Terms and Conditions
These Terms and Conditions (“Terms and Conditions” or “Terms of Service”) govern your use of www.buildingradar.com, and any other sites with redirects to this webpage, respectively (collectively, this “Site”), which are provided by Building Radar (“BR” or “we”). As used in these Terms and Conditions, the term “including” means “including, but not limited to.” If there are any questions regarding these Terms and Conditions you may contact us via the BR contact page or via email at email@example.com.
I. Acceptance & Modifications
- ACCEPTANCE OF OTHER BR AGREEMENTS: We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” If any of additional terms are different than the terms of these Terms and Conditions, the terms of the additional terms will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the additional terms.
- MODIFICATIONS OF THESE TERMS AND CONDITIONS: We may update or modify these Terms and Conditions at any time without prior notice, by posting changes on this site (https://buildingradar.com/product/terms-conditions/). These changes will be effective as of the date we post the revised version on this Site, except that changes to subscription fees and features will become effective as to any existing subscriber upon completion of its then-current subscription term. By using this Site following any such changes to these Terms and Conditions, you agree to be bound by those changes. Your only right with respect to any dissatisfaction with any revisions to the Terms and Conditions is to cancel your subscription to this Site and discontinue your use of this Site. You may access the current version of these Terms and Conditions at any time by clicking on the link marked “Terms and Conditions” at the bottom of each page of this Site. For your convenience, whenever these Terms and Conditions are changed, we will update the sentence below: THESE TERMS AND CONDITIONS WERE MODIFIED AND WENT INTO EFFECT ON March 27, 2015.
II. Application, Term, Fees & Payment
- APPLICATION: You may subscribe to this Site online via the Order Form. Subscription applications submitted online are considered “pending acceptance and approval” and are not complete until a confirmation of approval and acceptance has been sent by BR. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.
- TERM AND NON-RENEWAL: The term of the agreement set forth on the Order Form (the “Initial Term”), is not cancellable during that time. Upon the expiration of the Initial Term of a subscription agreement, the Agreement shall automatically renew for twelve (12) months without any promotional months (“Renewal Terms”; the Initial Term, together with any Renewal Terms, is hereinafter referred to as the “Term”) unless cancelled by either party on written notice delivered at least ninety (90) days prior to the expiration of the then-current Term. Products denominated as “one time” do not renew. BR may terminate this Agreement upon at least ninety (90) days advance written notice in the event that BR generally discontinues offering to its customers the product or service provided hereunder, provided that Customer may, at its discretion, elect to receive a pro rata refund of any fees paid in advance or apply such fees toward a subscription to an alternative BR product. BR does not accept notices of termination or non-renewal by e-mail regardless of whether such notice is actually received by BR. BR will provide an e-mail confirmation of your termination or non-renewal to the address you designated when subscribing. If you undertake any action or fail to take any action in breach or contravention of these Terms and Conditions, including failure to make any required payment when due, BR may immediately and without notice terminate your subscription and/or block or prevent your access to and use of this Site.
- FEES AND PAYMENT: The current subscription fees for the various subscription plans may be found on the Order Form of this Site, on the Order Form sent to you by E-Mail from a BR employee, and under the BR pricing page. Customer agrees to pay the fees set forth in the Order Form in accordance with the schedule in the Order Form. All payments are due 30 days after the date of invoice. BR may, in its discretion, increase fees payable hereunder by up to fifteen percent (15%) per year during each calendar year following the Initial Term, and Customer hereby agrees to any such increase. BR may increase fees payable hereunder by more than fifteen percent (15%) during each calendar year following the Initial Term, provided that any increase in excess of fifteen percent (15%) shall become effective only upon sixty (60) days advance written notice to Customer, and Customer shall have the right to terminate this Agreement on written notice to BR delivered within thirty (30) days of receipt of the notice. BR may increase fees on 30 days notice for monthly subscription products. The fees and expenses to be paid by Customer do not include any federal, state, local or foreign taxes, duties or levies of any nature. Any taxes required to be paid by BR as a result of the services provided hereunder, other than taxes based on BR’s income, shall be billed to and paid by Customer. Credit Card and bank debit payments will be processed and billed to Customer’s credit card or bank account (as the case may be). BR may pre-authorize such charges with the credit card company or bank. You must provide BR with current, valid credit card account information at any time during your subscription. Customer shall pay all costs of collecting overdue payments including reasonable attorneys’ fees and court costs. A charge of one and one half percent (1.5%) per month (or, if less, the maximum rate permitted by law) may be added by BR to any overdue amounts. Customer shall notify BR of any billing discrepancies within 90 days after they first appear on Customer’s account statement or it waives any right to dispute discrepancies. BR may suspend its performance if any undisputed payment is past due; suspension will not relieve Customer of its obligation to pay in full.
