Master Subscription Agreement
TERMS OF THIS MASTER SUBSCRIPTION AGREEMENT (THE “AGREEMENT”) GOVERN THE USE OF
THE SUPERBUILD, LLC (SUPERBUILD) CONSTRUCTION MANAGEMENT APPLICATION SERVICE (THE
“SERVICE”) BY ALL SUBSCRIBERS AND USERS.
USED IN THIS AGREEMENT, THE TERMS “YOU” OR “YOUR” REFER TO ALL SUBSCRIBERS AND USERS
OF THE SERVICE.
CLICKING THE “I ACCEPT” BUTTON DISPLAYED DURING THE REGISTRATION AND ORDERING PROCESS,
YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF
YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST SELECT THE “I DECLINE” BUTTON.
YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT
THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICE.
CLICKING THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT THE SERVICE IS SUPERBUILD’S
PATENT-PENDING, COPYRIGHTED, AND TRADEMARKED INTELLECTUAL PROPERTY. SUPERBUILD RESERVES
ALL RIGHTS NOT SPECIFICALLY GRANTED TO SUBSCRIBERS AND USERS UNDER THIS AGREEMENT.
SUPERBUILD IS COMMITTED TO VIGOROUSLY ENFORCING ITS RIGHTS.
1. The Service
will provide you with use of the Service, including the Superbuild online construction
management application functionality, an Internet browser interface, and data encryption,
transmission, access, and storage. Your registration for, or use of, the Service
signifies your acceptance of this Agreement, including any materials available on
the SUPERBUILD Web site which are incorporated herein by reference, including, but
Service is available under various subscription terms, such as the number of Users
allowed, license term, and pricing. These terms will be controlled by the SUPERBUILD
Service Order Form (the “Order Form”) completed during the registration and ordering
process, subject to approval and acceptance by SUPERBUILD.
used in this Agreement and in any Order Forms:
means this Agreement, any Order Forms, whether written or submitted online, and
any materials available on the SUPERBUILD Web site specifically incorporated herein
by reference, including all updates to this Agreement and the online materials which
SUPERBUILD may adopt in its business discretion.
means the audio and visual information, documents, software, products and services
contained or made available to you in the course of using the Service.
Date” means the earlier of either the date this Agreement is accepted by selecting
the “I Accept” option presented on the screen after this Agreement is displayed
or the date you begin using the Service.
Term” means the initial period during which you are obligated to pay for the Service
equal to the billing frequency selected by you during the subscription process.
Property Rights” means all patent rights, copyrights, trademarks, service marks,
trade names, domain name rights, mask work rights, trade secrets, and all other
intellectual property rights, derivatives thereof, and forms of protection of a
similar nature anywhere in the world.
Administrator(s)” means those Users who are authorized
by a Subscriber to order the Service, enter Order Forms, add Users, change other
subscription terms, and otherwise administer your use of the Service.
Term(s)” means the period(s) during which a specified number of Users are licensed
to use the Service pursuant to the Order Form(s).
Form(s)” means the form stating your subscription terms for the Service, including
the number of user licenses, the applicable fees, the billing period, any supporting
services being provided by SUPERBUILD, and other charges as agreed to by the parties,
each such Order Form to be incorporated into and to become a part of this Agreement.
If the terms of an Order Form conflict with this Agreement, this Agreement shall
means Superbuild, LLC, a
limited liability company with a mailing address of
P.O. Box 720, River Falls,
Technology" means all of SUPERBUILD’s proprietary technology, including software,
hardware, products, processes, algorithms, user interfaces, know-how, techniques,
designs and other tangible or intangible materials, documents,
or information, which is made available to you by SUPERBUILD in providing the Service.
means the Superbuild branded online construction management application functionality,
data analysis, or other services identified during the ordering process, which is
developed, operated, and maintained by SUPERBUILD, accessible via
http://www.superbuild.com or another designated Web site or IP address,
and the ancillary online or offline products and services provided to you by SUPERBUILD
under this Agreement, including the SUPERBUILD Technology and the Content.
means the individual, company or other legal entity that registers for and orders
the Service subject to the terms of this Agreement and the Order Form. A Subscriber
account may have multiple Users. A User using the service on a trial basis is considered
a Subscriber for purposes of this Agreement.
Data” means all data, information or material provided or submitted by you in using
means the Subscriber and the employees and agents who are authorized by a Subscriber
to use the Service and have been supplied user identifications and passwords by
you, or by SUPERBUILD at your request.
