Terms of use

Terms of use

Buildout Inc. (“Buildout”) created and maintains this website found at buildout.com to provide information about Buildout and its services. You may access and use this website, provided you comply with these terms of use. Note that these Terms of Use do not apply to your use of the Buildout Platform (which is the online software application that enables you to, among other things, customize marketing materials, streamline the listing process, and centralize property information). Your use of the Buildout Platform will be subject to the terms and conditions of a Buildout Platform Services Agreement entered into between you and Buildout, or between the entity on whose behalf you are acting and Buildout.

Your Acceptance of These Terms of Use

Please take a few minutes to carefully review these terms of use. By accessing and using this website you agree to follow and be bound by these terms of use. If you do not agree to follow and be bound by these terms of use, you may not access, use, or download materials from this website.

These Terms of Use May Change

Buildout reserves the right to update or modify these terms of use at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms of use as changed. For this reason, we encourage you to review these terms of use often. These terms of use were last revised on June 22, 2018.

Copyright Notice and Limited License

Unless otherwise noted, Buildout owns all copyright in the content of this website. Buildout hereby grants to you, subject to your compliance will all of the terms and conditions set forth herein, a limited, non-exclusive, revocable, non-sublicensable right to access and view the content on the website for your personal use. You may not use any content on the website for any commercial purpose, except that Buildout grants you the limited right to access and view the content in connection with your commercial dealings with Buildout.

Trademark Notice

All of the trademarks, service marks and logos displayed on this website (the "Trademarks") are registered and unregistered trademarks of Buildout, or third parties who have licensed their Trademarks to Buildout. Except as expressly stated in these terms of use, you may not reproduce, display, or otherwise use any Trademark without first obtaining Buildout's written permission.

Unsolicited Ideas

Buildout welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Buildout through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting information or materials to Buildout through this website, you assign to Buildout, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Buildout will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way.

Links to Other Websites

This site may contain hyperlinks to websites that are not operated by Buildout. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party websites or any association with their operators. Buildout does not control these websites and is not responsible for their content. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these websites (and the websites to which they link) solely at your own risk.

Applying for Jobs

We provide access to a third party platform via the website through which you may apply for jobs with Buildout. You acknowledge and agree that your submission of such information will be in accordance with the terms and conditions and privacy policies of such third party platform(s) as amended from time to time. We currently utilize the services of Greenhouse for the receipt of application information. The current terms and conditions and privacy policy for Greenhouse’s services can be found here. You acknowledge and agree that you have read, understood, and agree to these third party terms and conditions and privacy policy. The website may contain other information about potential employment with us, and your rights and obligations thereunder. Such additional information is hereby incorporated by reference into these terms of use.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BUILDOUT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BUILDOUT OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BUILDOUT AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Disclaimers

Buildout makes no guarantees concerning the currency or accuracy of information available on or through this website. The website and all content is provided AS-IS and WITH ALL FAULTS, and without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Governing Law and Jurisdiction

These terms of use will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

Entire Agreement

These terms of use constitute the entire agreement between you and Buildout with respect to your access to and/or use of this website.

Terms of use

Buildout Inc. (“Buildout”) created and maintains this website found at buildout.com to provide information about Buildout and its services. You may access and use this website, provided you comply with these terms of use. Note that these Terms of Use do not apply to your use of the Buildout Platform (which is the online software application that enables you to, among other things, customize marketing materials, streamline the listing process, and centralize property information). Your use of the Buildout Platform will be subject to the terms and conditions of a Buildout Platform Services Agreement entered into between you and Buildout, or between the entity on whose behalf you are acting and Buildout.

Your Acceptance of These Terms of Use

Please take a few minutes to carefully review these terms of use. By accessing and using this website you agree to follow and be bound by these terms of use. If you do not agree to follow and be bound by these terms of use, you may not access, use, or download materials from this website.

These Terms of Use May Change

Buildout reserves the right to update or modify these terms of use at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms of use as changed. For this reason, we encourage you to review these terms of use often. These terms of use were last revised on June 22, 2018.

Copyright Notice and Limited License

Unless otherwise noted, Buildout owns all copyright in the content of this website. Buildout hereby grants to you, subject to your compliance will all of the terms and conditions set forth herein, a limited, non-exclusive, revocable, non-sublicensable right to access and view the content on the website for your personal use. You may not use any content on the website for any commercial purpose, except that Buildout grants you the limited right to access and view the content in connection with your commercial dealings with Buildout.

Trademark Notice

All of the trademarks, service marks and logos displayed on this website (the "Trademarks") are registered and unregistered trademarks of Buildout, or third parties who have licensed their Trademarks to Buildout. Except as expressly stated in these terms of use, you may not reproduce, display, or otherwise use any Trademark without first obtaining Buildout's written permission.

Unsolicited Ideas

Buildout welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Buildout through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting information or materials to Buildout through this website, you assign to Buildout, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Buildout will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way.

Links to Other Websites

This site may contain hyperlinks to websites that are not operated by Buildout. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party websites or any association with their operators. Buildout does not control these websites and is not responsible for their content. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these websites (and the websites to which they link) solely at your own risk.

Applying for Jobs

We provide access to a third party platform via the website through which you may apply for jobs with Buildout. You acknowledge and agree that your submission of such information will be in accordance with the terms and conditions and privacy policies of such third party platform(s) as amended from time to time. We currently utilize the services of Greenhouse for the receipt of application information. The current terms and conditions and privacy policy for Greenhouse’s services can be found here. You acknowledge and agree that you have read, understood, and agree to these third party terms and conditions and privacy policy. The website may contain other information about potential employment with us, and your rights and obligations thereunder. Such additional information is hereby incorporated by reference into these terms of use.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BUILDOUT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BUILDOUT OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BUILDOUT AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Disclaimers

Buildout makes no guarantees concerning the currency or accuracy of information available on or through this website. The website and all content is provided AS-IS and WITH ALL FAULTS, and without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Governing Law and Jurisdiction

These terms of use will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

Entire Agreement

These terms of use constitute the entire agreement between you and Buildout with respect to your access to and/or use of this website.

