BuildNM™ | Terms of Use

BUILDCO ENTERPRISES, LLC

Buildco Enterprises, LLC (“BUILDCO”) offers a variety of services to those who are building contractors seeking to employ workers (“Employers”) and those who are seeking employment in the building professions (“Job Seekers”), all centered on Buildco’s proprietary software/database platform Build™. Both Employers and Job Seekers (collectively referred to herein as “Participants”) who elect to establish an individual profile and/or execute an Agreement that describes the services provided by BUILDCO will be subject to the terms set forth herein that govern their relationships with BUILDCO and their access to and use of Build™. These Terms of Use are incorporated in and part of any Agreement by which participation in and access to Build™ is provided.

1. Provision of Services. BUILDCO will provide services as described in the Subscription and/or Agreement of which these Terms of Use are an integral part. It shall provide such other services as are agreed upon by the parties in writing, subject to electronic profile submission and/or written arrangements governing compensation for such other services. BUILDCO will provide services in a commercially reasonable manner consistent with industry standards.

2. Confidentiality. Participants in Build™, inclusive of their respective directors, officers, employees, and representatives, will maintain in confidence all confidential information provided by BUILDCO in connection with their access to and use of Build™; and BUILDCO will maintain in confidence all personal information provided by Participants, as described in its Privacy Policy set forth below, subject to BUILDCO’s licensed right to use Participants’ data as set forth below. Confidential information, for these purposes, includes but is not limited to any proprietary systems, software, data or data compilations, or other business information developed or compiled by BUILDCO that is not generally known to the public, was not known by the receiving party at the time that information was provided hereunder, or has not been independently developed or created by the receiving party. Participants’ obligation to maintain confidentiality hereunder shall not apply to the extent that such information is required to be disclosed pursuant to the order of any governmental authority, provided that the party being ordered to disclose confidential information will notify BUILDCO promptly after being given notice that a request for such information may be lawfully compelled in sufficient time to allow BUILDCO to intervene and object to the disclosure.

3. Intellectual Property Rights. BUILDCO is and shall remain the owner of all intellectual property rights, including but not limited to patent, copyright, trademark and trade secret rights and the like in Build™ or in any method it employs in connection with the provision of services hereunder. Notwithstanding BUILDCO's ownership interest in its intellectual property, Participants shall have the right to use the content of any report or other deliverable created by BUILDCO in connection with its provision of Build™, for the purpose for which it is intended, pursuant to a license hereby granted by BUILDCO under the terms of the Participants’ Agreement with BUILDCO.

4. Data Use. Participants retain ownership of all personal or commercial information and content submitted by them, subject to these Terms of Use. Job Seekers grant BUILDCO a perpetual, worldwide, non-exclusive, royalty-free license to host, store, reproduce, analyze, modify, display, distribute, and otherwise use such information as reasonably necessary to operate, improve, market, secure, and provide the Build™ platform and related services.

BUILDCO may create aggregated, anonymized, and de-identified data derived from Subscriber information. Such aggregated and de-identified data shall be exclusively owned by BUILDCO and may be used for any lawful business purpose.

5. Privacy Policy. Other then as is permitted and required to enable the provision of Job Seekers’ personally identifiable information (to include but not limited to; name, address, telephone number, email address, employment history, certifications, licenses, and other information voluntarily submitted by the Job Seeker) to prospective Employers through its Build™ platform, and consistent with all applicable laws, BUILDCO will not provide such personal information to others unless with the specific written consent of the affected Job Seekers. No system intended to protect personal information can be guaranteed completely secure, and BUILDCO disclaims any guarantee against unauthorized access, cybersecurity incidents, hacking, data breaches or the like by any third-party over whom it does not exercise control.

6. Relationship of the Parties. Participants and BUILDCO shall be independent contractors for all purposes in connection with services provided by BUILDCO. Under no circumstance shall the parties be considered to be partners or joint venturers.

7. General Use Rules

A. BUILDCO may adopt General Use Rules governing the use of its Build™ platform, so long as such rules are consistent with the intended purpose of the Build™ platform.

B. Each Participant represents and warrants that:

All information submitted to BUILDCO is true, accurate, current, and complete;
Participant possesses all rights necessary to submit any information, documents, certifications, licenses, resumes, photographs, or other content uploaded to the Build™ platform;
Participant will maintain and promptly update information to ensure its accuracy;
Participant will not submit any false, misleading, fraudulent, defamatory, discriminatory, unlawful, or infringing content;
Participant will comply with all applicable federal, state, and local laws in connection with its use of the Build™ platform.
Participant acknowledges that BUILDCO does not independently verify the accuracy of information submitted by other Participants and may rely upon information provided by Participants.

