OVERVIEW
Welcome to Navibuilder Building Intelligence, LLC, a California limited liability company (referred to herein as “we”, “us” and “our” and Navibuilder) Terms and Conditions of Use (referred to herein as the “Terms”). These Terms apply to all users of our related websites, and this web application, related mobile application, and other platform features now in effect or hereinafter created (the “Platform”).

Navibuilder licenses and operates a DeepetIntel™ Enterprise Account on the Platform which is an online database and community for those in the construction industry (collectively, the “Services”) powered by Navitent, Inc. DeeperExchange™.

Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such party’s behalf and that such entity agrees to be responsible to us if you or that person violates these Terms.

Any new features or tools which are added to the current Platform shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. You agree that it is your responsibility to monitor changes to these Terms.

The end user is also subject to the Terms of Service provided by Navitent.com at https://www.navitent.com/navitent/legal/terms.html. At no time may these Terms be considered to be less restrictive, or more advantageous to the user, than the related Terms of Service provided by Navitent.com.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use these Services.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform Navibuilder operates through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

We reserve the right to modify our content on this Platform at any time, but we have no obligation to update any information on the Services. Additionally content providers may change the content hosted for them on this Platform. You agree that it is your responsibility to monitor changes on the Services and the Platform.

SECTION 4 – MONTHLY SUBSCRIPTION, TERMS OF SALE, AND CANCELLATION
We offer a monthly subscription for becoming a registered user of and accessing Navibuilder Services. Specific details are more particularly described on the Platform at the time of purchase.

WHEN YOU SIGN UP FOR A NAVIBUILDER ACCOUNT, YOU MAY BE CHARGED MONTHY FOR YOUR CHOSEN ACCOUNT LEVEL. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) NAVIBUILDER OR OUR THIRD-PARTY PROCESSOR IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR NAVIBUILDER ACCOUNT FOR AS LONG AS THE SUBSCRIPTION CONTINUES; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED.

If you want to terminate your Navibuilder Account on the Platform, you need to do so in accordance with these Terms.

All prices shown for your Navibuilder Account are shown in U.S. Dollars. We reserve the right to change our services at any time, provided that if we change the amounts or other charges associated with your Navibuilder Account, we will provide you thirty (30) days advance written notice of such changes. We reserve the right to discontinue portions of offerings in a Navibuilder Account at any time.

You are able to cancel or pause your Navibuilder Account upon thirty (30) days written notice to Navibuilder, which must be done through your Navibuilder Account. No oral cancellations or pauses are accepted. If you cancel or pause your account, you will have access to your subscription-required content and features in your Navibuilder Account through the end of the applicable billing period. Once the applicable billing period has ended, you will no longer be able to access the subscription-required content and features on Navibuilder.

SECTION 5 - PRODUCTS OR SERVICES
All descriptions of products or services or product or service pricing are subject to change at anytime without notice, at the sole discretion of us or our content providers. We and our content providers reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Platform is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on this Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All sales of services on the Platform are final.

SECTION 7 – NAVIBUILDER INTELLECTUAL PROPERTY AND LICENSE.
The contents of our Website and the Platform are protected by United States and international copyright laws. The contents of our Website and Services on the Platform are owned exclusively by Navibuilder or licensed to us except where covered by the intellectual property of a third-party or content ccontributor. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Platform or Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Navibuilder and the Platform.

Navibuilder and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Navibuilder. All rights in these Marks are reserved by Navibuilder. You may not use any Navibuilder-provided Marks or other logos or graphics, without our prior written consent.

By using the Services, Navitent grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website and the Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the Website or Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any content or comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Navibuilder, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Navibuilder and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, you actions or inactions on the Platform, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Platform or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

The use of the Services is further subject to the Terms of Service of Navitent.com.

SECTION 18 - GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of California.

Except for non-payment by you, any dispute arising from this Agreement shall be subject to binding arbitration. The prevailing party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division.

Navibuilder and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.

SECTION 19 – CLASS ACTION WAIVER
To the extent permitted by applicable law, you and Navibuilder agree that any dispute arising out of these Terms or your use of the Platform is personal to you and Navibuilder and that any disputes, if any, will be resolved solely through individual arbitration (except for non-payment by you) in accordance with Section 18, above, and will not be brought as a class arbitration, class action or any other type of similar proceeding.

SECTION 20 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Services. It is your responsibility to check the Services and the Platform periodically for changes. Your continued use of or access to the Platform or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms should be sent to us at using our Contact Us page.