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Estimation Builder

Terms of Service

Acceptance of the Terms of Service.

These terms of use are entered into by and between you and Ninja Web Studios LLC., doing business as EstimationBuilder, and its subsidiaries and affiliates (collectively, "EstimationBuilder," "we," "us" or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of www.estimationbuilder.com, including any content, functionality, and services offered on or through estimationbuilder.com ("Services"), whether as a guest or a registered user. Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://www.estimationbuilder.com, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, do not access or use the Services.

Intellectual Property Rights.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EstimationBuilder, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by EstimationBuilder. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Electronic and Other Communications.

EstimationBuilder may contact you using electronic communications, including your email, address and phone number provided by you to EstimationBuilder through our Services.

Privacy Policy and Data Confidentiality.

Any Personal Data shared by you through our Services are governed by our Privacy Policy. We encourage you to read through our Privacy Policy to make an informed decision about using our Services. By agreeing to our Privacy Policy, you agree that you have taken proper consent from your customers for processing their personal data on our platform. We do not hold any responsibility for misuse of this data by you. You further agree to the following clauses:

  • EstimationBuilder will use your Personal Data to provide Services as mentioned in the Privacy Policy.
  • When sending any electronic communications through our Services you have taken prior consent from the recipients and are not sending any unsolicited information. While using our lead generation services you comply within the relevant privacy laws applicable for the region you are collecting information from.
  • You are solely responsible for all the activities and the legal liabilities thereof performed on our Services.

Linking to the Services and Social Media Features.

You may link to EstimationBuilder's homepage, provided you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on EstimationBuilder's part without prior written consent.

Cookie Policy.

Our Privacy Policy provides information regarding our use of cookies, web beacons, tracking pixels, and other tracking technologies with our Services. EstimationBuilder's Privacy Policy can be viewed here. By continued use of our Services, you agree to the terms of our Privacy Policy.

Links from the Services.

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Resell.

Your right to use the Services is personal to you and your firm. You agree not to resell the Services without the explicit and written consent of EstimationBuilder

Free Trial.

Initial registration on EstimationBuilder provides you with a free trial of 30 days. Our Services are available to you on a trial basis, free of charge, for 30 days. After your 30 day trial, your credit card will be charged our regular monthly fee. Your next billing date is provided to you on your profile page.


ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU CONTINUE WITH A SUBSCRIPTION TO THE SERVICES, PURCHASE APPLICABLE SERVICES, BEFORE THE END OF THE TRIAL PERIOD.

Provision of Purchased Services.

EstimationBuilder will:

  • Make our Services available to you pursuant to these Terms of Service and the applicable subscription plan;
  • Provide standard support for the Services to you at no additional charge;
  • Use commercially reasonable efforts to make the online Services available twenty-four (24) hours a day, seven (7) days a week, except for:
    • planned downtime (of which we shall give advance electronic notice as provided in the Documentation);
    • any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attacks.
  • Make our Services easy to cancel any time;

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR PAID USAGE WILL BE PERMANENTLY LOST UNLESS YOU CONTINUE WITH A SUBSCRIPTION TO THE SERVICES, CONTINUE TO PURCHASE APPLICABLE SERVICES, BEFORE YOUR SUBSCRIPTION ENDS. KEEP YOUR CREDIT CARD INFORMATION UP-TO-DATE TO PREVENT SERVICE INTERRUPTIONS.

Protection of Your Personal Data.

We employ administrative, physical and technical measures designed to protect your information from unauthorized access and to comply with applicable state and federal privacy and security laws; however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed to prevent any interception or other type of misuse. We also depend on you to protect your information. Please set up a strong password and keep it confidential. If you become aware of any breach of security, please notify us immediately.

Fees and Transactions.

You will pay specified fees for all selected Services provided by EstimationBuilder.

Invoicing and Payment.

You will provide EstimationBuilder with valid credit card information. If you provide credit card information to EstimationBuilder, you authorize EstimationBuilder to charge such credit card for all purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly, quarterly, half yearly and annually or in accordance with any different billing frequency stated in the applicable Order Form.

Suspension of Service and Acceleration.

If any amount owed by you under this or any other agreement for our services is overdue now, or multiple days overdue, in the case of amounts you have authorized us to charge to your credit card, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our Services to you until such amounts are paid in full.

Payment Dispute.

EstimationBuilder will exercise its rights of suspension of Services if you are disputing our applicable charges, until the dispute is resolved.

Taxes.

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder.

Future Functionality.

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

Indemnification.

You agree to defend, indemnify, and hold harmless EstimationBuilder, its affiliates, licensors, and service providers, and its and their respective parents, officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your user Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Services or your use of any information obtained from the Services.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.


TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.


YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, PARENTS, AGENTS, OFFICERS, OWNERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement.

The Terms of Service, and our Privacy Policy constitute the sole and entire agreement between you and EstimationBuilder regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Information

Please contact us at [email protected] if you have any questions about our Terms of Use.