Terms & Privacy
TopBuilder Solutions, LLC (“TopBuilder”) hopes you find our software products (“Software”) and services beneficial and easy to use.
1. Acceptance of Terms.
By visiting the website www.topbuildersolutions.com (or the “Site”), viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.topbuildersolutions.com, you acknowledge you have read and agree to be bound by the following Terms and Conditions of Service (“Terms and Conditions”) to the exclusion of all other terms. If you do not want to be unconditionally bound by and be a party to our Terms and Conditions your only option is not to visit, view, or otherwise use the services of www.topbuildersolutions.com. You understand, agree and acknowledge that these Terms and Conditions constitute a legally binding agreement between you and TopBuilder, owner and operator of www.topbuildersolutions.com, and that your use of www.topbuildersolutions.com shall indicate your conclusive acceptance of this Agreement.
2. Provision of Services.
You agree and acknowledge that www.topbuildersolutions.com is entitled to modify, improve or discontinue any of its services, prices and fees at its sole discretion and without notice to you. You also agree and acknowledge that the modification or discontinuance of its services may result in you being prevented from accessing any information contained in it by posting a notice on its Site. Furthermore, you agree and acknowledge that TopBuilder is entitled to provide services to you through third party service providers, subsidiaries or affiliated entities.
3. Proprietary Rights.
You acknowledge and agree that www.topbuildersolutions.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. TopBuilder authorizes you to view and make a single copy of portions of www.topbuildersolutions.com content for offline, personal, non-commercial use. Our content may not be sold, reproduced, assigned, transferred or otherwise distributed without TopBuilder’s prior written consent, which consent may be delayed or denied in its sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are fully reserved. Email Templates developed by TopBuilder for use by the Software is for the exclusive use by the TopBuilder Software. TopBuilder retains full copyright to the newsletter and email templates. Users of the Software agree not to reproduce, archive, reuse, or republish the email templates contained in or used for the TopBuilder Software in any form, or to make the email templates available to the general public, either in electronic or hard-copy format. Newsletter and email marketing users agree not to reproduce, archive, reuse, or republish the articles contained in or used for the newsletter in any form, or to make the content available to the general public, either in electronic or hard-copy format. TopBuilder retains full copyright to the articles in the newsletter and promises that all content for the newsletter is original and has been written exclusively for the TopBuilder newsletter.
4. Submitted Content.
When you submit content to www.topbuildersolutions.com, you simultaneously grant TopBuilder an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You expressly confirm and warrant that you have the required authority to grant the above license to TopBuilder.
a. What personally identifiable information is collected from you through the Site, how it is used, and with whom it may be shared.
b. What choices are available to you regarding the use of your data.
c. The security procedures in place to protect the misuse of your information.
d. How you can correct any inaccuracies in the information.
6. Information Collection, Use and Sharing.
7. Your Access to and Control over Information
You may opt out of any future contacts from TopBuilder at any time. You can do the following at any time by contacting us via the email address or phone number given on our Site:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
TopBuilder takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card data, etc.), that information is encrypted and transmitted to TopBuilder in a secure way. You can verify this by looking for a closed lock icon at the bottom of your webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees or authorized agents of TopBuilder who have a need to know the information to perform a specific job (e.g., billing, customer service, etc.) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. However, you are responsible for safeguarding your username and password that you are using to access your account with TopBuilder and you should not disclose that information to any third party. You assume full responsibility for all actions taken under your account by you or any third party. You agree to notify TopBuilder immediately of any unauthorized use of your account.
In order to use this Site, a user must first complete the registration form. During registration, a user is required to give certain information (e.g., name and email address, etc.). This information is used to contact you about the Software and services on our Site in which you have expressed interest. At your option, you may also provide demographic information (e.g., gender, age, etc.) about yourself, but it is not required.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. In addition, we use a credit card processing company to bill users for the Software . These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
This Site contains links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other website that collects personally identifiable information.
14. Surveys and Contacts.
From time to time our Site requests information through surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (e.g., name and shipping address, etc.), and demographic information (e.g., zip code, age level, etc.). Contact information will be used to send unsolicited product updates and promotions related to the Software and other product or service offerings of TopBuilder.
15. Termination of Terms and Conditions.
These Terms and Conditions will continue to apply in perpetuity until revised or terminated by TopBuilder in its sole discretion.
16. Disclaimer of Warranties.
You understand and agree that your use of www.topbuildersolutions.com is entirely at your own risk and that our Software is provided "As Is" and "As Available." TOPBUILDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE WWW.TOPBUILDERSOLUTIONS.COM SITE, INFORMATION, CONTENT, MATERIALS OR SOFTWARE PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
17. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT TOPBUILDER, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT TOPBUILDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF TOPBUILDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
18. External Content.
Our Site, www.topbuildersolutions.com, may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.topbuildersolutions.com is not responsible for and does not endorse any advertising, products or resources available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Houston, Harris County, Texas, regardless of any conflicts of law issues, to resolve any legal matter arising from these Terms and Conditions or related to your use of www.topbuildersolutions.com. If the court of law having jurisdiction rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from these Terms and Conditions and the remaining Terms and Conditions will continue to be valid. These Terms and Conditions and performance hereunder shall be governed by and construed in accordance with the substantive laws of the State of Texas.
20. Entire Agreement.
You understand and agree that these Terms and Conditions constitute the entire general Agreement between you and TopBuilder regarding the use of www.topbuildersolutions.com, the subject matter of these Terms and Conditions. You may be subject to additional terms and conditions when you use, purchase or access our Software, products, other services, affiliate services or third-party content or material.
21. Changes to the Terms and Conditions.
TopBuilder reserves the right to modify these Terms and Conditions from time to time at our sole discretion and without any notice. Changes to our Terms and Conditions become effective on the date they are posted and your continued use of www.topbuildersolutions.com after any changes to these Terms and Conditions will signify your agreement to be bound by them.