Terms and Conditions of Use

January 2010


Welcome to 3D Build Planner Systems and the website for 3D Build Planner (the "3D Build Planner Website"). 3D Build Planner is an application provided by 3D Build Planner Systems ("3D Build Planner Systems").

ATTENTION: Please carefully read these Terms of Use, which set forth the legally binding terms for use of the 3D Build Planner application. These Terms of Use, as well as the 3D Build Planner Systems Privacy Policy, which are incorporated herein by reference, apply to all users of the 3D Build Planner application.

BY USING THE 3D BUILD PLANNER APPLICATION, YOU SIGNIFY YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE AS WELL AS THE 3D BUILD PLANNER SYSTEMS PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE, YOU WILL HAVE NO RIGHT TO USE THE 3D BUILD PLANNER APPLICATION AND MUST DISCONTINUE USE OF THE 3D BUILD PLANNER APPLICATION IMMEDIATELY. THESE TERMS OF USE CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND DISCLAIMERS.

3D Build Planner Systems may modify these Terms of Use from time to time and such modification shall be effective upon posting by 3D Build Planner Systems on the 3D Build Planner Website. The date on which the latest update was made is indicated at the top of this document. You agree to be bound to any changes to these Terms of Use when you use the 3D Build Planner application after any such modification is posted on the 3D Build Planner Website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

3D Build Planner Systems reserves the right, in its sole discretion, to reject, refuse to post or remove any posting from its forum (including private messages and profile information) by you, or to restrict, suspend or terminate your access to all or any part of the 3D Build Planner forum at any time, for any reason, without liability.


ELIGIBILITY.
Use of and Membership in the 3D Build Planner forum is void where prohibited. By using the 3D Build Planner forum, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the 3D Build Planner forum does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if 3D Build Planner Systems believes that you are less than thirteen (13) years of age.


TERM.
These Terms of Use shall remain in full force and effect while you use the 3D Build Planner Application or are a Member of the 3D Build Planner forum. You may terminate your Membership at any time, for any reason, by emailing a request to support@3dbuildplanner.com. 3D Build Planner Systems may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms of Use will remain in effect.


FEES.
You acknowledge that 3D Build Planner Systems reserves the right to charge for the 3D Build Planner application and to change its fees from time to time at the discretion of 3D Build Planner Systems. If 3D Build Planner Systems terminates your Membership because you have breached these Terms of Use, you shall not be entitled to the refund of any portion of application or subscription fees.


PASSWORD.
When you register to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another Member at any time or to disclose your password to any third party. You agree to notify 3D Build Planner Systems immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


CONTENT POSTED TO 3D BUILD PLANNER FORUMS.
3D Build Planner Systems may delete any Content that, in the sole judgment of 3D Build Planner Systems, violates these Terms of Use. 3D Build Planner Systems assumes no responsibility for monitoring the 3D Build Planner Forum for inappropriate Content or conduct. If at any time 3D Build Planner Systems chooses, in its sole discretion, to monitor the 3D Build Planner Forum, 3D Build Planner Systems nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the Member submitting any such Content.

You are solely responsible for the Content that you post on or through any of the 3D Build Planner Forums and any material or information that you transmit to other Members and for your interactions with other Users. 3D Build Planner Systems does not endorse and has no control over the Content. Content is not necessarily reviewed by 3D Build Planner Systems prior to posting and does not necessarily reflect the opinions or policies of 3D Build Planner Systems. 3D Build Planner Systems makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.


PRIVACY.
Use of the 3D Build Planner Application and Forum is also governed by the 3D Build Planner Systems Privacy Policy, which is incorporated into these Terms of Use by this reference.


DISCLAIMERS.
3D Build Planner Systems is not responsible for any incorrect or inaccurate Content posted on the 3D Build Planner Forum or in connection with the 3D Build Planner Application, whether caused by Users of the 3D Build Planner Forum or by any of the equipment or programming associated with or utilized in the 3D Build Planner Application.


Content created and posted by Members on the 3D Build Planner Forum may contain links to other websites. 3D Build Planner Systems is not responsible for the Content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by 3D Build Planner Systems. Inclusion of any link, URL, IP address or bookmark to a third-party website on the 3D Build Planner Services does not imply approval or endorsement of such website by 3D Build Planner Systems. When you access these third-party sites, you do so at your own risk. 3D Build Planner Systems takes no responsibility and is not liable for the Content, products, services or practices (including without limitation, the privacy and data gathering policies) of third-party websites, or for third-party advertisements, which are posted on the 3D Build Planner Forum or through the 3D Build Planner Application, nor does it take any responsibility for the goods or services provided by its advertisers. 3D Build Planner Systems is not responsible for the conduct, whether online or offline, of any User of the 3D Build Planner Application.


