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THIS TERMS OF USE AGREEMENT (the “Agreement”) establishes a legally binding contract between Builders Growth Accelerator, hereafter referred to as “BGA,” and the client, whether representing themselves or an entity (“Client”), in relation to the access and utilization of BGA’s website: https://www.buildersgrowthaccelerator.com/ (the “Website”), along with any other associated media forms, channels, mobile websites, or mobile applications. Failure to consent to and abide by the entirety of the terms, conditions, and responsibilities outlined in this Agreement will lead to the immediate prohibition of the Client’s use of the Website. Consequently, the Client is required to discontinue use promptly. The relationship between the Client and BGA will then terminate and hold no further legal standing between the parties, except in cases where the Client maintains an outstanding obligation to compensate BGA for services already provided. This financial commitment will remain in effect and continue to be a standing responsibility of the Client towards BGA.

1. Ownership of Intellectual Property Rights

Unless explicitly stated otherwise, the Website is the exclusive property of Builders Growth Accelerator (hereinafter referred to as “BGA”). All elements encompassed within the Website, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are under the ownership and control of BGA. These assets are safeguarded by copyright, trademark laws, and any other pertinent intellectual property legislation or regulations upheld by the United Kingdom, foreign jurisdictions, and international agreements.

The Content and Marks are made available “As-Is” solely for your informational and personal use. Unless expressly permitted in this Agreement, no portion of the Website, Content, or Marks may be duplicated, replicated, aggregated, republished, uploaded, posted, exhibited, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express, prior written consent of BGA. BGA retains all rights related to the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding BGA’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on the Client’s behalf (referred to as “Projects”) shall be the exclusive property of the Client, who shall hold the sole copyright for all Projects. Should any legal circumstance arise that might transfer ownership of a Project, in whole or in part, to BGA instead of the Client, BGA hereby conveys its complete interest in the Project to the Client, in an irrevocable and perpetual manner, without limitations.

The Client affirms that all materials provided to BGA as examples or for incorporation into a project during the design process are the rightful property of the Client. Moreover, these materials are confirmed not to infringe upon or unlawfully appropriate any rights belonging to third parties, including, but not limited to, intellectual property rights and any rights pertaining to publicity.

It is essential to note that BGA retains the right to publicly showcase the Client’s design work, which may include sharing it on social media, the website, or other platforms, unless otherwise agreed upon as stipulated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by BGA and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), BGA will notify the Client in written form that one or more Third-Party Fonts have been integrated into the Project. The notice will stipulate that the Client needs to acquire one or more licenses for the Third-Party Fonts from the respective rights-holders to legally reproduce, distribute, or publicly display the Project. This notification will include adequate information for the Client to identify the necessary licenses and the appropriate contacts to procure said licenses.

As long as BGA has provided the Client with the aforementioned notice regarding the inclusion of Third-Party Fonts, the Client assumes full responsibility for any repercussions arising from the Client’s failure to obtain one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, the Client affirms and guarantees that:

  • The Client possesses the legal capacity to agree to and comply with these Terms of Use.
  • The Client is not a minor in their domicile jurisdiction.
  • The Client will not access the Website using automated or non-human methods.
  • The Client will not utilise the Website for any unlawful or unauthorised purposes.
  • The Client’s use of the Website will not contravene any applicable laws or regulations.

5. Prohibited Activities

The Client is required to use the Website solely for the purpose for which it is made available and should not engage in any other activities. The Website may only be used in conjunction with commercial endeavours that are directly related to the services provided by BGA on behalf of the Client. Additionally, the Client agrees not to partake in the following actions:

  • Unauthorised use of the Website.
  • Extracting data or content for the purpose of constructing a database or directory.
  • Bypassing, disabling, or otherwise tampering with security-related features on the Website.
  • Unauthorized framing or linking to the Website.
  • Deceptive, fraudulent, or misleading interactions with BGA or other users.
  • Disrupting, interfering with, or overloading the Website or BGA’s networks and servers.
  • Utilizing the Website in an attempt to compete with BGA.
  • Decompiling, deciphering, disassembling, or reverse engineering any software components comprising or contributing to the Website.
  • Circumventing measures on the Website intended to prevent or restrict access.
  • Harassing, intimidating, or threatening BGA’s employees, independent contractors, or agents providing services via the Website.
  • Removing copyright or other rights notices from any Content.
  • Copying or adapting the Website’s software.
  • Uploading, transmitting, or attempting to transmit viruses, Trojan horses, or other harmful materials that interfere with the use of the Website or disrupt its functions.
  • Uploading, transmitting, or attempting to transmit materials that function as information collection or transmission mechanisms, whether passive or active.
  • Harming the reputation or interests of BGA.
  • Utilising the Website in violation of any applicable laws, statutes, or regulations.

6. Client Feedback

The Client acknowledges and consents that any questions, comments, suggestions, or other feedback or submissions (collectively referred to as “Submissions”) shall become the exclusive property of BGA. BGA is not obliged to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. BGA shall hold absolute and exclusive rights over all aspects related to the Submission, with the exception of rights granted to the Client under Paragraph 2, titled “Ownership of Materials.” BGA, at its sole and unrestricted discretion, may employ and distribute a Submission for any lawful purpose without requiring permission, acknowledgment, or compensation to the Client. The Client affirms that they possess the right to articulate and present the Submission. Consequently, the Client relinquishes all claims and recourse against BGA for the use of the Submission in accordance with the terms outlined herein and at the sole discretion of BGA, both presently and in the future.

