Builder’s Exchange & Reprographics User's Agreement

IMPORTANT-READ CAREFULLY 

This Builder’s Exchange & Reprographics End-User Agreement ("EUA") is a legal agreement between you (either an individual or a single entity) and Builder’s Exchange & Reprographics (“BER”) for the services identified below, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Construction Reporting Service").  By using the Construction Reporting Service as permitted under the EUA, you agree to be bound by the terms of this EUA. If you do not agree to the terms of this EUA, do not use the Construction Reporting Service.

Subscribers who breach our End-User agreement and allow others outside of your company to access our project information will be liable for the cost of an additional membership immediately.  BER has continually worked to maintain low prices.  In order to keep our prices low, each company must pay for their own subscription.  However, some of our subscribers have not respected our efforts and have shared their subscription access to suppliers and other companies.  New software is cracking down on unaccounted for IP addresses accessing our site.  Subscribers hereby agree to immediately pay for additional subscriptions for companies or individuals who access our information with your password.   Violators will find their accounts suspended until unauthorized subscriptions are paid in full.  It is each subscriber’s responsibility to notify us when employees with access to our website are not longer working for your company.  However, we assist in this effort by periodically changing the passwords of all our subscribers.

I have read and agree to the above paragraph in its entirety.

Signature: ______________________________________________ Date:________________________________

The Construction Reporting Service contains information about plans, bidders and other matters that may be of interest to members of the BER. Information reported in the project files is based on a review of the specifications, no plans have been reviewed. Efforts have been made to assure the accuracy of the information reported, but the BER offers no warranty, expressed or implied, that any of the reported information is accurate. The best source of information for project files are the actual plans and specifications maintained at the BER.

Users of the Site ("Users") may access, download, reproduce and transmit data available on the Site, and otherwise use the Site, solely for personal use, including internal use in your business.  You may not use the data available on the Site to formulate printed or electronic products or services or information for redistribution or sale, to compile mass mailing lists or otherwise to compete with any of BER products or services in a field of providing data to architects, engineers, contractors, product suppliers or others involved in any way to the construction industry. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from BER is strictly prohibited.   Without limitation of the foregoing, use of WebCrawler’s, bots, agents, scrapers or other electronic means or devices to access the Site and copy or "scrape" data contained thereon is strictly prohibited. 

The BER will not be liable for any losses, including lost data, information, profits or any other incidents of consequential damages that may be sustained or arise out of the use, operation or ability to use or operate the Construction Reporting Service. In consideration for the privilege of using the Construction Reporting Service, users hereby release the BER, its officers, employees, and the webmaster from any and all claims arising from the use of this system. The information on the Construction Reporting Service is provided for the use of BER members, replication is prohibited.

The BER reserves the right to control or limit access to the Construction Reporting Service. Access may be denied at any time for any reason.

BER may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. The BER may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.

The United States Copyright laws prohibit the distribution or copying of copyright materials without proper authorization. The BER will not tolerate any use of the Construction Reporting Service which in any way violates the United States Copyright laws. Users must report to the BER editor any use of the Construction Reporting Service which may amount to a copyright infringement. If in its sole discretion, the Exchange determines that any information has been loaded onto the Construction Reporting Service in violation of the Copyright laws, the BER will delete that information. Any user who, without authorization, loads copyrighted information on the Virtual Planroom shall indemnify and hold the BER harmless from any and all resulting claims and liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUILDER’S EXCHANGE & REPROGRAPHICS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES OF ANY KIND OR NATURE, AND ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.