Terms of Service
Thanks for using BuildingVibe products and services. This Agreement defines the terms and conditions under which Buiidling Vibe, LLC. ("Buildingvibe") will deliver and support the Software, as defined below. By using the Software, you agree to be bound by the terms and conditions of this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. By agreeing to the term and/or accessing the Software, the Licensed User acknowledges that he has read this Agreement, understands it and agrees to be bound by it. If the Licensed User does not agree to all of the terms and conditions in this Agreement, no license to the Software shall have been granted and the Licensed User should not access or otherwise utilize the Software.
Building Vibe, LLC has designed, created, owns and operates an online application program and website (BuildingVibe) for the purpose of communication services to tenants, building employees, owners and/or managers of buildings. The website is located at http://buildingvibe.com . Customer will retain all right, title and interest in and to the data the permitted users provide and the data that is generated through the use of the services. BuildingVibe does not claim ownership over any of your content.
MEMBER ACCOUNT, PASSWORD AND SECURITY:
If you have been issued an account by BuildingVibe in connection with your use of the services, you are responsible for safeguarding your password and any other credentials used to access that account. If you become aware of any unauthorized access to your account, you should notify BuildingVibe immediately. Accounts may not be shared and may only be used by one individual per account.
SUBSCRIPTION TERM AND FEES:
Subscription Term covered by this Agreement will commence upon the date designated in the initial customer order and will continue for a 12 month period. BuildingVibe may change the fees charged for the services at any time, provided that, the pricing and payment terms on each subscription will remain in effective until expired or terminated. BuildingVibe will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your services before the change becomes effective. The terms will be effective when the customer subscribes to BuildingVibe. The parties may from time to time in the future enter into one or more supplemental custom subscription based on customer building sizes or unit count that exceed standard subscription plan described in the public website Buildingvibe.com.
THIRD PARTY SERVICES:
Our services may require you or a third party to provide us with a list of tenants or residents associated with your properties. You must inform tenants or residents about the general collection, use and disclosure of personal information collected about them and obtain the corresponding consent to such collection, use and disclosure. All personal information must only be from tenants or residents over the age of 18 years and will not subject BuildingVibe to liability under the Children’s Online Privacy and Protection Act.
REPRESENTATIONS AND WARRANTIES:
BuildingVibe does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other content on this server or any other server. Such content has been compiled from a variety of sources, and is subject to change without notice from BuildingVibe. To the fullest extent permitted by law, BuildingVibe disclaims all representations and warranties of any kind whatsoever for the content of any customer-provided materials or information made accessible by or accessed through, the program. It is solely the responsibility of customer and the permitted users to evaluate the accuracy, completeness, usefulness, security and validity of all building information, and customer and the permitted Users, as applicable, will be solely responsible for the accuracy and integrity of any building information posted by them, respectively.
MODIFICATIONS TO SERVICE:
BuildingVibe may add, alter, or remove functionality from a service at any time without prior notice. BuildingVibe may also limit, suspend, or discontinue a service at its discretion. If BuildingVibe discontinues a Service, we will give you reasonable advance notice. BuildingVibe may remove content from the services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances. BuildingVibe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. BuildingVibe reserves the right to change the user interface, appearance and functionalities of the program from time to time in its sole discretion without diminishing the services provided.
CONDITIONS OF USE:
Appearance within this website of the name, profile, website link or any other information or materials about a company, organization, individual or entity does not imply BuildingVibe approves or endorses that company, organization, individual or entity, or any of its affiliates, officers, directors, members, employees, agents or representatives, or any of their respective websites, opinions or activities of any nature whatsoever.
Communications made through this website e-mail and message system shall in no way be deemed to constitute legal notice to Building Vibe, LLC or any of its affiliates, officers, directors, members, employees, agents or representatives with respect to any existing or potential claim or cause of action against BuildngVibe, where notice to is required by any federal, state or local laws, rules or regulations.
Customer desires to subscribe for the right to have Internet access to, and use of, the services to facilitate communications and obtain feedback about their building. Customer and each permitted user is responsible for obtaining Internet access to the BuildingVibe server. Each permitted user, if it desires to utilize the Program's login and e-mail notifications, must also maintain a functioning e-mail account. Customer acknowledges it has reviewed BuildingVibe and is reasonably familiar with the nature and scope of the services currently provided.. BuildingVibe agrees to take all reasonable steps to maintain the program and provide the services to customer.
Customer and other permitted users will be able to add to, or change the content of the information they desire to include on, or make accessible through, the program. Customer and each permitted user may modify the content of the Building Information as frequently as it and they desire. The Program will be available for use approximately 24 hours a day, normal maintenance and unforeseen software, hardware or communications problems excepted.
DISRUPTION OF SERVICE:
Wherever possible, maintenance will be performed by BuildingVibe at times that will minimize disruption of services to customer. BuildingVibe warrants that it will continue to maintain adequate hosting and storage capability that is reasonably necessary to provide for the proper functioning of the Program and services.
INTELLECTUAL PROPERTY RIGHTS:
BuildingVibe will retain all right, title and interest in and to the program including, without limitation, ownership of all copyrights, trademarks, patents, look and feel, trade secret rights and any other intellectual property rights recognized under any applicable law.
Customer and the permitted users accepts, a non-exclusive license to use the program in accordance with, and as limited by, the terms described. Customer may assign the license to any person or entity which acquires the Building from customer and assumes customer's managerial or financial responsibility for the building.
LIMITATION OF LIABILITY:
Customer expressly understand and agree that BuildingVibe shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service (including any injury or other bodily harm that may result from your use of the service); (II) the cost of procurement of substitute goods, data, information or services purchased or obtained or messages received into through or from the service; (III) unauthorized access to or alteration of your transmission or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service. In no event shall BuildingVibe’s total liability to you for all damages losses or causes of action exceed the amount of commissions/fees that you have paid to BuildingVibe as a customer during the term of the subscription.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, Accordingly, some of the above limitations may not apply to you.
When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
If you have any questions regarding the Term of Service, please contact BuildingVibe at firstname.lastname@example.org