7. Management and Oversight

BGA retains the authority to monitor the Website to identify breaches of these Terms of Use and to take suitable legal actions in response to any violation of these Terms of Use or any applicable laws, statutes, or regulations. BGA further reserves the right to limit or deny access to the Website or deactivate the Client’s ability to use the Website. Such decisions will be solely at BGA’s discretion and will occur without notice or incurring liability to the Client. All determinations concerning the management of the Website will rest solely with BGA and will be made with the intention of safeguarding BGA’s rights and assets.

8. Privacy Policy

By utilising the Website, the Client agrees to be bound by and comply with the Privacy Policy, including its specific terms as delineated therein, which are hereby adopted and incorporated herein. The Website is hosted in the United Kingdom. Accessing the Website from regions such as the EU, Asia, or other parts of the world may subject the collection, utilisation, or disclosure of personal data to laws, statutes, or regulations that differ from those of the United States or United Kingdom. The Client’s continued use of the Website and transfer of data to the United Kingdom expressly signifies the Client’s consent to the transfer and processing of data within the United Kingdom.

9. Returns and Refunds

BGA retains the authority to deny refunds at its own discretion and without notice or liability to the Client. Requests for refunds are evaluated on a case-by-case basis. Should the Client request a refund up until the end of the Design phase, BGA will provide a full refund as part of our guarantee.  After the Design phase completes for a project refunds are no longer available.

BGA reserves the right to initiate appropriate legal actions against the Client for violations of this paragraph.

10. Modification

BGA retains the right to make alterations, adjustments, modifications, amendments, or removals of any content or aspect on the Website for any reason at its sole discretion. BGA also holds the right to amend or discontinue the Website in its entirety or in part, without notice and without incurring liability to the Client.

11. Connection Interruptions

BGA does not guarantee or warrant that the Website will be continuously available and accessible. Interruptions, delays, or errors beyond BGA’s control may arise due to hardware, software, or other factors. The Client acknowledges that BGA shall not be held liable for any losses, damages, or inconveniences stemming from the Client’s inability to access or use the Website during any disruptions in the connection or service.

12. Governing Law

These Terms of Use shall be subject to and interpreted in accordance with the laws of the United Kingdom, without regard to conflict of law principles.

13. Litigation

Any legal proceedings, regardless of their nature, shall be conducted in the United Kingdom. Both parties consent to personal jurisdiction in these courts and waive any defences related to the lack of personal jurisdiction and forum non conveniece regarding venue and jurisdiction.

14. Disclaimer

The Website is provided on an “as-is” and “as-available” basis. The Client acknowledges that their use of the Website and Services is entirely at their own risk. BGA disclaims all warranties, whether express or implied, related to the Website and the Client’s usage thereof. This includes implied warranties of merchantability, fitness for a specific purpose, and non-infringement. BGA makes no warranties or representations regarding the accuracy or completeness of the Website, its content, or the content of any websites linked to it. BGA assumes no liability for errors, mistakes, or inaccuracies in content and materials, personal injury, property damage, unauthorised access to secure servers, interruption or cessation of transmission, bugs, viruses, or any errors or omissions in content and materials. BGA also disclaims any responsibility for any product or service advertised or offered by third parties through the Website, hyperlinked websites, or any websites or mobile applications featured in advertisements.

15. Limitations of Liability and Indemnification

BGA, along with its directors, employees, members, independent contractors, or agents, shall not be held liable for any direct, indirect, consequential, incidental, special, or punitive damages, which may include but are not limited to lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold BGA, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party due to or arising from: (1) the use of the Website; (2) a breach of these Terms of Use; (3) any breach of the Client’s representations and warranties as set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Nevertheless, BGA reserves the right, at the Client’s expense, to take control and assume the defense of any matter for which the Client is required to indemnify BGA herein. The Client agrees to cooperate with the defense of such claims.

16. User Data

The Client assumes full responsibility for all data transmitted to or associated with any activity conducted using the Website. BGA shall not be held liable to the Client for any loss or corruption of such data, and the Client hereby waives any right to pursue legal action against BGA for any such loss or corruption.

17. Electronic Communications, Transactions, and Signatures

The Client provides consent to receive electronic communications from BGA and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement for written communication. The Client also consents to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by BGA or through the Website. The Client hereby waives any rights or requirements imposed by any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, the delivery or retention of non-electronic records, or payment or the granting of credits by means other than electronic.

18. Showcasing Design Work

BGA retains the right to share design work on digital platforms, including social media and the website, unless otherwise agreed upon. However, the Client reserves the option to establish a Non-Disclosure Agreement (NDA) with BGA, which would, in turn, negate BGA’s right to publicly share or discuss the Client’s work.

19. Miscellaneous

These Terms of Use, along with any policies posted on the Website or concerning the Website, constitute the complete agreement and understanding between the Client and BGA. Failure by BGA to enforce any right or provision of these Terms of Use shall not be considered a waiver of such right or provision. If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use, but it shall not affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed as the establishment of a joint venture, partnership, employment, or agency relationship between the Client and BGA.

20. Contact Information

For inquiries or complaints regarding the Website, please contact BGA.

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