Profile” means the identification, address, contact information, use preferences
and similar personal information entered by Users during the registration process,
as may be updated periodically,
3. Privacy and Security.
SUPERBUILD reserves the right to modify this policy periodically in its business
SuperBuild uses the registration information to set up the Service
for subscribers. In particular, subscribers are asked to provide an email address
so they may be issued a username and password. SuperBuild and its partners may use
the information to contact subscribers to further discuss subscriber interest in
our company, the Service that we provide, and to send information regarding our
company or partners, such as promotions and events. Subscribers may be invited to
receive an email newsletter by providing an email address. Subscriber email addresses
and any personal subscriber information will not be distributed or shared with third
parties. Subscribers can opt out of receiving promotional and marketing information
from us at any time by sending an email to support@SuperBuild.com. We may also email
information regarding updates to the Service or company. Again, email will not be
distributed or shared and subscribers can opt out of receiving any communication
the case of a trial period or promotion, when a User registers the User will be
asked whether or not he or she wishes to receive marketing and other communications
from SUPERBUILD periodically. The User may opt out of receiving such communications
then or subsequently by changing their User Profile. Trial users will not have the
option of opting out unless they terminate their subscription. Note that because
the Service is a hosted, online application, SUPERBUILD occasionally may need to
notify all Users of important operating issues concerning the Service. If you are
a paying Subscriber to the Service, you agree that SUPERBUILD can disclose this
fact to third parties.
4. License and Restrictions.
grants you a non-exclusive, non-transferable, right and license to use the Service,
solely for your own internal business purposes, subject to the terms and conditions
of this Agreement. All rights not expressly granted to you are reserved by SUPERBUILD
and its licensors
You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute
or otherwise commercially exploit or make available to any third party the Service
or the Content in any way; (b) modify or make derivative works based upon the Service
or the Content; (c) create Internet hyperlinks to the Service or “frame” or “mirror”
any Content on any other server computer or device capable of accessing the Internet;
or (c) reverse engineer or access the Service in order to (i) build a competitive
product or service, (ii) build a product using similar ideas, features, functions
or graphics of the Service, or (iii) copy any ideas, features, functions or graphics
of the Service.
User license to the Service may only be used by one individual person, but may be
reassigned from time to time to new Users who are replacing Users who are no longer
employees or agents of the Subscriber.
You shall not (a) send spam or otherwise duplicative or unsolicited messages in
violation of applicable laws; (b) send or store infringing, obscene, threatening,
libelous, or otherwise unlawful material, including material harmful to children
or which violate third party privacy rights; (c) send or store material containing
software viruses or other harmful computer code, files, scripts, agents or programs;
(d) interfere with or disrupt the integrity or performance of the Service or the
data contained therein; or (e) attempt to gain unauthorized access to the Service
or its related systems or networks.
5. User Responsibilities.
are responsible for all activity occurring through your Users and shall abide by
all applicable local, state, national and foreign laws, treaties and regulations
in connection with your use of the Service, including those related to data privacy,
international communications and the transmission of technical or personal data.
You shall: (a) notify SUPERBUILD immediately of any unauthorized use of any password,
or account information, or any other known or suspected breach of security; (b)
report to SUPERBUILD immediately and use reasonable efforts to stop immediately
any copying or distribution of Content that is known or suspected by you or your
Users; and (c) not impersonate another SUPERBUILD User or provide false identity
information to gain access to or use the Service.
6. Subscriber Data.
own the Subscriber Data. You, not SUPERBUILD, are responsible for the accuracy,
quality, integrity, legality, and reliability of the Subscriber Data. SUPERBUILD
is not responsible or liable for the deletion, correction, destruction, damage,
loss or failure to store any Subscriber Data
this Agreement is terminated, other than by reason of your breach, SUPERBUILD will
provide you with a copy of all your Subscriber Data in a printable file format (a
“Printout”) within 30 days after the termination date if you request it. You acknowledge
that SUPERBUILD charges an additional fee for providing Printouts, and agree that
SUPERBUILD may bill this fee to your credit card. SUPERBUILD reserves the right
to withhold, remove, and discard Subscriber Data without notice for any breach,
including, without limitation, your non-payment. Your right to access or use Subscriber
Data will cease upon termination for breach, and SUPERBUILD shall have no obligation
to maintain or forward any Subscriber Data. Prior to the termination of your subscription,
your access to Subscriber Data will not be restricted and you will be responsible
for creating whatever Printouts you deem necessary in your business discretion for
backup and archival purposes
purposes of this Agreement, Subscriber Data is categorized into Private Data and
Project Data. “Private Data” means data, information, or material provided or submitted
by you in using the Service that is private and confidential to you, such as User
names, log-in information, addresses, order terms, and billing records. Private
and this Agreement. “Project Data” means data, information or material, other than
Private Data, which is provided or submitted by you in using the Service, and that
is specific to construction projects, such as: the project location; the scope of
work; the labor amount, type, and price; the materials amount, type, and price;
the office overhead charges, and profit margin for the project.