III. Data License, Property Rights & Miscellaneous
- LICENSE: Subject to all of the terms and conditions hereof, Customer is hereby granted a nontransferable, nonassignable and nonexclusive license to use data, reports, work product and services purchased or licensed during the Term, (the “Information”), solely for Customer’s internal business purposes. If the product is a subscription to a database, the license granted to Customer is limited to the number of users specified on the Order Form. BR may remove any Information or user interface without notice.
- DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY: EXCEPT AS EXPLICITY STATED HEREIN, BR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE INFORMATION OR ANY OTHER MATERIALS, INTERFACES, BANNERS, eNEWSLETTERS, LISTS, OR SERVICES PROVIDED HEREUNDER OR GUARANTEE OF ANY RESULTS TO BE DERIVED THEREFROM. WITHOUT LIMITATION OF THE FOREGOING, THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND BR HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTYS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN, CONDITION, QUALITY, ACCURACY, RELIABILITY, CAPACITY, MATERIAL, WORKMANSHIP, COUNTS, SCALES, COMPLETENESS OR THE LIKE, OR THAT ANY SERVICES SHALL BE UNINTERRUPTED, IT BEING EXPRESSLY AGREED THAT ALL SUCH RISKS SHALL BE BORNE BY CUSTOMER. Customer further agrees to verify all scales, dimensions, values, costs, quantities and any other data pertaining to Customer’s use of the Information. BR disclaims all liability regardless of whether such liability is based on contract, tort (negligence), strict liability, equity, statute, or any other theory of liability. Under no circumstances shall BR or its affiliates be liable to Customer or any other person or entity for any incidental, special or consequential damages of any nature or kind whatsoever, including any interruption of, or loss of, service, any loss of goodwill or profits, or business loss arising out of, or in connection with, any deficiency or inadequacy of Information or other materials, work product or services made available by BR or the preparation of proposals or bids using any of the foregoing items regardless of whether BR has been advised of the possibility of such damages or if such damages were reasonably foreseeable. BR’s aggregate liability for damages hereunder shall not exceed the amount of fees actually paid by Customer to BR under this Agreement during the prior 12 months. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND COMPLETION OF SERVICES. Customer shall indemnify, defend and hold harmless BR and its affiliates and their employees, directors, agents, licensors, representatives and contractors, against any loss, claim, judgment or expense, including reasonable attorneys’ fees, arising out of (i) any breach by Customer of any representation, warranty, covenant or other term or condition hereof, or (ii) any claim or threatened claim by any individual or entity made against BR or its affiliates relating to Customer’s use of the Information or any other services or materials furnished by BR.
- PROPRIETARY RIGHTS: The Information and all metadata concerning the Information and its use, and all services, constitute proprietary, confidential and trade secret information belonging to BR or its licensors. As between the parties, BR shall retain all right, title and interest in and to the Information and services, including all copyrights, trade secrets and other proprietary rights therein. Customer acknowledges, and agrees not to challenge in any fashion, that the Information: (i) constitutes original collections and assemblies of preexisting data, the selection, coordination and arrangement of which results in works which are original, (ii) contains data which is not preexisting, but instead is BR’s own original expression; and (iii) derives value from information gathered and published by BR in a prompt fashion. Customer shall not create derivative works based on the Information. All rights not expressly licensed to Customer hereunder are hereby reserved by BR and/or its licensors.
- NONDISCLOSURE RESTRICTIONS: Customer agrees not to disclose or otherwise make the Information available to any person other than employees of Customer required to have such knowledge in the normal course of Customer’s business. Customer may provide Information to independent contractors in Customer’s sales channel (for example distributors and independent representatives) who are required to have such knowledge in the normal course of Customer’s business provided each independent contractor agrees in writing to nondisclosure restrictions at least as protective of BR’s rights as this Agreement. Customer, its employees and independent contractors may not directly or indirectly: (i) copy the Information, or disclose, publish, distribute, transfer or disseminate the Information or project leads based on the Information to any third party; (ii) use the Information in a manner that violates any applicable law, copyright or other third party right; (iii) use the Information to compete with any products or services of BR or its affiliates or to provide benchmark results. Customer represents, warrants and covenants to BR that it and its employees and independent contractors who receive Information, are not, and shall not be during the Term, suppliers of project leads to other entities. Customer represents, warrants and covenants to BR it has entered into this Agreement under its true name and is not, directly or indirectly, impersonating any real or fictitious person or entity or otherwise acting to withhold the actual identity of Customer. Customer shall be responsible for breaches of this Section by its employees or independent contractors. BR reserves the right to “seed” the Information made available hereunder from time to time with a small quantity of data that does not correspond to any actual construction projects, for the sole purpose of identifying unauthorized disclosures or uses of Information. Each user must have his or her own user name and password. BR shall have the right to review records of Customer relating to compliance with this Section “Nondisclosure Restrictions” on not less than ten (10) days prior written notice. BR will hold all information disclosed by Customer pursuant to this Section “Nondisclosure Restrictions” in confidence and use it solely to enforce its rights.
