Terms & Conditions
User Agreement
Last Revision: August 2, 2024
This User Agreement (the “Agreement”) is entered into by Built Commercial LLC offering lead services through the Maryland Bid Board platform and you (“you,” “your,” or “User”) as a user of the Maryland Bid Board platform (the “Platform”). Built Commercial LLC is a company offering project leads to subscribers amongst other services. You acknowledge and agree that the following terms and conditions, including the Built Commercial Privacy Policy, shall govern your use of the Platform, including both free and subscription-only services. The Platform and all of its features are subject to this Agreement, which incorporates the terms, conditions, guidelines, agreements, covenants, and notices (hereinafter “Terms of Service”) set forth below. If you visit the Platform, or use any services or information offered or provided by or through the Platform, you are subject to the Terms of Service stated herein. By signing any subscription agreement or proceeding to use the Platform or logging in, you expressly acknowledge that you have reviewed and agree to abide by the Terms of Service stated herein. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE PLATFORM.
Built Commercial, LLC has the right to amend the Terms of Service at any time without notice. Any such amendments will be appended hereto or incorporated herein, and are effective upon posting. You are urged to review the Terms of Service prior to each use of the Platform. This version of the Terms of Service is effective as of the date set forth above. By logging in to the Platform or using the Platform in any way, you consent to the Terms of Service that are effective at that time. Your continued use of the Platform following the posting of any updates or changes to these Terms of Service constitutes your acceptance of such changes. If you object to any modifications to these Terms of Service, your only recourse is to immediately terminate use of the Platform.
TERMS OF SERVICE
TERM AND TERMINATION.
- Free Trials and Unpaid Subscriptions. To the extent made available by Built Commercial, LLC you may use certain aspects of our Platform without payment of any fees. We reserve the right to terminate your access to any free trial or unpaid portion of the Platform at any time and you may stop using such features and portions of the Platform at any time you choose. To the extent you have not purchased a Paid Subscription (as defined below), certain features and functionality may not be available to you.
- You may purchase a subscription to the Platform in accordance with the terms of this Agreement (“Paid Subscription”). The term of your Paid Subscription begins on the date your first payment of applicable fees for such Paid Subscription is processed and continues in effect for the term selected by you upon purchase (the “Subscription Term”) and as set forth in the invoice issued to you upon processing of your payment (the “Invoice”) unless terminated as described below.
- Cancelling Your Subscription. In order to cancel your Paid Subscription, please contact your Account Manager. Your Paid Subscription will continue in effect until the end of the applicable Subscription Term, as set forth in the applicable Invoice. If you do not cancel your Paid Subscription thirty (30) days prior to the next scheduled payment, your Paid Subscription will automatically renew in accordance with the terms of this Agreement and the applicable Invoice.
- Termination by Built Commercial LLC. Built Commercial may terminate this Agreement and your access to the Platform without cause or liability at any time.
FEES AND CHARGES. Built Commercial LLC, in its sole discretion, may charge fees for access to the Platform or certain features therein. Fees for access will be presented at the time of purchase and further set forth in the applicable Invoice. Built Commercial reserves the right to implement an annual increase in fees no more than once per year of the then-current rate offered to customer upon renewal of your Paid Subscription, and will provide you with reasonable notice of such changes. At times, we may offer promotional fees and terms for new users or new features. We reserve the right to implement these promotions in our sole discretion, and you acknowledge and agree that such promotions may not be available or applicable to you. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Platform within thirty (30) days of invoice with a valid payment method (“Payment Method”). If your Payment Method fails or is past due, Built Commercial collects fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse Built Commercial for any expense associated with such collection methods. Built Commercial may also suspend your access to the Platform without notice until all fees that are due and owing have been paid in full. All payments are non-refundable.
GRANT OF LICENSE. Subject to the Terms of Service, Built Commercial, LLC grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Platform (Maryland Bid Board) for the permitted purposes stated herein. Built Commercial, LLC maintains the right to terminate your access to the Platform at any time, without cause, in accordance with these Terms of Service.