C. Participants shall not:

Use the platform for any unlawful purpose;
Misrepresent their identity, qualifications, certifications, licenses, employment history, or business status;
Harvest, scrape, download, copy, reproduce, sell, or distribute, information obtained through the platform;
Reverse engineer, decompile, disassemble, copy, replicate, create derivative works, or use automated tools to extract data, from any portion of the Build™ platform.
Circumvent any security measures or access controls of the Build™ platform;
Upload malicious code, viruses, ransomware, spyware, or other harmful materials to the Build™ platform;
Interfere with the operation of the platform;
Solicit users for purposes unrelated to lawful employment or recruiting activities;
Use the platform in a manner that may expose BUILDCO to legal liability.
BUILDCO reserves the right to immediately suspend or terminate access for violations of these Terms of Use.

8. Electronic Communications Consent. By registering for or using Build™, Participants consent to receive communications electronically, including notices, disclosures, invoices, service announcements, account updates, and legal notices. Electronic communications shall satisfy any legal requirement that such communications be in writing.

9. User Content. Participants represent and warrant that they possess all rights necessary to upload and distribute any content submitted to or through Build™.

BUILDCO reserves the right, but has no obligation, to review, monitor, edit, refuse, or remove any content for any reason, including content that BUILDCO determines may violate these Terms of Use, applicable law, or the rights of any third party.

10. Account Security. Participants are solely responsible for maintaining the confidentiality of account credentials and for all activity occurring under their account.

Participants shall immediately notify BUILDCO of any unauthorized use of their account.

BUILDCO shall not be liable for losses resulting from unauthorized account access caused by Subscriber negligence.

11. Fees and Refunds. All subscription fees, advertising fees, posting fees, and other charges are non-refundable unless otherwise expressly stated in writing by BUILDCO. BUILDCO reserves the right to change pricing upon reasonable notice.

12. Modifications of Terms of Use. BUILDCO reserves the right to modify these Terms of Use so long as such modifications are consistent with the provision of services and the use of Build™ that are the purpose of the Employers and Job Seekers who participate in Build™, so long as no additional costs are imposed on Job Seekers, and no infringement of the Privacy Rights of Participants result.

13. Dispute Resolution. Any dispute arising out of or relating to these Terms of Use or the Build™ platform shall be resolved exclusively through binding arbitration administered by and in accordance with the Rules of the American Arbitration Association in Bernalillo County, New Mexico.

The parties agree that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions herein.

The parties waive any right to trial by jury.

14. Release of Claims. Participants release BUILDCO from any and all claims, demands, liabilities, losses, damages, and disputes arising out of or relating to interactions, communications, employment relationships, or transactions between Participants.

Reservation of Rights. BUILDCO expressly reserves all rights not expressly granted under these Terms of Use. No license or right shall be implied.

15. Injunctive relief. Participants acknowledge that unauthorized use of Build™, misuse of confidential information, or infringement of BUILDCO's intellectual property may cause irreparable harm for which monetary damages would be inadequate. BUILDCO shall be entitled to seek injunctive relief, temporary restraining orders, and other equitable remedies in Courts in Bernalillo County, New Mexico notwithstanding the agreement to arbitrate, without the necessity of posting bond.

16. Class Action Waiver. Participants agree that any claim against BUILDCO in connection with or related to any Participation Agreement they enter shall be brought solely in their individual capacity and not as a plaintiff or class representative or member in any purported class, collective, representative, or consolidated action.

17. Assignment. Participants may not assign or transfer their rights or obligations under these Terms of Use without BUILDCO's prior written consent, which BUILDCO may grant or deny in its sole discretion. BUILDCO may assign its rights and obligations without restriction.

18. Time Limitation on Claims. Any claim arising out of or relating to the Build™ platform or these Terms of Use must be commenced within one (1) year after the claim arises, or such claim shall be permanently barred.

19. Survival Clause. All provisions regarding: Confidentiality, Intellectual Property, Data Use, Arbitration, Class Action Waiver, Limitation of Liability, Indemnification and Governing Law shall survive termination of any Participant’s Participation Agreement.

20. Termination. BUILDCO may suspend, restrict, or terminate any Participant's access to the Build™ platform immediately, with or without notice, for any violation of these Terms of Use, suspected fraudulent activity, legal compliance requirements, security concerns, business reasons, or conduct that BUILDCO reasonably believes may harm BUILDCO, other Participants, or the operation of the platform.