- NO-SHARING POLICY: Your subscription, including your username and password, are personal to you and may not be used by anyone else. Any sharing of your account information, login, passwords, or the information, content and data provided by this Site, with any other person, firm or entity is strictly prohibited. You are responsible for maintaining the confidentiality of your password and username. You are also responsible for every instance in which your account information, login, passwords, or the information, content and data provided by this Site is used by someone other than you, whether or not authorized by you. BR reserves the right, and you hereby authorize BR, to charge your credit card an additional monthly fee for such use in violation of this no-sharing policy. Access to this Site through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to this Site using the same user name and password. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at firstname.lastname@example.org. Until we are so notified you will remain liable for any unauthorized use of your account.
- WEBSITE TERMS AND CONDITIONS: All access to BR websites is subject to the following terms: If Customer posts any contact information, literature or other information of any kind to an BR website, Customer is solely responsible for that information, and acknowledges that personal information may be viewed, collected or used by other site visitors and may result in unsolicited communication from site visitors. BR may modify or remove such posted information in its sole discretion. Customer may not post any content that is not original to Customer, that is threatening, harassing, profane, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another’s privacy or publicity rights, or any information that infringes any intellectual property right, or violates any laws, regulations or securities exchange requirements, or that contains a virus, worm or other harmful component, (each “Prohibited Content”), or contains advertising. Customer grants BR a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive, sub-licensable and freely transferable right and license, for all formats and media, whether now known or hereafter devised or discovered, to use, reproduce, modify, edit, adapt, publish, translate, create derivative works of, distribute, perform, publish and display (in each case, in whole or in part) all such information Customer posts, including without limitation any ideas, concepts, methods, systems, designs, plans, techniques or other similar information included therein, and/or to incorporate them in other works. Customer may not use any BR website in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability, impersonate, or misrepresent Customer’s affiliation with, any other person or entity, engage in spamming or “flooding,” “scrape,” “deep-link,” “robot,” “bot,” “spider,” “data mining,” “computer code” or use any other automated means to extract data or other information from an BR website, frame an BR website, or attempt to gain unauthorized access to other computer systems through an BR website. Customer may access a BR website using a password only if all information provided during the registration process is correct and kept updated. Customer is responsible for all use of passwords used in conjunction with Customer’s account, and agrees not to use any other entity’s user name, password or account number. Customer agrees that BR has no liability for information, services or materials provided by third party web sites to which links are provided on an BR website. We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
- FORCE MAJEURE: No delay, failure or default in performance of any obligation of either party hereunder, except payment obligations, shall constitute a breach of this Agreement to the extent caused by events or conditions beyond the affected party’s reasonable control (such as, without limitation, war, acts of terrorism, acts of government, natural disasters, fire and explosions (“Force Majeure Events”).
- TRADEMARKS: The BR names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Building Radar GmbH (the “BR Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the BR Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the BR Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a “hot” link without the prior written approval of the trademark owner.
- MISCELLANEOUS: Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in Germany, and the parties consent to the personal jurisdiction of such courts. This Agreement and performance hereunder shall be governed by the laws of the State Germany without reference to conflict of laws principles. Customer may not assign its rights, duties or obligations under this Agreement to any person or entity without the prior written consent of BR. BR may assign this agreement. Customer shall comply with all laws, including export control laws and regulations, applicable to its use of the Information. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. BR and Customer are independent contractors. BR may use third party contractors to perform any of its obligations under this Agreement. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent omitted, and the balance of the Agreement shall remain enforceable. All notices, including notices of address change shall be in writing and shall be deemed to have been given when personally delivered, mailed by certified mail return receipt requested, or when sent by recognized overnight courier service to the address of BR or Customer shown on the Order Form. In the case of a notice to BR, a copy of such notice shall also be delivered by courier or certified mail to Building Radar GmbH, Specklinplatz 8, 81377 Munich, Germany. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and there are no representations, understandings or agreements, which are not fully expressed herein. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties.
