User Agreement For Building & Construction Resource Center (BCRC)
As a user of the BCRC Web Site(s), I represent to BCRC that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.
As an inducement for BCRC to provide me with access to or permitting me to use BCRC Web Site(s), I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and BCRC may address these changes by changing these terms and conditions from time to time at BCRC's sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by BCRC. If at any time I do not agree to any term or condition of this or any revised BCRC web access or use agreement, I promise not to access or otherwise use any BCRC Web Site(s). I understand that these terms and conditions apply to all BCRC Web Sites, including any Web Sites owned, operated or sponsored by any BCRC subsidiaries or affiliates. I agree that the word "Content", as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on BCRC Web Sites.
BCRC maintains its Web Site Content for general marketing, promotional, public relations and general public information purposes. BCRC does not transact business or engage in transactions by way of BCRC Web Site Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any BCRC Web Site, no contract or binding obligation of BCRC of any kind may be implied, assumed or made until an authorized and empowered representative of BCRC reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any BCRC Web Site. You agree that BCRC becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of BCRC. Notwithstanding anything to the contrary contained in any BCRC Web Site, BCRC reserves the right to and may reject any information, offers, orders, suggestions, comments or other information submitted to BCRC via any BCRC Web Site.
BCRC provides its Web Site Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by BCRC to anyone to use or exploit any Content. If you wish to use or exploit any BCRC Web Site Content, you agree to contact BCRC in writing and to use such Content only in accordance with a written agreement with BCRC. If you use or exploit any BCRC Content without the agreement of BCRC, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by BCRC as a result of your actions or omissions.
BCRC has no obligation to be sure that the Content of its Web Site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the BCRC Web Site will be free from interruptions, errors, computer viruses or other harmful components. You understand that BCRC may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to you.
Web Site Content is provided by BCRC "AS-IS" and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE BCRC WEB SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall BCRC be liable for any direct or indirect, special, incidental or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the Content of a BCRC Web Site, even if a BCRC representative has been advised of the possibility of your damages.
No Confidentiality And License
If you wish to provide your information to BCRC and you wish to retain an interest or ownership in it, you must contact BCRC in writing and propose to BCRC a commercial transaction pursuant to which you and BCRC agree in a written and signed agreement to an exchange of information. If you transmit to or post on the BCRC Web Site without any prior written Agreement with BCRC providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by BCRC for any purpose. By sending BCRC any information or material, you grant BCRC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that BCRC is free to use any ideas, concepts, know-how or techniques that you send to BCRC for any purpose without any obligation to you.
No Unlawful Or Unacceptable Content Posting
You are not authorized to post on or transmit to any BCRC Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold BCRC harmless from any liability or loss.
BCRC may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on BCRC Web Site. The content in any such linked sites is not under BCRC control and BCRC is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a BCRC Web Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, BCRC does not necessarily endorse a third party or its web site. BCRC reserves the right to terminate a link to a third party web site at any time in its sole discretion.
Linked Internet Sites
If you wish to provide a link to a BCRC Web Site, you may do so under the terms and conditions of this or any future BCRC web access and use agreement, but: you may not use or replicate BCRC Content; you agree not to create a browser, border environment or frame for BCRC Content; you may not imply that BCRC is endorsing you or your products or services; you may not misrepresent your relationship with BCRC; you may not present false information about BCRC products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold BCRC harmless and you agree to remove any link to BCRC immediately upon the request of BCRC.
No Representations, Legal Compliance
BCRC makes no representation that content or materials in a BCRC Web Site are appropriate or available for use outside the U.S.A. You agree to refrain from access to Content on a BCRC Web Site from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any Content on a BCRC Web Site. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export Content in a BCRC Web Site in violation of U.S. export laws and regulations. Any claims relating to BCRC Web Site and its Content and materials shall be governed by the laws of the U.S.A., without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties - obligations shall be brought exclusively in a federal or state court in the State of Indiana.
