Last Updated: February 14th 2017
Please read these Terms carefully. By accessing the website, you agree to be bound by these Terms.
If you accept these Terms, you represent that you are 18 years of age, and if you are acting on behalf of a company, that you have the authority to bind your company.
1. REGISTRATION & PERMISSIONS
1.1 Visitors. You are welcome to access and view the public areas of the Website as a visitor.
1.2 Registration. In order to view and use certain areas and features of the Website, you will need to register a user account and be provided a user name and password. Your user name and password are personal to you, and you may not allow any others to use your user name or password. You agree to immediately notify Bolster if you become aware of or believe there may be unauthorized use of your user name or password. You agree to register only one user account. If your user account is terminated due to your breach of these Terms or any other agreement, you agree to not register another account. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address.
1.3 Registered User Permissions.
(a) Contractors. If you are registered as a contractor, you may use the Website to create a profile and use Bolster's products and services.
1.4 Unauthorized Use. If you are not an owner or contractor intending to use the Website in connection with a bona fide remodeling project, then you are not authorized to use the Website.
2. INFORMATION & CONTENT SUBMITTED BY YOU
3. INTELLECTUAL PROPERTY
The content and works of authorship contained in the Website, including all design, text, blogs, samples, documents, FAQs, “look and feel” elements, sound recordings, images and video, and all technology, applications, inventions and innovations embodied by the Website, and all intellectual property rights therein and thereto (all of the foregoing, collectively, the “Website Assets”) are owned or licensed by Bolster. The trademarks, service marks and logos used on the Website are owned by Bolster, including “Bolster,” “Remodel without Risk,” and the Bolster logo. Nothing on this Website should be construed as granting, by implication, or otherwise, any license or right to use these marks without our written permission. All goodwill generated from the use of our marks must be for the benefit of Bolster. Except as otherwise expressly permitted herein, you shall not (a) copy, transmit, display, perform, modify, distribute, license, alter, frame, store for subsequent use, or reverse engineer any of the Website Assets, except to the extent permitted by applicable law, (b) assist or enable any third party to do any of the foregoing, (c) remove, alter, or obscure any copyright, trademark, patent or other proprietary rights notices that appear on or in the Website Assets, or (d) use or exploit the Website Assets in any way except as expressly authorized herein. You agree that Bolster may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website and the Bolster platform, or other products or services. You grant to Bolster a worldwide, fully paid-up, perpetual, royalty-free, sublicenseable, irrevocable and transferable license to use the feedback you provide to Bolster in any way, including in the Website and Bolster platform or in connection with other goods or services.
4. DISCLAIMERS & LIMITATIONS OF LIABILITY
4.1 No Warranties. THE WEBSITE AND WEBSITE ASSETS ARE PROVIDED AND LICENSED TO YOU “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND BOLSTER AND ITS PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE) WITH RESPECT THERETO, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BOLSTER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY WEBSITE ASSETS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
4.2 Limitation of Liability. EXCEPT AS MAY BE EXPRESSLY SPECIFIED IN SUPPLEMENTAL AGREEMENTS, IN NO EVENT SHALL BOLSTER OR ITS PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR ANY OF THE WEBSITE ASSETS, INCLUDING ANY DIRECT, COMPENSATORY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR COST OF COVER ARISING OUT OF OR RELATING TO THE OPERATION, USE OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE. FURTHERMORE, BOLSTER WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR FILES AND YOUR BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING OF ANY INFORMATION OR MATERIALS. YOU AGREE THAT THE FOREGOING REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
4.3 Certain Jurisdictions. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
4.4 Website. The information and materials contained in this Website are subject to change without notice. Bolster may discontinue or make changes in the information, materials, services or products which may be described or provided for on the Website at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Bolster does not undertake any obligation or responsibility to update any such information. Services and products described on the Website may differ among geographic locations. Bolster may shut down this Website in whole or part, and the Website may from time to time be unavailable, delayed or slowed at any time, including for reasons of equipment malfunction, upgrades, maintenance and repairs, without notice and without liability to you.
4.5 AIA Disclaimer. You acknowledge and agree that (a) the American Institute of Architects (AIA) and Bolster are not legal partners, (b) the services and products offered on the Website are offered solely by Bolster, and are not offered or provided by the AIA in any way, and (c) the AIA shall bear no liability or responsibility whatsoever for the services and products offered on the Website.
4.6 Indemnification. You shall indemnify, defend, and hold harmless Bolster, and its officers, employees and agents, from any and all losses, injuries, liabilities, damages, fines, penalties, costs and expenses including reasonable attorneys’ fees, resulting from claims made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Website, your submissions on the Website, your breach of any these Terms or any Supplemental Agreements or any other policies or rules governing the Website, or your violation of law or infringement of any rights of another person.
5.1 Third Party Website Links. The Website may contain links to websites and webpages controlled, maintained or offered by third parties not owned by, or affiliated with, Bolster (“Third Party Websites”). These links do not represent our endorsement of any Third Party Websites, and we are not responsible for their content.
5.2 Website Information. BOLSTER HEREBY DISCLAIMS ALL LIABILITY FOR ANY INFORMATION, MATERIALS, SERVICES OR PRODUCTS ON OR PROVIDED VIA ANY THIRD PARTY WEBSITE. BY LINKING TO A THIRD PARTY WEBSITE, BOLSTER DOES NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OFFERED OR INFORMATION OR MATERIALS CONTAINED IN SUCH WEBSITE OR WEBPAGE.
6. SUPPLEMENTAL AGREEMENTS
7. CHANGES; TERMINATION
7.1 Changes. We may update these Terms from time to time. If you are a registered user, we will provide notice of updates, otherwise it is your responsibility to check for updates. In any case, we will treat your continued access to the Website as acceptance of any update. However, if we change these Terms in a manner that materially reduces your rights while you have an active project, and you reject the changes, then you may continue to access the Website pursuant to the previous Terms for the duration of and for the purpose of completing your project.
7.2 Termination. Bolster may terminate these Terms at any time if you have materially breached (and failed to timely cure) any provision of these Terms for convenience upon notice to you.
These Terms will be construed in accordance with and governed by the laws of the State of New York, without reference to choice of law principles, including all matters of construction, validity and performance. You hereby irrevocably and unconditionally submit (to the extent permitted by law) to the jurisdiction of the courts of the State of New York located in the City and County of New York and the U.S. District Court for the Southern District of New York for any legal action or proceeding arising out of this letter. No delay or failure by Bolster to exercise or enforce at any time any right or provision of these Terms will be considered a waiver thereof or of Bolster’s right thereafter to exercise or enforce each and every right and provision of these Terms. No waiver will constitute a continuing or subsequent waiver. If any provision of these Terms is held to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall be unimpaired and remain in full force and effect. No modification, amendment, renewal, extension or waiver of these Terms will be binding unless expressly agreed to by Bolster. You may contact Bolster regarding these Terms by emailing us at email@example.com or writing to Bolster Corporation, 140 West 82nd Street, New York, NY 10024. The headings and captions contained in these Terms shall not be considered to be a part hereof for purposes of interpreting or applying these Terms, but are for convenience only. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. These Terms may be assigned by Bolster, and shall inure to the benefit of our successors, assignees, licensees and sublicensees. These Terms, together with other documents that may be expressly referred to herein including the Supplemental Agreements, constitute the sole and entire understanding between Bolster and you with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.