Acceptance of the Terms of Use These terms of use are entered into be and between You and Precision Build Companies, LLC, its affiliates, subsidiaries and related entities (collectively “Precision Build,” “Company,” “we,” “us,” and “our”)”. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this Website and all websites where these Terms of Use are posted, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use our Websites. By using our Websites, you accept and agree to be bound and abide by these Terms of Use and the Precision Build Websites Privacy Policy, found at www.precisionbuild.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Websites.
These Websites is offered and available to users who are 16 years of age or older and by using our Websites, you represent and warrant that you meet this eligibility requirement. If you are not at least 16 years of age or older, you must not access or use our Websites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on our Websites.
Your continued use of our Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Websites so you are aware of any changes, as they are binding on you.
Accessing our Websites and Account Security We reserve the right to withdraw or amend our Websites, and any service or material we provide on our Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, or the entirety of our Websites, to users, including registered users.
You are responsible for:
Intellectual Property Rights
Our Website 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 Precision Build, 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.
These Terms of Use permit you to use our Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:
You must not:
You must not access or use for any commercial purposes any part of our Websites or any services or materials available through our Websites.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Websites in breach of the Terms of Use, your right to use our Websites will cease 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 our Websites or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by Precision Build. Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The name Precision Build, Precision Build’s trademarks, the Precision Build logo and all related names, logos, product and service names, designs and slogans, including but not limited to Precision Build are trademarks of Precision Build or its affiliates or licensors. You must not use such marks without the prior written permission of Precision Build. All other names, logos, product and service names, designs and slogans on our Websites are the trademarks of their respective owners.
Prohibited Uses
You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites
Additionally, you agree not to:
Reliance on Information Posted
The information presented on or through our Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Websites, or by anyone who may be informed of any of its contents.
Our Websites may include content provided by third parties, including but not limited to materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Precision Build, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Precision Build. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to our Websites
We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Websites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to our Websites
All information we collect on our Websites is subject to our Privacy Policy. By using our Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to our Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Websites may provide certain social media features that enable you to:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Websites
If our Websites 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 our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of our Websites are based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that our Websites or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites 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. 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 OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT
YOUR USE OF OUR WEBSITEs, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRECISION BUILD NOR ANY PERSON ASSOCIATED WITH PRECISION BUILD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER PRECISION BUILD NOR ANYONE ASSOCIATED WITH PRECISION BUILD REPRESENTS OR WARRANTS THAT OUR WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES 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 OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PRECISION BUILD 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL PRECISION BUILD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS 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, OUR WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR SUCH OTHER WEBSITES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Precision Build, its affiliates, licensors and service providers, and its and their respective officers, directors, 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 Use or your use of our Websites, including, but not limited to, any use of our Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Websites.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Precision Build’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or our Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Precision Build of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Precision Build to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Precision Build Companies, LLC with respect to our Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.
Your Comments and Concerns
Our websites are operated by Precision Build Companies, LLC, 12781 US Highway 41 South, Gibsonton, Florida 33534