Buildout Privacy Policy

Last updated June 22, 2018

This policy covers the treatment of information we collect when you visit or use the website found at buildout.com, whether accessed via computer, mobile device or otherwise. This policy does not describe information collection policies and practices of websites and platforms that we do not provide, including those linked to or integrated with the website. It also does not cover information you may choose to share with other users of the website.

Information we collect

We collect personally identifiable information about you which you affirmatively choose to submit to us, such as your e-mail address, postal address and name. From time to time we automatically collect certain information that may be considered personally identifiable information such as the IP address of your computer or network connection. We also automatically collect other non-personally identifiable information such as the time and date of your visit, the pages and other content that you access, and the number of times you return to the website. This information is used in the aggregate for our internal marketing and similar purposes. This process may involve the automatic placement of a small, removable text file (commonly referred to as a “cookie”) on your computer's hard drive. We may also integrate into the website technology provided by third parties (e.g., Google Analytics, Pardot and Totango) to accomplish this information collection.

How we use the information we collect

We use the information collected primarily to improve our site and to learn about how it is used and accessed. We may also use information we collect to analyze user behavior as a measure of interest in and use of the website, and may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. We may disclose information about you to third parties if we have a good-faith belief that we are required to do so by law or legal process, to respond to legal claims, or to protect the our rights, property or safety or the rights, property or safety of others.

We may disclose information about you to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion our assets. The successor organization’s use and disclosure of your personally-identifiable information will continue to be subject to this policy unless (i) a court orders otherwise, for example a bankruptcy court; or (ii) the successor organization gives you notice that your personally-identifiable information will be subject to the successor organization’s own policy, along with an opportunity for you to opt out (which may cause you not to be able to continue to use the website). If you submit personally-identifiable information after such a transfer, that information may be subject to the successor entity’s policy.

Social features of the website

If you provide information in any social feature of the website (including, by way of example, via chat feature or online discussion forum), or to any other party through the website, you should be aware that your information may then be made available to others.

Right to opt out

At any time after we collect personally identifiable information, you will have an opportunity to "opt out" of any use or disclosure of it. You may request to opt out by sending an email to legal@buildout.com. You should be aware, however, that once you opt out, you may no longer be able to enjoy some of the features of the website. Notwithstanding any request from you to opt-out, we may retain personal information for an indefinite amount of time to preserve our database and to comply with various federal and state laws.

E-mail

We may contact you from time to time concerning your use of the website, updates, and regarding other information that we believe may be of interest to you. If you contact us by e-mail, you should be aware that e-mail transmissions might not be secure. Information you send by e-mail could be viewed in transit by a third party. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission.

Children’s information

The website is not directed to children under the age of 13. We do not collect any personally identifiable information from children under the age of 13, and any such disclosure is strictly prohibited.

Changes to this policy

We reserve the right to change or update this policy, or any policies or practices, at any time without notice to you. Without affecting our rights to change this policy, we will attempt to notify you using the information we have on file of any material changes. Any changes or updates will be effective immediately upon posting to the website.

Do Not Track

We do not track users over time and across third party websites to provide targeted advertising and therefore do not respond to “do not track” signals. Third parties that have content embedded within the service such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific location from a certain IP address. Third parties cannot collect any other personally identifiable information from the service unless you provide it to them directly.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. We do not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

GDPR issues

Certain of this data we collect may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”).

The following disclosures concerning our compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any individual. We will comply with GDPR to the extent applicable.

GDPR ISSUES: Utilization of Data

We utilize personal data including the information provided by you during usage of the website and submission of forms. We process this data for marketing purposes. This data may be used, for example, to send information electronically or physically that you request.

GDPR ISSUES: Basis for the Processing of Data

We may seek your consent to send communications (marketing communications). We will seek a separate consent to send these communications in certain cases which may be revoked by you at any time via email to legal@buildout.com or by clicking unsubscribe on the pertinent email communication.

GDPR ISSUES: Recipients of Personal Data

Recipients of personal data may include fulfillment providers for physical mailing, email deployers, technical providers of data storage, and back end service providers. All employees of ours who receive or review personal data have received training concerning maintaining the confidentiality of such data and committed themselves to confidentiality. Where appropriate, we will enter into written agreements governing the processing and confidentiality of personal data by third parties.

GDPR ISSUES: Storage of Data

We will retain data only so long as is necessary.

GDPR ISSUES: Your rights under GDPR

If the GDPR applies to retention of your personal data, you have several rights including (i) the right to request access, rectification or erasure of your data, (ii) the right to lodge a complaint with the appropriate European Union supervisory authority, and (iii) to the extent processing of data is based on consent, you have the right to withdraw your consent at any time.

DMCA Notice Policy

Buildout  respects the intellectual property rights of others and we ask our users to do the same. Buildout  may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users of its services who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Buildout’s DMCA Compliance Agent the following information:

  • An electronic or physical signature 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 or within the Buildout  site or services;
  • Your address, telephone number, and email address;
  • A 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.

Buildout’s agent for notice of claims of copyright infringement can be reached as follows:

By certified mail:

DMCA Compliance Agent
Buildout, Inc.
222 S Riverside Plaza #810
Chicago, IL 60606

Buildout can accept submissions via email to legal@buildout.com, however, due to the nature of email, we cannot guarantee that email will be delivered. Thus, if you submit via email and do not hear back from us confirming receipt within 72 business hours, please submit your notice again via certified mail as noted above.