hereby grant SUPERBUILD an unrestricted, worldwide, perpetual right and license
to use the Project Data for the purpose of compiling construction industry market
data, for the distribution and delivery of such data to third parties under separate
agreements, and for such other purposes as SUPERBUILD may determine in its sole
business discretion. SUPERBUILD will extract Project Data from the Service so that
it is no longer associated any the Private Data of any individual Subscriber.
acknowledge that SUPERBUILD will use the Project Data to make comprehensive, accurate,
and current construction industry market data available to Subscribers and other
SUPERBUILD customers. You acknowledge and agree that having such market data available
is a benefit to you and other Subscribers. You further acknowledge and agree that
SUPERBUILD is relying on the accuracy of the Project Data you enter in the Service.
You agree to use reasonable business efforts to ensure the accuracy of the Project
Data when it is submitted, and to maintain the accuracy of such Project Data by
correcting any errors within a reasonable time after you discover them.
7. Subscriber Taxes.
acknowledge that in using the Service to deliver construction products and services
to your customers you may be liable for the payment or collection of federal or
state excise, sales, service, use or other taxes (“Taxes”). You agree that any tax
calculations or amounts provided to you through the Service are for informational
purposes only, and do not represent the actual amount of Taxes that you may be obligated
to pay or collect based on the products or services you deliver. You are solely
responsible for determining the correct amount of Taxes you are liable to pay or
collect, and for actually paying or collecting the amount of such Taxes when due.
8. Intellectual Property Rights.
acknowledge and agree that SUPERBUILD and its licensors own
all right, title and interest in and to the SUPERBUILD Technology, the Content and
the Service. In addition, SUPERBUILD owns all suggestions, ideas, enhancement requests,
feedback, recommendations or other information provided by you related to the Service.
This Agreement is not a sale and does not give you any ownership interest in the
Service, the SUPERBUILD Technology or any Intellectual Property Rights owned by
SUPERBUILD. The SUPERBUILD name, the SUPERBUILD logo, and the product names associated
with the Service are trademarks of SUPERBUILD or third parties, and no right or
license is granted to use them.
9. Fees and Payment.
you subscribed to a paid for version of SuperBuild, you agree to pay all fees or
charges due for the current License Term, as specified in the applicable Order Form.
Fees will be payable in advance of the applicable License Term, unless SUPERBUILD
allows otherwise in its sole business discretion. You are responsible for paying
for all User licenses ordered for the entire License Term, regardless of the amount
of actual use made of the licenses. You must provide SUPERBUILD with valid credit
card information as a condition to signing up for the Service. An authorized License
Administrator may add licenses by executing an additional Order Form. Licenses added:
(a) will be coterminous with the existing License Term; (b) will require payment
of the then current, generally applicable license fee; and (c) if added in the middle
of a billing month, will be charged in full for that billing month. SUPERBUILD reserves
the right to modify its fees and charges and to introduce new charges at any time,
upon at least thirty (30) days notice to you, which notice may be provided by e-mail.
All pricing terms are confidential, and you agree not to disclose them to any third
10. Renewal, Billing.
you subscribed to a paid for version of SUPERBUILD, then SuperBuild will automatically
renew and bill your credit card for the same term as your Initial Term, or the current
License Term, as applicable. The renewal charge will be equal to the then-current
number of total User licenses times the license fee in effect during the prior term,
unless SUPERBUILD has notified you of a fee increase, which shall be effective upon
renewal and thereafter. Fees for other services will be charged on an as-quoted
basis. SUPERBUILD's fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes,
levies, or duties, excluding only federal and state taxes based solely on SUPERBUILD's
You agree to provide SUPERBUILD with complete and accurate billing and contact information.
This information includes your legal company name, street address, e-mail address,
and name and telephone number of an authorized billing contact and License Administrator.
You agree to update this information within thirty (30) days of any change to it.
If the contact information you have provided is false or fraudulent, SUPERBUILD
reserves the right to terminate your access to the Service in addition to pursuing
any other legal remedies it has.
