator will be selected by you and BUILDIPEDIA to resolve the dispute consistent with the rules and procedures of the AAA, and the decision of the arbitrator shall be final and binding upon all parties. You will be responsible for paying your own arbitration fees, attorneys’ fees and related expenses, including witness fees (if any). Any questions involving contract interpretation shall be made in accordance with the laws of the State of Ohio without regard to the laws of conflict. IN ADDITION, YOU AGREE THAT ANY ARBITRATION THAT YOU INITIATE THAT ARISES FROM OR RELATES TO THESE TERMS AND CONDITIONS, THE SITE, OR SERVICES PROVIDED BY BUILDIPEDIA MUST BE INITIATED WITHIN ONE (1) YEAR FROM THE DATE ON WHICH YOUR CLAIM ACCRUES, AND THAT NO CLAIM MAY BE ASSERTED AFTER THAT TIME. YOU FURTHER AGREE THAT NO CLAIM IN THE NATURE OR FORM OF A CLASS ACTION WILL BE ASSERTED IN THE ARBITRATION PROCEEDING. Notwithstanding the foregoing agreement to arbitration, BUILDIPEDIA shall have the right to bring legal action against you in a court of law to protect and enforce BUILDIPEDIA's intellectual property or indemnification rights, including recovery of any damages. IN THE EVENT THAT ANY SUCH ACTION IS INITIATED BY BUILDIPEDIA, YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF OHIO FOR PURPOSES OF SUCH ACTION AND YOU WAIVE ANY OBJECTION TO PERSONAL JURISDICTION, VENUE, OR FORUM NON CONVENIENS IN SUCH COURTS. IN ADDITION, YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION.
You may terminate your user account (if applicable) at any time by providing notice of such termination to BUILDIPEDIA. BUILDIPEDIA reserves the right to terminate your access to the Site and the Services immediately, (a) in the event you breach any of these Terms and Conditions (as such Terms and Conditions may be modified from time to time), or (b) upon BUILDIPEDIA’s determination to terminate the Site and/or the Services. In the event of any termination, the rights and obligations under these Terms and Conditions, including but not limited to the provisions relating to intellectual property rights, warranty disclaimers, limitations of liability and of remedy, indemnification and arbitration, shall survive indefinitely. You understand and agree that the termination of your account, and discontinuing use of the Site, is your sole right and remedy with respect to any dispute with BUILDIPEDIA, the Site, or any of its terms, conditions, rules, policies, guidelines or practices. BUILDIPEDIA’s termination of your account for a breach of any of these Terms and Conditions shall not limit or affect BUILDIPEDIA’s right to obtain other appropriate relief, either at law or in equity.
You acknowledge that BUILDIPEDIA will have access to your personal information and you consent to the use of such information to help design, improve and market BUILDIPEDIA's products and services, or in any other fashion deemed reasonably appropriate by BUILDIPEDIA. The information collected by, or on behalf of, BUILDIPEDIA, is the exclusive property of BUILDIPEDIA and may be used in any fashion deemed reasonably appropriate by BUILDIPEDIA (subject to applicable laws), which may include the sale, or sharing or release of such personal information (with the exception of personal financial information) with/to BUILDIPEDIA’s parent companies, subsidiaries, affiliates and other third parties. Furthermore, BUILDIPEDIA may use the individual identifying information you provide in order to be able to send you communications that may be of particular interest to you. You are advised that in the event of an investigation by state or federal authorities, you specifically authorize BUILDIPEDIA to disclose any personal information, and you release BUILDIPEDIA from all liability in this regard to the full extent possible by law.
A note about our advertisements:
- Google's use of the DART cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
You agree that if any provision(s) of these Terms and Conditions is(are) determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of these Terms and Conditions will continue to have legal effect. You agree that these Terms and Conditions constitute the entire agreement between you and BUILDIPEDIA regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and BUILDIPEDIA regarding its subject matter. These Terms and Conditions may not be modified orally, but may only be modified in writing through the posting of revised Terms and Conditions through the Site. Any rights not expressly granted herein are reserved by BUILDIPEDIA.
BUILDIPEDIA reserves the right to make changes to the Site, the Services and these Terms and Conditions at any time, which changes shall become effective immediately upon posting on the Site.