IV. BR Market Research & Intelligence
If you order the BR Market Research & Intelligence solutions, these additional terms also govern the Agreement:
- COOPERATION: Customer acknowledges that the timely provision to BR of complete and accurate information and data is essential to satisfactory and timely performance of this Agreement. BR will identify items required for BR to produce the Work Product. Customer is required to submit identified items to the BR agent within thirty (30) days following execution of this agreement. If Customer fails to timely respond, customer’s payment obligations shall remain unchanged, and the subscription term shall not be extended as a result of such delay.
- PROFESSIONAL SERVICES: Customer shall make available in a timely manner, at no charge to BR, all technical data, files, budgets, estimates, research, documentation or other information in the possession of Customer, if any, reasonably required by BR for the performance of services and report preparation. Customer assumes the risk of any problems resulting from the content, completeness, accuracy, consistency and timeliness of all such data, materials and information supplied by Customer. In the event that services and report preparation are materially delayed by Customer by a reason other than a Force Majeure Event, BR may alter this Agreement to reflect unavoidable increased costs, to reduce the scope of services, or to extend deadlines, milestone dates, or delivery dates, as appropriate.
- PROJECT MANAGEMENT: BR and Customer will each designate an individual to act as a primary point of contact between the parties with respect to this Agreement. In the event that services are materially delayed by Customer by reason of a failure to maintain a primary point of contact, BR may alter this Agreement to reflect unavoidable increased costs, to reduce the scope of services, or to extend deadlines, milestone dates, or delivery dates, as appropriate.
- WARRANTY AND REMEDY: BR warrants that market intelligence services will be performed in a diligent, professional and workmanlike manner, in accordance with generally accepted industry standards. For any breach of the warranty contained in this Section 4, Customer’s exclusive remedy, and BR’s entire liability, shall be, at the option of BR, the re-performance of services or refund of fees paid to BR for deficient services.
- ACCEPTANCE OF WORK PRODUCTS: No later than ten (10) days after submission to Customer of the final and each draft Customized Research Solution to be delivered by BR, Customer will review and verify all information provided by Customer on which it is based. Customer will submit a written statement to BR accepting the Customized Research Solution or specifying in detail how the Customized Research Solution is inaccurate. Customer failure to timely respond shall not be cause for extension of a subscription. BR shall have a commercially reasonable period of time to make the required corrections to the Customized Research Solution, after which time BR will resubmit the Customized Research Solution and the review cycle will recommence. If Customer fails to send any such statement within ten (10) calendar days after BR submits the final Customized Research Solution, then the Customized Research Solution will be conclusively accepted. Customized Research Solution Services work product will be posted by BR in Smart Building Index.
- PRODUCT LITERATURE: Customer represents, warrants and covenants to BR that posting online any product literature provided by Customer will not violate any intellectual property, privacy, publicity, or other rights of any third party. Customer grants BR a royalty free license to make such literature available to third parties.
- RIGHTS TO DATA: BR hereby acknowledges and agrees that all project information and data made available to BR by Customer under this Agreement, if any, (“Customer Data”) is owned, as between BR and Customer, exclusively by Customer. BR and its licensors own and retain all right, title and interest in and to (i) BR’s software and all other intellectual property, technology and/or tools owned or licensed by BR, and (ii) all reports, text, graphics, designs, photographs, data, and other materials that are created by or on behalf of BR for Customer in connection with this Agreement, including all reports and data delivered to Customer, but expressly excluding any and all Customer Data (“Work Product”), and any and all modifications or improvements to any of the foregoing, and no rights or licenses, express or implied, are granted by BR to Customer or any third party except as expressly set forth in this Agreement. Subject to the payment of all fees and expenses, BR grants Customer a perpetual, nonexclusive, royalty free license to use all Work Product delivered to Customer by BR.
- INTELLECTUAL PROPERTY RIGHTS: All customized research documents created by BR for Customer are the copyrighted property of BR. BR grants to Customer a perpetual, royalty free, world-wide right to make and distribute copies of all customized research documents, to maintain copies of such documents on Customer’s websites, and to permit its customers and other third parties to download, copy and utilize such documents.
V. Removal of Content
In general, you can report objectionable content on this Site by e-mailing us at email@example.com. BR does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please email us immediately at firstname.lastname@example.org. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.