RESTRICTIONS ON USE. By using the Platform or any services or information provided through the Platform and/or posting content, data and information through the Platform, you agree that you shall not:
- Publish, post, or otherwise communicate false information, inaccurate information, misleading information, information of another person for which you are not authorized to provide, or libelous or defamatory content;
- Violate any laws, regulations, or codes;
- Post inappropriate, impertinent, or scandalous content or post items in an inappropriate category;
- Use the Platform if you have been suspended or barred from use;
- Use the Platform or any of its content for competitive reasons, or resell or redistribute content.
- Interfere with another User’s listings or requests, or take any other action to undermine communications or the efficient operation of the Platform, including, but not limited to, the distribution of spam, chain letters, and viruses; hacking and jamming; and use of harmful technologies of any type;
- Transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform or any data or content found on or accessed through the Platform;
- Interfere with, attempt to interfere with or otherwise disrupt the proper working of the Platform, any activities conducted on or through the Platform, or any servers or networks connected to the Platform, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Platform. Maryland Bid Board reserves the right to limit the number of projects, contacts and companies that can be viewed during any given day;
- Replicate, reproduce, copy, or distribute content from the Platform, or Built Commercial LLC copyrights and trademarks, in violation of this Agreement;
- Delete, modify, hack, or attempt to change or alter any of the content on the Platform;
- Assist or conspire with others to circumvent fees due to Built Commercial LLC;
- Falsely pose as a customer, service requester, or Service Provider, falsely state or otherwise represent an affiliation with a person or entity, or otherwise use a false identity, email address, telephone number, or physical address, whether to gain some financial advantage, to generate economic harm, to jam or disrupt communications, to commit fraud, or for any other purpose whatsoever; or
- Collect, harvest, or distribute information, including email addresses, from other Users, visitors, or Service Providers.
Should you knowingly post false information or information for which you do not have authorization to post, or violate any other Terms of Service set forth herein, Built Commercial LLC may be entitled to injunctive relief, and may seek legal and equitable remedies including, but not limited to, tortious interference with contractual and/or advantageous business relations, common law fraud and/or wire fraud, fraudulent inducement, negligent inducement, invasion of privacy, defamation, deceptive trade practices, and various other causes and remedies, in addition to seeking damages for breach of this Agreement.
PERMISSIBLE USE. Except as indicated to the contrary elsewhere on the Platform or in this Agreement, you may view projects posted to the Maryland Bid Board Platform.
USE OF INFORMATION. To use some features of the Platform, you will be required to disclose certain information, including contact information, service needs, and such other data as is sought through requests, forms, and blank fields provided within the Platform (collectively, “Your Data”). You authorize Built Commercial LLC to store Your Data and to send, share, and distribute Your Data, including, without limitation, your name, basic corporate information, and logos, with and to Service Providers, Suppliers and other third parties and Platform Users, as applicable. You understand that Built Commercial LLC will use this information to provide services, to contact you should the need arise, to provide this information to other Service Providers on your behalf, and for related purposes. For avoidance of doubt, Your Data may be shared with or viewable by any other user of the Platform. You authorize Built Commercial LLC, as well as the Service Providers, to contact you by e-mail, telephone, mail, fax, or by any other reasonable mode of communication. By entering contact information or a service request in the Platform, you specifically agree to waive any restrictions of any Do Not Call list or similar service, or any law or regulation that restricts commercial solicitations, telephone calls, faxes, or any other form of commercial speech or advertisement. Please consult Built Commercial LLC Privacy Policy for additional details concerning use of the information you provide to and through the Platform. Should any terms within this section conflict with those incorporated within the Built Commercial’s Privacy Policy, those contained within this section shall prevail.
COPYRIGHT INFORMATION AND OWNERSHIP. The Platform and all pages within the Platform are and constitute the copyrighted property of Built Commercial LLC, including, without limitation, software, photographs, images, logos, video, and graphics, as well as the arrangement and compilation of the text, graphics, audio and video clips, data, digital downloads, buttons, icons, images, and other content. You are prohibited from using, copying, modifying, reproducing, republishing, transmitting, displaying, posting, or distributing any content without the express, advance, written consent of Built Commercial LLC, except that you may display and print pages and items from the Platform for your personal, informational, non-commercial use. Such material is not to be broadcast or published in any form of media, and is not to be copied or posted on any network computer. I
TRADEMARK NOTICE. The trademarks and logos of Maryland Bid Board displayed within the Platform are either the common law or registered trademarks of Maryland Bid Board or its licensors. Use of meta tags or other “hidden text” incorporating Maryland Bid Board’s name, trade dress, or trademarks is specifically prohibited without the advance, express, written consent of Built Commercial LLC in each instance.