If you believe your bill is incorrect, you must contact us in writing within sixty
(60) days of the date of the invoice in question to be eligible for an adjustment
11. Failure to Pay.
you subscribed to a paid for version of SUPERBUILD, then SuperBuild reserves the
right to suspend or terminate this Agreement and your access to the Service if you
fail to pay your account balances on time. SUPERBUILD may charge interest on unpaid
invoice amounts of 1.0% per month, or the maximum permitted by law, whichever is
less, plus all expenses of collection. You will continue to be charged for User
licenses during any period of suspension. If you or SUPERBUILD elects to terminate
this Agreement, you will be obligated to pay the outstanding balance due on your
account. You agree that SUPERBUILD may charge such unpaid fees to your credit card.
SUPERBUILD reserves the right to impose a reconnection fee in the event your access
has been suspended and you want to reinstate your subscription to the Service. You
acknowledge and agree that OLB has no obligation to retain Subscriber Data. Subscriber
Data may be irretrievably deleted if your account is more than thirty (30) days
12. Interactions with Third Parties.
may correspond with, purchase goods or services from, or participate in promotions
of advertisers or sponsors marketing their goods or services available through the
Service (“Third Parties”). This activity, and any terms, conditions, warranties
or representations it involves, is solely between you and the Third Parties. OLB
and its licensors shall have no liability, obligation or responsibility for the
conduct or results of such interactions. SUPERBUILD does not endorse any Internet
sites that are linked through the Service, and is not responsible for any content,
products, or other materials on or available from such sites. You acknowledge that
certain Third Parties may require your agreement to additional or different license
or other terms prior to your use of their software, hardware or services.
13. Term and Expiration.
Agreement commences on the Effective Date and continues for the term specified in
the current Order Form. At the expiration of the Initial Term, this Agreement will
automatically renew for successive renewal terms equal in duration to the Initial
Term, or for one year, if the Initial Term is greater than one year. Either party
may terminate this Agreement or reduce the number of licenses, effective only upon
the expiration of the current License Term, by notifying the other party in writing
at least five (5) business days prior to the date of the expiration of the current
License Term. In the case of trial subscriptions, notifications provided through
the Service indicating the remaining number of days in the trial subscription will
constitute notice of termination. You acknowledge and agree that SUPERBUILD has
no obligation to retain the Subscriber Data, and may delete it more than 30 days
14. Termination for Cause.
failure to meet payment obligations or your unauthorized use of the Service or the
SUPERBUILD Technology will be deemed a material breach of this Agreement. SUPERBUILD,
in its sole discretion, may terminate your subscription for and use of the Service
if you breach or otherwise fail to comply with this Agreement. In addition, SUPERBUILD
may terminate a trial subscription at any time in its sole discretion. You agree
that SUPERBUILD has no obligation to retain the Subscriber Data, and may delete
such Subscriber Data, if you have materially breached this Agreement and such breach
has not been cured within 30 days of notice of such breach.
15. Representations and Warranties.
party represents and warrants that it has the legal power and authority to enter
into this Agreement. You represent and warrant that you have not falsely identified
yourself nor provided any false information to gain access to the Service and that
your billing information is correct.
shall indemnify and hold SUPERBUILD, its licensors and each such party's parent
organizations, subsidiaries, affiliates, officers, directors, employees, attorneys
and agents harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses, including legal fees and costs, arising out of or in connection
with a claim: (a) alleging that use of the Subscriber Data infringes the rights
of, or has caused harm to, a third party; (b) alleging facts that would constitute
a violation of your representations and warranties; or (c) arising from the breach
by you or your Users of this Agreement, provided in any such case that SUPERBUILD
(i) promptly gives you written notice of the claim; (ii) gives you sole control
of the defense and settlement of the claim (provided that you may not settle or
defend any claim unless you unconditionally release SUPERBUILD from all liability
and such settlement does not affect SUPERBUILD's business or Service); (iii) provides
you with reasonable information and assistance; and (iv) has not compromised or
settled such claim.
SUPERBUILD shall indemnify and hold you and your parent organizations, subsidiaries,
affiliates, officers, directors, employees, attorneys and agents harmless from and
against any and all claims, costs, damages, losses, liabilities and expenses, including
legal fees and costs, arising out of or in connection with a claim: (a) which if
true, would constitute a violation by SUPERBUILD of its representations or warranties;
or (b) arising from breach of this Agreement by SUPERBUILD; provided that you (i)
promptly give SUPERBUILD written notice of the claim; (ii) give SUPERBUILD sole
control of the defense and settlement of the claim (provided that SUPERBUILD may
not settle or defend any claim unless it unconditionally releases you from all liability);
(iii) provide SUPERBUILD with reasonable information and assistance; and (iv) have
not compromised or settled such claim. SUPERBUILD shall have no indemnification
obligation, and you shall indemnify SUPERBUILD pursuant to this Agreement, for claims
of Intellectual Property Rights infringement arising from the combination of the
Service with any of your products, service, hardware, or business processes.
