TERMS OF USE

Introduction and Eligibility

Please read these Terms of Use (“Terms”) carefully before using the Service (as defined below). These Terms include the Privacy Policy, which is incorporated by reference into these Terms.

These Terms constitute a binding agreement between you and BuildingCoach and its affiliates and subsidiaries (“BuildingCoach,” “we,” “us”). “You” and “users” shall mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and warrant that you possess the legal consent of your parent or guardian to access and use the Service.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.

Children. No part of the Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.

The Service

The “Service” means the website located at building-coach.org, any associated software, applications, and Internet services under BuildingCoach, whether partial or otherwise, used in connection with providing the services provided by BuildingCoach. The Service provides an online platform to enable you to view information online and through other connected devices about classes, coaching sessions, trend charts, tracking sheets, the BOCS devices, and other education programs and events offered by BuildingCoach (collectively, “Programs” ). These Programs may be made available for free or for a fee, in our sole discretion. Together with BuildingCoach’s team, thought leaders, and seasoned practitioners (collectively, “Coaches”), BuildingCoach offers a robust curriculum focused on skills development in high demand areas. The Service will also permit the community of users of the Service to engage in discussions and communications with one another and with the Coaches.

Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly for any rescheduling or cancellation questions.

Chat Room Service. You may be able to engage in online discussion boards with other users of the Service, including Coaches. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a discussion board. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility, reputation or ability to gain employment in the future. You are responsible for any comments or materials you post in a discussion board, and assume all liability arising out of a post. BuildingCoach makes no representations and warranties with respect to the confidentiality of any posts you make through the Service.

Information You Provide to Coaches. Your Coaches may ask for information, such as your email address, building documents, and trend charts, from you to help facilitate the provision of the Program. Coaches are required to use this information only to communicate about Program materials in a professional manner.

We use third-party software, applications and services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.

Third-Party Services. The Service may link to third-party websites or applications to facilitate its provision of services to you. If you use these links, you will leave the Service. Some of these third-party websites may use BuildingCoach content (defined below) under license from BuildingCoach. BuildingCoach is not responsible for these third-party websites, whether or not BuildingCoach is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that BuildingCoach is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service. [You should check the privacy policy and terms of use of any third party website or application that you use or visit as a result of the service.]

Social Sign-On. The Service may allow you to register and login using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.

Financial Matters

Programs. BuildingCoach may charge you fees to attend a Program. The amount of any fees may be revised by BuildingCoach from time to time and vary from region to region, and Program to Program.

You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Service.

Third-Party Payment Processors. BuildingCoach currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.

Availability of Certain Forms of Payment. BuildingCoach makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Service.

Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to Programs you have purchased, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to BuildingCoach within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by calling (646) 870-1598.

Refunds. We reserve the right, but are not obligated, to refund fees paid to us.

Taxes. The term “Taxes” includes sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Service. BuildingCoach is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Currency. The currency required for settling transactions with us will be U.S. Dollars. Depending on where you are located, your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes.

Fees Charged by Third-Party Payment Processors. The Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and BuildingCoach is not responsible for any fees charged by them. BuildingCoach disclaims all liability with regards to any fees or problems you have with third-party payment processors.

Account Creation and Use by an Agent. You agree that if you create an account and use the Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.

Your Account. To use some parts of the Service, you must create an account. You represent and warrant that the information you provide to BuildingCoach upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Your Login Credentials. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Communications; Electronic Notices. By using the Service or providing Personal Information (as defined in our Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing.

BUILDINGCOACH’s Content; License; Ownership and Use

The contents of the Service include: designs, text, graphics, images, video, slideshows, information, logos, button icons, software, audio files, computer code, program materials and other content (collectively, “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of BuildingCoach or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Service and the Content solely for the use of BuildingCoach’s services, at our discretion. Any other use is expressly prohibited. Further, such use shall be for a single individual student who is enrolled in one or more of our Programs. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content. You shall not make any copies of the Content.

No material made available on or through the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Program materials may be made available as unprotected PDF files that can be downloaded by registered Program participants and/or other users of the Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of Content and other materials obtained from the Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of BuildingCoach or its licensors, unless you have obtained express written authorization to the contrary.

No Commercial Use. No materials obtained from the Service, even if authorized for download from the Service, may be redistributed, nor may they be used for any commercial purpose, without BuildingCoach’s prior written permission. Notwithstanding the prior sentence, the use of Program materials by a registered participant of a Program for the development of a business, venture, or idea of which the registered participant is actively involved as a founder or employee shall not be deemed a commercial purpose, but no reproductions may be made of any such materials, either electronically or in hard copy.

Additional Licenses. Certain materials made available for download from or through the Service may be subject to additional or different license terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No Implied Rights. There are no implied licenses granted in these Terms.

The Marks. BUILDINGCOACH, the BUILDINGCOACH logo, and other BUILDINGCOACH logos and product and service names are or may be our trademarks (the “Marks”). The Building Performance Lab's service names, logos, symbols, insignias and marks are the trademarks of The Building Performance Lab. Without prior written permission, and except as solely enabled by any link as provided by, you agree not to display or use in any manner the Marks.

Intellectual Property Rights and Our License to Use

BuildingCocah Claims No Ownership. The Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Participant Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

BuildingCoach’s Use of Your User Content. By creating, posting, or sharing Your User Content, except for Participant Work, on or through the Service, and subject to BuildingCoach’s Privacy Policy, you grant BuildingCoach a perpetual, transferable, worldwide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose without compensation to you, including for the purpose of promoting BuildingCoach and our services. You waive any rights you may have regarding Your User Content, except for Participant Work, being altered, edited or changed in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion.

If you are an Instructor, the license grant above is also applicable to any content you create for the purpose of your Program (such as syllabi, slides or homework) that you post on the Site or through other services offered by BuildingCoach.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Service, any right, title, or interest (including intellectual property rights) in content delivered via the Service.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The Service contains content from users and other BuildingCoach licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.

Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.

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 in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send BuildingCoach a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BuildingCoach to locate the material on the Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BuildingCoach a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Suggestions and Submissions. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, improvements, inventions, or other materials (“creative ideas”), we shall:

own, exclusively, all now known or later discovered rights to the creative ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

User Content Disclaimers, Limitations, and Prohibitions. You are responsible for your actions when using and relying on the Service or content available on the Service.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Service. BuildingCoach does not endorse any, nor is it responsible for, User Content on the Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
frame or link to the Service without permission;
use data mining, robots, or other data gathering devices on or through the Service;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Service after your account has been terminated, without our consent;
use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to BuildingCoach or others; or
access the Service from a jurisdiction where it is illegal or unauthorized.

Consequences of Violating These Terms

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.

BuildingCoach may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.

BuildingCoach’s Liability

Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release BuildingCoach of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.

Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Released Parties Defined. “Released Parties” include BuildingCoach and its affiliates, officers, directors, managers, owners, members, employees, agents, service providers, partners, educational institutions that we contract with as well as our Coaches, and licensors.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF BUILDINGCOACH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Service or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

General Terms

These Terms constitute the entire agreement between you and BuildingCoach concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in New York, New York so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.

These Terms and the relationship between you and BuildingCoach shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and BuildingCoach agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue BuildingCoach in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

CONTACT INFORMATION

BuildingCoach

Dated: April 10, 2022.

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TERMS OF USE