Nothing contained in these Terms of Service shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
You hereby grant us the right to use your name, logo, and a description of your company when contacting Service Providers, Suppliers, or other Platform users in connection with your project or on your behalf, and to refer to you on our website.
ELECTRONIC COMMUNICATIONS. By entering and receiving information through Platform, and by e-mailing Maryland Bid Board or any Service Provider, you specifically consent to receive communications from Maryland Bid Board and any persons or entities that provide services through the Platform electronically. You further agree that all the Terms of Service stated herein, along with any e-mails or other electronic communications with Maryland Bid Board, satisfy any legal requirement that such communications must be in writing.
Built Commercial LLC is not an attorney and cannot give legal advice. Those who seek to enter into contractual relations with Service Providers or Suppliers, those who seek to discontinue such contractual relations, and those involved in disputes with Service Providers or Suppliers should seek the advice of an attorney. Construction lien law can be especially complex, and it is recommended that you consult an attorney immediately should a lien be placed against your property.
DATA RIGHTS. As between you and Maryland Bid Board, you exclusively own all right, title and interest in and to all of Your Data. Maryland Bid Board may use, transform, copy, modify, disclose and otherwise exploit on a perpetual, irrevocable, fully paid-up, royalty free, worldwide basis Your Data, including Your Data that has been de-identified or anonymized as permitted by applicable law and any and all insights and/or analytic information derived from Your Data or use of the Platform, including without limitation usage statistics, analytic data, benchmarking data and/or similar types of insights and data that describe or relate to the performance, features or functionality of the Platform.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Built Commercial LLC, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by you; (ii) any content, data or material that you submit, post or otherwise provide to Maryland Bid Board or on the Platform; (iii) your relationships with and obligations to any third parties pursuant to your use of the Platform; (iv) your violation of any rights of any third party; or (v) your negligence, willful misconduct, fraud, or violation of applicable law.
DISCLAIMER / LIMITS ON LIABILITY. You acknowledge and agree that all services and information provided by and through the Platform are provided on an “AS IS” and “AS AVAILABLE” basis. EXCEPT AS EXPRESSLY SET FORTH WITHIN THIS AGREEMENT, BUILT COMMERCIAL, LLC OR MARYLAND BID BOARD DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE.
UNDER NO CIRCUMSTANCES SHALL BUILT COMMERCIAL LLC OR MARYLAND BID BOARD BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF MARYLAND BID BOARD HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUILT COMMERCIAL’S OR MARYLAND BID BOARD’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO BUILT COMMERCIAL LLC, REGARDLESS OF THE FORM OF CLAIM. PLANHUB MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THE PLATFORM, THE INFORMATION AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM. TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW WITHIN ANY STATE, COMMONWEALTH, TERRITORY, PROVINCE, PROTECTORATE, OR JURISDICTION, THE FOREGOING LIMITS ON LIABILITY, LIMITATIONS ON CERTAIN DAMAGES, AND/OR DISCLAIMER OF WARRANTIES SHALL NOT APPLY.
INDEPENDENCE OF SERVICE PROVIDERS/DISCLAIMER OF SERVICE-PROVIDER WARRANTIES. The third parties, including without limitation Service Providers, listed by Maryland Bid Board, or that otherwise offer, provide, or advertise their services through the Platform, are not employees, agents, subsidiaries, joint venturers or affiliates of Built Commercial LLC. Built Commercial LLC does not control their actions, representations, or services. Built Commercial LLC does not recommend any one Service Provider over any other Service Provider. Any guarantees, warranties and representations made by Service Providers do not constitute the guarantees, warranties, or representations of Built Commercial LLC. Built Commercial LLC is not responsible for the accuracy of information provided by any Service Provider. Built Commercial LLC does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any Service Provider. BUILT COMMERCIAL LLC HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED BY OR POSTED BY THIRD PARTIES WITHIN THE PLATFORM OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY SERVICE PROVIDERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL NOT BE ENFORCED AGAINST BUILT COMMERCIAL LLC. If you enter into a contract with a Service Provider or Supplier, your rights are governed by the contract and by applicable law. If a Service Provider or Supplier enters into a contract with you or with any other User of this Platform, its rights are governed by the contract and by applicable law. In either case, Built Commercial LLC is not a proper party to any dispute that may arise between Service Providers, Suppliers and/or Platform Users.