17. Warranty Disclaimer.
AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS
OF THE SERVICE OR ANY CONTENT. SUPERBUILD AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR
DATA; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA
WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE
SERVICE OR THE SERVER COMPUTERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY
ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY SUPERBUILD AND ITS LICENSORS.
18. Liability Limitation.
NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE FEES DUE FROM YOU IN
THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
OF ANY TYPE OR KIND, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING
BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED
FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS
OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Export Restrictions.
Service uses software and technology that may be subject to
export controls administered by the U.S. Department of Commerce, the United States
Department of Treasury Office of Foreign Assets Control, and other
agencies. You acknowledge and agree that the Service may only be used by Users located
and its territories, and that the Service and SUPERBUILD Technology may not be used,
transferred, or otherwise exported to any foreign country.
Service may use encryption technology that is subject to licensing requirements
under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council
Regulation (EC) No. 1334/2000.
SUPERBUILD and its licensors make no representation that the Service is appropriate
or available for use in any foreign country. If you use the Service from outside
States of America
, you are solely responsible for compliance with all
applicable laws, including without limitation export and import regulations of other
countries. Any diversion of the Content contrary to
law is prohibited. None of the Content, nor any information acquired through the
use of the Service, is or will be used for nuclear activities, chemical, weapons,
biological weapons, or missile projects, unless specifically authorized by the
may give notice by means of a general notice to all Users. You agree to receive
notice for all purposes under this agreement by electronic mail to your e-mail address
of record in your User Profile. You are responsible for updating your User Profile
information so that your email and other contact information remains current. Any
email notices shall be deemed to have been given upon the expiration of 12 hours
after it is sent by email. A notice to SUPERBUILD shall be deemed given when received
by SUPERBUILD at any time by any of the following: e-mail to info@Superbuild.com,
or a letter delivered by national overnight delivery service sent to the attention
of the CFO at the principal office address of SUPERBUILD listed on the Service.
21. Modification of Terms.
reserves the right to modify this Agreement or its policies relating to the Service
at any time, effective upon posting of an updated version of this Agreement on the
Service. You are responsible for regularly reviewing this Agreement. Continued use
of the Service after any such changes shall constitute your consent to such changes.
22. Assignment, Change in Control.
Agreement may not be assigned by you without the prior written approval of SUPERBUILD.
SUPERBUILD may assign this Agreement without your consent to (a) a parent or subsidiary,
(b) an acquirer of SUPERBUILD’s assets, or (c) a successor entity by merger or consolidation.
Any purported assignment in violation of this section shall be void. Any actual
or proposed change in control of you or your business entity that results or would
result in a direct competitor of SUPERBUILD directly or indirectly owning or controlling
fifty percent (50%) or more of you or your business entity shall entitle SUPERBUILD
to terminate this Agreement for cause.
Agreement shall be governed by Delaware law and controlling United States federal
law, without regard to the choice or conflicts of law provisions of any jurisdiction,
and any disputes, actions, claims or causes of action arising out of or in connection
with this Agreement or the Service shall be subject to the exclusive jurisdiction
of the state and federal courts located in Delaware. If any provision of this Agreement
is held by a court of competent jurisdiction to be invalid or unenforceable, then
such provision(s) shall be construed, as nearly as possible, to reflect the intentions
of the invalid or unenforceable provision(s), with all other provisions remaining
in full force and effect. No joint venture, partnership, employment, or agency relationship
exists between you and SUPERBUILD as a result of this agreement or use of the Service.
The failure of SUPERBUILD to enforce any right or provision in this Agreement shall
not constitute a waiver of such right or provision unless acknowledged and agreed
to by SUPERBUILD in writing. This Agreement, together with any applicable Order
Form, comprises the entire agreement between you and SUPERBUILD and supersedes all
prior or contemporaneous negotiations, discussions or agreements, whether written
or oral, between the parties.
24. Additional Information.
you have questions regarding this Agreement or wish to obtain additional information,
please send an e-mail to firstname.lastname@example.org.
Superbuild, LLC. All rights reserved. Third party product and brand names used are
property of their respective owners.