-
Headings. Headings used in these Terms are solely for the convenience of the parties and shall have no effect in the construction or interpretation of these Terms.
-
Choice of Law, Jurisdiction and MANDATORY ARBITRATION. These Terms shall be construed and enforced under the laws of the State of New York, excluding her choice of law provisions, and it shall be construed in a manner so as to conform with all federal, state, and local laws and regulations. The parties agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes) ("Small Claims Disputes"), which Small Claims Disputes shall be brought in the appropriate state court of limited jurisdiction located in New York, New York, any controversy or claim, whether at law or equity, arising out of or related to these Terms or to your use of the Sites, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. The arbitration shall be held in New York, New York before a single arbitrator and shall be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect except to the extent specifically modified herein. Notwithstanding anything to the contrary herein, the Parties agree that the arbitration proceedings may occur pursuant to virtual sessions. The arbitrator shall determine the arbitrability of any disputes and the applicability of this Section 12 and shall be empowered to grant interim and injunctive relief. With respect to Small Claims Disputes, each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. In any action or dispute resolution relating to these Terms or to your use of the Sites, the prevailing party will be entitled to costs and attorney's fees.
-
Assignment. Neither party may assign its rights and obligations under these Terms without the prior written consent of the other party, except in the case of merger or acquisition of a substantial amount or all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. Any attempted assignment in breach of this section shall be void.
-
Amendment. BuildingLink can in writing modify, add, remove, or otherwise change any portion of the Terms or of any other Site Policies, at any time in its reasonable discretion. Except as otherwise expressly provided in these Terms or in the Site Policies, the changes will become effective and will be deemed to have been accepted by you upon the public posting of such changes to the online version of these Terms or Site Policies. You agree that each visit to or use of the Sites by you shall be subject to the current guidelines.
-
Modification of the Sites or Services. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you(except where prohibited by applicable law): (a) we may change parts or all of the Sites, the Services, or their functionality; (b) we may suspend or discontinue parts or all of the Sites or Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your accounts; and (e) we may change our eligibility criteria to use the Sites or the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).
-
Changes to the Terms of Use. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post such changes and apply to all access to and use of the Sites. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
-
Force majeure. BuildingLink shall not be in breach of these Terms or liable to you if there is any total or partial failure of performance of the Sites or the Services resulting from any act, circumstance, event or matter beyond the reasonable control of BuildingLink. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond the reasonable control of BuildingLink.
-
Support. BuildingLink may offer support services by separate written agreement. No support services are offered under these Terms.
-
Waiver. The waiver of any breach or default under these Terms does not constitute the waiver of any subsequent breach or default.
-
Survival. The provisions contained in the Terms that by their sense and context are intended to survive the expiration or termination of the Terms, will survive such expiration and termination, including but not limited to provisions relating to Intellectual Property Rights in or relating to the Sites.
-
Export Restrictions. You acknowledge that the Sites are of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Sites, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
-
Severability. Should any provision(s) of the Terms be invalid, unlawful, or unenforceable, this shall not affect the validity of any other provision(s) of the Terms to the Terms as a whole.
-
Entire Agreement. These Terms, together with any other agreements or policies that may be posted or displayed on the Sites, supersede all earlier agreements between the parties and contain the final and entire agreement between the parties with respect to the subject matter hereof.
-
Notices. Any notice hereunder shall be in writing and addressed to BuildingLink.com, LLC, 85 Fifth Avenue, Floor 3, New York, N.Y. 10003, or to you at the email associated with your account. Written notice shall include notice to you by email.