DISCLAIMER AS TO ACCURACY/RELIANCE ON INFORMATION. Although Built Commercial LLC through the Maryland Bid Board attempts to ensure the integrity and accurateness of the Platform, Built Commercial LLC makes no claims, representations, or warranties as to the accuracy, reliability, or suitability of the information contained within the Platform, including, but not limited to, the information contained in any text, documents, graphics, and other elements. The information provided within the Platform may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error, and should not be relied on except as a starting point for research or investigation. You agree not to rely on any information provided within the Platform as a basis for decision until you have independently researched, verified, and confirmed the same. Built Commercial LLC may allow third parties to post information on the Platform. Built Commercial LLC does not investigate the accuracy of such information, and you should independently check and verify any information presented. ALL INFORMATION IS PROVIDED AS IS, WITHOUT A WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND INFORMATION THEREIN IS AT YOUR SOLE RISK.
THIRD PARTY CONTENT/LINKS/STATEMENTS OF OPINION. This Platform may contain links from and to other websites that are not controlled by Built Commercial LLC. Built Commercial LLC is not responsible for terms of service, or any other governing terms or conditions, of other websites. Certain materials on this Platform may be furnished by third parties, including advertisements and other information, logos, and trademarks, and should not be used or reproduced without the express consent of their respective owners. Service Providers and other third parties may be granted limited and nonexclusive permission to create a hyperlink to the home page of Built Commercial LLC. No link may portray Built Commercial LLL / Maryland Bid Board in a false light or defame or disparage the services offered by Built Commercial LLC or any Service Provider listed through Maryland Bid Board. Built Commercial LLC is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within the Platform, on any websites owned or controlled by third parties, or in any other location. Such representations constitute the opinions of those who posted the same, are not endorsed by Built Commercial LLC, and do not reflect the opinions of Built Commercial LLC or its officers, directors, agents, or employees. Built Commercial LLC does not regularly review posted content and has no obligation to conduct such reviews or to regularly remove content that does not meet the criteria set forth within these Terms of Service. Built Commercial LLC nevertheless reserves the right to remove, without notice, any content, posted within the Platform that Built Commercial LLC, in its sole discretion, deems as disparaging, offensive, disruptive, or potentially defamatory. To the extent the Platform incorporates products or services of a third party or uses a third party to host or provide services in connection with the Platform (“Third Party Services”), you acknowledge and agree that Built Commercial LLC has no control over such Third Party Services and that Built Commercial LLC makes no representations or warranties with respect to the Third Party Services and disclaims all liability for such Third Party Services providers’ acts or omissions.
NO CONFIDENTIALITY OR USE LIMITATIONS FOR SUBMITTED INFORMATION. You acknowledge and agree that any communication or material you transmit to or through the Platform, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to the Platform may be used by Built Commercial LLC for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if Built Commercial LLC decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
FALSE SERVICE REQUESTS/REMEDIES. Should you make a service request using a false identity, you agree that such action constitutes a material breach of this Agreement. You further agree that damages under such circumstances, in the form of lost profits, lost opportunity, consequential damages, damage to reputation, and disruption of services, would be difficult to measure. Therefore, any person or entity making service requests or other applications and inquiries using a false identity, agrees to pay damages in the amount of $15,000.00, per incident, to both Built Commercial LLC and each Service Provider or other third party to whom such request was made. This amount does not constitute a penalty, but is a valid attempt to quantify damages that may result from such incidents. In addition, the person or entity making such false request or request under a false identity agrees to pay all reasonable attorneys’ fees, investigative costs, and other costs and expenses incurred by Built Commercial LLC, including attorneys’ fees, costs, and expenses incurred on appeal, and in determining the amount of reasonable attorneys’ fees, costs, and expenses. This provision shall not limit Built Commercial’s right to pursue other remedies and damages for related and unrelated tortious acts. Further, should a single person or entity make three (3) or more such false requests, such activities shall be deemed to constitute a pattern of false requests under this Agreement. Under such circumstances, Built Commercial LLC shall have the right, at its sole discretion, to waive the liquidated damages provision stated herein, and pursue additional damages, including, but not limited to punitive damages.