BCRC claims the copyright interest in the compilation in all the BCRC Web Site Content, including without limitation, the incorporated BCRC Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any BCRC Web Site and that you will indemnify and hold BCRC harmless. Copyright - BCRC 2002
Your privacy on the Internet is important to BCRC. As part of the operation of BCRC, certain pieces of information are gathered about BCRC Members. Below are explanations regarding the types of information collected, what is done with it, and how to correct or change the information. What Information is Collected As part of the BCRC Member registration process, the prospective member is asked to provide an email address and interest category selections. The prospective member, at their option, may voluntarily provide additional information, including personal, geographic and demographic information. In addition to the information provided by members, BCRC may also collect information about BCRC Members from third party sources. Furthermore, BCRC monitors incoming and outgoing Web site traffic data to help diagnose problems with its servers and to administer its Web site. BCRC also uses this data to assemble broad demographic information about its members in general. The purpose of this data collection is to ensure that BCRC Members receive only the most relevant, targeted offers and information from BCRC. BCRC uses "contact us" forms as a way for clients, potential clients and members to communicate with BCRC. BCRC collects the information supplied by the sender of the "contact us" form in order to establish and maintain relationships with clients, potential clients and members. BCRC also uses email links located on various pages of the BCRC Web site to allow you to contact BCRC with questions or comments you may have. BCRC welcomes these email communications and makes efforts to respond to these communications where appropriate. Email communications and the ideas sent to BCRC in these email communications become the property of BCRC. BCRC uses the email communications to evaluate and improve its services and Web site. BCRC also may save these email communications for future reference or use.
Children’s Online Privacy Protection
The safety of children is important to us. BCRC’s Web site is a general audience site and is not directed to children under the age of 13. Similarly, BCRC’s services are not directed to nor intended for anyone under the age of 13. BCRC will not knowingly accept members who are under the age of 13 years nor will it knowingly collect or maintain personally identifiable information from or about anyone under the age of 13 years. Accordingly, when registering to become a BCRC Member, the new member must certify that they are not under the age of 13. BCRC relies on the truthfulness of this certification when accepting new members. In the event that BCRC receives information that establishes that a member is under the age of 13 years, BCRC reserves the right, which it will exercise, to terminate that member's membership. BCRC will also delete all information in its databases about that terminated member. If you believe BCRC has any information from or about anyone under 13, please contact us.
BCRC will not provide personally identifiable information of a BCRC Member to third parties except as noted under “Limits of Confidentiality.” Personally identifiable information means the member’s name, residence address, email address, social security number or other information from which the member’s identity may be reasonably ascertained. BCRC uses proprietary technologies to preserve the anonymity of members while matching the member’s interests with targeted information sent via email.
BCRC will under no circumstance knowingly reveal any member’s identity to marketers. It is solely at a BCRC Member’s discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its Web site or otherwise.
Limits of Confidentiality
As part of its day-to-day business activities, BCRC must disclose certain aggregate level information about BCRC Members to certain third parties; principally, (1) BCRC’s Network Partners, and (2) Marketers who use BCRC’s network. Below is the information and circumstances under which BCRC may be required to disclose information to third parties.
(1) Network Partners: When a BCRC Member registers through the Web site of a Network Partner, BCRC is obligated to disclose to that particular Network Partner the information submitted by the BCRC Member during the registration process. In addition to the foregoing information, BCRC may also disclose aggregate level information to the Network Partner about BCRC Members who registered through that particular Network Partner’s site. Such aggregate information may include, for example, the number of individuals who registered through the Network Partner’s site; the turnover rate of BCRC Members who have registered through the Network Partner’s site; with respect to any particular campaign, the response rates of the BCRC Members who registered through the Network Partner’s site; and statistics on the interest categories selected by the BCRC Members who have registered through the Network Partner’s site. Subject to the exceptions discussed below, BCRC will not knowingly disclose any personally identifiable information about a BCRC Member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network Partner’s Web site.
(2) Marketers: BCRC will disclose aggregate level information about BCRC Members to marketers as reasonably necessary to explain the services that BCRC can offer, to report on the advertising campaigns that BCRC undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, BCRC will not knowingly disclose any personally identifiable information about a BCRC Member to a marketer. Due to the existing legal, regulatory and security environment, BCRC may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. BCRC will use its best efforts to limit such disclosure to the following: where BCRC believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement BCRC’s data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce BCRC’s rights.
Use of Information
BCRC uses member information to deliver the BCRC services. Thus, member information is used by BCRC in identifying information that may be of interest to its members. A member's email address will be used by BCRC to contact that member about member-selected interests. BCRC also uses member information to monitor, interpret, analyze and report campaign results. BCRC does not use member information for purposes unrelated to the services offered by BCRC.
Protection of Member Information
BCRC undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside BCRC other than to the member or as described above under the heading Limits of Confidentiality.
BCRC has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the BCRC Network, including the confidentiality of information collected about BCRC Members. These technologies are deployed as part of a sophisticated security architecture and protocol. You should also do your part in protecting your information. Your BCRC user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither BCRC network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect member information, BCRC cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the member’s own risk. Once we receive member information, BCRC undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.