Termination shall not limit any other remedies available to BUILDCO.

21. No Warranties.

A. BUILDCO is providing access to its Build™ platform on an as is basis, and disclaims all warranties of any kind, express or implied, with respect to the operation of the platform or any information provided by any party that has access to its platform, whether pursuant to any kind of license or agreement, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or the reliability of the platform. Without limitations on the foregoing, BUILDCO does not warrant that its platform will be error-free, or that information provided by any party using its platform will itself be error-free or free of any virus or corruption that could cause harm to the equipment or system used by any party that accesses its Build™ platform.

B. BUILDCO provides no guarantee of employment with or quality of employment provided to a Job Seeker utilizing the Build™ platform . Any decision to employ a Job Seeker that has been chosen by an Employer for consideration is an independent decision between the Job Seeker and Employer only. BUILDCO is simply providing a platform to connect potential subscribing Employers with Job Seeker that have established a profile within the BUILDCO platform. BUILDCO provides no guarantees of (or lack thereof) any connection with, or to, any individual trade association or labor organization involvement by any Job Seeker or Employer participating in the platform. Every Employer must independently assess, for its own employment, each candidate through their own hiring processes and efforts. BUILDCO assumes no responsibility in the hiring decision by an Employer or a decision to accept employment by a Job Seeker through its platform and related processes

C. BUILDCO does not verify contractor licenses, trade certifications, OSHA training credentials, prevailing wage compliance, apprenticeship status, immigration eligibility, union affiliation, workers' compensation coverage, bonding capacity, safety records, or any other professional qualifications unless expressly stated in writing.

22. Background, Certification, Credential and licensing Verification. BUILDCO does not conduct criminal background checks, motor vehicle record checks, drug screening, employment verification, education verification, reference checks, credit checks, or professional licensing verification unless expressly stated in writing (Including but not limited to, Journeyman certifications, Apprentice registrations, Trade licenses, CDL licenses, MSHA certifications, NCCER credentials, Union status, Security clearances). Employers are solely responsible for conducting any screening or verification they deem appropriate.

A. BUILDCO does not:

Verify the identity of Job Seekers or Employers;
Verify employment history, references, licenses, certifications, or qualifications;
Conduct background investigations unless expressly stated in writing;
Guarantee the legality of any employment relationship;
Guarantee the quality, safety, compensation, duration, or suitability of any employment opportunity; and
Verify prevailing wage classifications, Davis-Bacon compliance, apprenticeship ratios, certified payroll compliance, or labor compliance requirements applicable to public works projects. This remains the full responsibility of the Employer.

23. Platform Access. BUILDCO does not guarantee uninterrupted access to the Build™ platform and reserves the right to modify, suspend, or discontinue any feature, functionality, or service at any time without liability, so long as it does not materially and adversely affect the purpose for which the Build™ platform is intended.

24. Employment Relationship Disclaimer. BUILDCO is not an employer, staffing agency, recruiter of record, professional employer organization, labor organization, labor union, employment agency, or agent of any Subscriber.

25. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST PROFIT DAMAGES ARISING FROM OR RELATED TO THE USE OF THE BUILD™ PLATFORM. IN NO EVENT SHALL BUILDCO'S TOTAL AGGREGATE LIABILITY ARISING FROM ANY CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE GREATER OF:

A. THE FEES PAID BY THE CLAIMING SUBSCRIBER TO BUILDCO DURING THE TWELVE (12) MONTHS PRECEDING THE ACTION OR EVENT GIVING RISE TO THE CLAIM; OR

B. $500.

26. Force Majeure. BUILDCO shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet outages, utility failures, cyberattacks, or failures of third-party service providers.

27. Indemnification. Participants shall defend, indemnify, and hold harmless BUILDCO, its affiliates, owners, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

A. Participant’s use of the Build™ platform;

B. Participant’s violation of these Terms of Use;

C. Participant’s violation of any law or regulation;

D. Any employment decision made by a Participant;

E. Any content submitted by a Participant;

F. Any dispute between Participant in which BUILDCO is required to participate.

28. Entire Agreement. These Terms of Use, along with any Participation Agreement, constitute the entire agreement between BUILDCO and Participant and supersede all prior communications and understandings, oral or written.

29. Segregation. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

30. Governing Law. Any Participation Agreement shall be governed and construed in accordance with the laws of the State of New Mexico and any action brought by any party to enforce or challenge the provisions of the Subscription Agreement shall be brought exclusively in state or federal courts located in Bernalillo County, New Mexico. Participants acknowledge and consent to the exercise of jurisdiction over him, her or it by such courts.