3D Build Planner Systems assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. 3D Build Planner Systems is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the 3D Build Planner Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the 3D Build Planner Forum. Under no circumstances shall 3D Build Planner Systems be responsible for any loss or damage, including personal injury or death, resulting from use of the 3D Build Planner Application or Forum, from any Content posted on or through the 3D Build Planner Forum, or from the conduct of any Users of the 3D Build Planner Application, whether online or offline. 3D Build Planner Systems cannot guarantee and does not promise any specific results from use of the 3D Build Planner Application.


TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE 3D BUILD PLANNER APPLICATION AND THE 3D BUILD PLANNER FORUM ARE PROVIDED BY 3D BUILD PLANNER SYSTEMS "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THE 3D BUILD PLANNER APPLICATION, THE 3D BUILD PLANNER FORUM OR ANY OTHER CONTENT, PRODUCTS OR MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. 3D BUILD PLANNER SYSTEMS, ITS LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 3D BUILD PLANNER SYSTEMS DOES NOT WARRANT THAT SOFTWARE, CONTENT OR MATERIALS IN THE 3D BUILD PLANNER APPLICATION OR IN THE 3D BUILD PLANNER FORUM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ITS SERVERS, EQUIPMENT OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


LIMITATION ON LIABILITY.
IN NO EVENT SHALL 3D BUILD PLANNER SYSTEMS, ITS LICENSORS OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, LOST COMPUTER TIME, COST OF SUBSTITUTE GOODS OR SERVICE, FAILURE TO REALIZE EXPECTED SAVINGS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE 3D BUILD PLANNER APPLICATION OR 3D BUILD PLANNER FORUM, EVEN IF 3D BUILD PLANNER SYSTEMS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 3D BUILD PLANNER SYSTEMS, ITS LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS' ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING FUNDAMENTAL BREACH AND NEGLIGENCE) WILL AT ALL TIMES BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID, IF ANY, BY YOU TO 3D BUILD PLANNER SYSTEMS FOR THE 3D BUILD PLANNER APPLICATION DURING THE TERM OF USAGE.


GOVERNING LAW/DISPUTES
3D Build Planner Systems is based in Ontario, Canada with principle offices in the Province of Ontario, Canada. If there is any dispute about or involving the 3D Build Planner Services, you agree that the dispute shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the Province of Ontario, City of Ottawa. Either 3D Build Planner Systems or you may demand that any dispute between 3D Build Planner Systems and you about or involving the 3D Build Planner Services must be settled by a mutually agreeable arbitrator, provided that the foregoing shall not prevent 3D Build Planner Systems from seeking injunctive relief in a court of competent jurisdiction.

3D Build Planner Systems makes no representation that the 3D Build Planner Application or Forum is appropriate or available for use in other locations. Accessing the 3D Build Planner Application or Forum from jurisdictions where they are illegal is prohibited. If you choose to access the 3D Build Planner Application or Forum from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the 3D Build Planner Application, the 3D Build Planner Forum, the Content and your purchase of any products or services.


INDEMNITY.
You agree to indemnify and hold 3D Build Planner Systems, its subsidiaries and affiliates, and each of their respective officers, agents, directors and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the 3D Build Planner Application or Forum, any Content you post or share on or through the 3D Build Planner Forum, your conduct in connection with the 3D Build Planner Forum or with other Users of the 3D Build Planner Application or Forum or any violation of these Terms of Use or of any law or the rights of any third party.


OTHER
These Terms of Use are accepted upon your use of the 3D Build Planner Application or 3D Build Planner Forum or any of the 3D Build Planner Services and is further affirmed by you becoming a Customer. These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and 3D Build Planner Systems regarding the use of the 3D Build Planner Application and the 3D Build Planner Forum and supersedes all prior understandings and agreements between the parties. The failure of 3D Build Planner Systems to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience of reference only and are not to affect the construction or interpretation of these Terms of Use. These Terms of Use operates to the fullest extent permissible by law. If any provision is deemed to be illegal, invalid or unenforceable, it shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Please contact 3D Build Planner Systems at support@3dbuildplanner.com with any questions regarding these Terms of Use.

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