DISPUTE RESOLUTION WITH SERVICE PROVIDERS OR SUPPLIERS. You agree and acknowledge that Built Commercial LLC has no obligation to address, acknowledge, review, take up, or respond to complaints or disputes with respect to the representations, actions, or services of a Service Provider or Supplier. Any inquiries or complaints should be directed to the Service Provider or Supplier. At its sole discretion, Built Commercial LLC may offer gratuitous, informal, limited assistance to Users who contacted a Service Provider through the Platform and who are dissatisfied with the services provided. Such inquiries should be directed to Maryland Bid Board’s Customer Support. Any User seeking such assistance agrees to have made a good-faith effort to resolve the dispute with the Service Provider before contacting Maryland Bid Board, and further agrees to cooperate, to act in good faith, and to deal fairly in its contacts with Maryland Bid Board. The User seeking such services specifically acknowledges that Built Commercial LLC is not acting as an attorney, mediator, arbitrator, or in any other formal capacity. You agree that any assistance provided by Maryland Bid Board, pursuant to this section is given free of charge and consideration, shall not subject Built Commercial LLC to any liability whatsoever, and shall not create any new duties or obligations for Maryland Bid Board. Built Commercial LLC reserves the right to terminate such assistance at any time, at its sole discretion, with or without cause.
GENERAL PROVISIONS. The following general conditions apply to this Agreement, and shall be deemed part of the Terms of Service stated herein:
AT WILL AGREEMENT. YOU AGREE THAT A SUBCRIPTION TO MARYLAND BID BOARD and/or ANY OTHER AGREEMENTS WITH BUILT COMMERCIAL, LLC OR ITS AFFILIATES ARE FULLY AT WILL. YOU FURTHER AGREE THAT YOU HAVE NOT BEEN COERCED, CONVINCED, BRIBED OR IN ANY OTHER WAY PERSUADED TO USE SERVICES OFFERED BY BUILT COMMERCIAL LLC.
ENFORCEMENT/BINDING EFFECT. You acknowledge and agree that this Agreement constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable and legal jurisdiction.
DISPUTE RESOLUTION. You and Built Commercial LLC agree that any dispute that arises under this Agreement, or that is in any way related to this Agreement or to the Platform, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. Built Commercial LLC may seek injunctive or other appropriate relief. The party determined to be in violation of this Agreement shall be responsible for all reasonable attorneys’ fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, and the like, including attorneys’ fees incurred in establishing the amount of attorneys’ fees to be awarded.
ENTIRE AGREEMENT/MERGER. This Agreement contains the entire agreement between the parties as to the subject matter hereof. You acknowledge and agree that no representations, promises, or agreements, other than those made herein, have been made by any of the parties hereto in connection with this Agreement. All prior representations are merged into this Agreement.
CONSTRUCTION/SEVERABILITY. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms of Service and the overall Agreement.
VENUE AND JURISDICTION. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Maryland or to any Federal Court located within the State of Maryland for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should the section entitled “Dispute Resolution” be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Palm Beach, Florida.
WAIVER. The failure of Built Commercial LLC to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
NO AGENCY. You are not an agent of Built Commercial LLC for any purpose whatsoever; neither is Built Commercial your agent for any purpose whatsoever.
SUCCESSORS AND ASSIGNS. This Agreement and the Terms of Service and the rights and obligations hereunder shall bind and inure to the benefit of Built Commercial LLC, its successors and assigns, and licensees.
COMMENTS, REQUESTS, AND QUESTIONS. Please send any comments, requests, or questions to
email: admin@mdbidboard.com