Post & BIM Terms of Service
Last Updated: June 22, 2015
Thank you for selecting the services (the “”) offered by Post and BIM, Inc. (“” or “”). This Agreement is a legal agreement between you and P&B
By registering for or using the Service, you represent and warrant that you have the authority to accept these terms on your own behalf, or on behalf of a business if you are registering on behalf of a business. If an individual, you represent and warrant that you are at least 18 years of age.
1 License to Use the Service; Ownership of Materials, Software, and IP.
Service Use License. Service hereby grants you a nonexclusive and nontransferable license to access and use the Service, and to download and install mobile applications and other software used to deliver the Service solely during the term of this Agreement and in accordance with this Agreement, and solely for your personal use, or you internal business purposes if you are a business. The Service may, from time to time in the ordinary course of business, refine, modify, or improve current functionality or develop additional functionalities.
Reservation of Rights. P&B reserves all rights of ownership in the Service not expressly granted to you herein. The terms “purchase” and “sale” in reference to any software notwithstanding, it is expressly agreed by the parties that title to software provided by Service does not pass to you. Your rights with respect to software will only be that of a licensee.
User Restrictions. You agree not to: (a) permit any third party to access or use the Service; (b) license, sublicense, sell, resell, transfer, assign, frame, mirror or distribute the Service; (c) modify or make derivative works based upon the Service; (d) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service; or (e) copy or reverse engineer the Service or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service.
Removal of User Content and Service Data. You agree and acknowledge that P&B has no obligation to retain User Content and that such User Content may be irretrievably deleted by P&B on termination of your account.
2 License Restrictions.
Technical Restrictions. You agree that you will not:
(a) Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Service, without P&B’s express written consent, which may be withheld in P&B’s sole discretion;
(b) Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);
(c) Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
(d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
(e) Reproduce, duplicate, copy, deconstruct, sell, trade, resell, frame or mirror the Service.
(f) Attempt to access any other P&B systems that are not part of these Service.
(g) Excessively overload the P&B systems used to provide the Service.
Appropriate Use. You agree not to use the Service to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
(c) Except as otherwise permitted by P&B in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(d) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Social Networking. The Service may include social networking features to exchange information with other users of the Service and the public. When you interact with other users: (a) please use respect; and (b) do not reveal information in the social networking features that you do not want to make public. Also be aware that (a) P&B does not support and is not responsible for the accuracy of others’ content in these features, and (b) users may post hypertext links to content hosted and maintained by third parties for which P&B is not responsible.
Monitoring of Content. P&B may, but has no obligation to, monitor content on the Service. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect P&B or its customers, or operate the Service properly. P&B, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
General Practices. You acknowledge that P&B may establish general practices and limits concerning the use of the Service, including without limitation P&B’s policy on retention and deletion of Content. You further acknowledge and agree that P&B reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3 Account Security
You are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your computer, mobile phone or other internet device to prevent theft, viruses, spyware or other malicious software from stealing your password information or data. P&B bears no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions, including changing your password promptly upon discovery of any security issue.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify P&B through our feedback form at www.postandbim.com/contact-us.
Other P&B And Third Party Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by P&B. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. If you decide to use any third party products or access any third party sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.
Payment Terms. If you use a paid version of the Service, you will pay P&B fees for the Service as set forth on your account profile. All charges are exclusive of taxes and similar charges. You will be responsible for all sales, use, value-added or other taxes resulting from services rendered under this Agreement other than taxes based on P&B’s income and except to the extent you are a tax-exempt entity. A late fee of one and one-half percent (1.5%) per month or the highest rate allowed under the law, whichever is lower, shall be assessed against overdue amounts.
Payment Methods. You must pay with one of the following:
(a) A valid credit or debit card acceptable to P&B;
(b) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
(c) By any other payment option made available by P&B.
If your payment and registration information are not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Service
5 Disclaimer Of Warranties; Limitation Of Liability
AS IS WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. P&B, ITS AFFILIATES, PARTNERS AND ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “AGENTS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICE, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF INFORMATION IN OR LINKED TO THE SERVICE. P&B AND ITS AGENTS DO NOT WARRANT THAT THE SERVICE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICE, WHICHEVER IS SOONER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF P&B AND ITS AGENTS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO P&B FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM AND $100. P&B AND ITS AGENTS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES INDIVIDUALS INCUR AS A RESULT OF OUR EFFORTS TO MATCH THEM WITH APPROPRIATE FACILITIES, (C) LOSSES OR INJURIES INDIVIDUALS OR FACILITIES MAY SUFFER RESULTING FROM ANY PROFESSIONAL SERVICES FACILITATED BY THE SERVICE; OR (E) OR ANY OTHER INTERACTION BETWEEN YOU AND ANY THIRD PARTIES AS A RESULT OF YOUR USE OF THE SERVICE. THE ABOVE LIMITATIONS APPLY EVEN IF P&B AND ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF P&B AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO P&B TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICE AND OTHER OFFERINGS PROVIDED BY P&B.
You agree to indemnify and hold P&B and its Agents harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs made by third parties and, arising out of your use of the Service or breach of this Agreement (collectively referred to as “Claims”). P&B reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by P&B in the defense of any Claims.
By You. You may cancel your account or any part of the Service at any time; provided that P&B will not refund any pre-paid fees upon such termination or cancellation. P&B reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).
Effect of Termination. Upon termination of your account for any reason, P&B reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your account; (c) prohibit your access to your account, including without limitation by deactivating your password; and (d) refuse your future access to the Service.
Governing Law And Jurisdiction. The internal, substantive laws of the State of California govern this Agreement without regard to its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. As a material inducement to P&B to enter into this Agreement and provide you access to the Service, you agree to the exclusive jurisdiction of state or federal courts located in Los Angeles, California for any legal proceedings arising from your use of the Service. P&B does not represent that information on the website for the Service is appropriate or available for use in all countries. P&B prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
Integration. This Agreement is the entire agreement and understanding between you and P&B and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter.
Assignment. You may assign this Agreement only with the written consent of P&B, which may not be unreasonably withheld.
Enforceability. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. P&B’s right and remedies under this Agreement are intended to be cumulative and any failure by P&B to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which P&B is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of P&B’s rights or remedies, all of which will still be and remain available to P&B.