TERMS OF USE
Effective: February 17, 2009

http://www.cencalbx.com
http://www.fresnobuildersexchange.com

These Terms of Use (“Terms”) govern your access to this website (the “Site”), and all services provided in connection with the Site (the “Service”). These Terms may be amended from time to time by the Central California Builders Exchange (“CCBE”) in its sole discretion. CCBE will post a notice on the Site any time these Terms are changed or updated. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site and Service.

By accessing the Site and Service, you acknowledge that you have read these Terms, and agree to abide by them. YOU ALSO represent that you are at least 18 years old, and that you are legally able to enter into this Agreement.

1. Permitted Use of Site and Service
   
   Except as otherwise provided on this Site, or in these Terms, you may view, download and print the information and documents (“Content”) stored on this Site. Your use of the Site and Service are permitted pursuant a personal, revocable, nontransferable and nonsublicensable license, not a transfer of title. Nothing contained on the Site, or in these Terms, grants you a license to use any trademark, service mark or logo owned by CCBE or any third party.
   
   
2. User Content
   

   By posting, uploading, displaying, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you warrant and represent that you either own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.

   You also grant CCBE, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with CCBE’s operation of its business, including, but not limited to, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree that CCBE may publish or otherwise disclose your name in connection with your User Content.

3. Compliance with Intellectual Property Laws
   
   Your use of the Site and Service is subject to laws regarding intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content or User Content in violation of any third party’s copyrights, trademarks, trade secrets or other intellectual property or proprietary rights.

   You shall be solely responsible for any infringement of third party rights arising from your use of the Site or Service, or from any User Content provided or transmitted using your user account. You shall bear all burden of demonstrating that any User Content provided by you does not violate any laws or third party rights.

4. Inappropriate Content
   

   You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content or User Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening; or that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. CCBE reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers.

5. Violation of Security Features
   

   You are prohibited from violating, or attempting to violate, any security features of the Site or Service, including, without limitation:

   1. Accessing content or data not intended for you;
      
      
   2. Logging onto a server or account that you are not authorized to access;
      
      
   3. Allowing any other person or entity to access your account;
      
      
   4. Attempting to probe, scan, or test the vulnerability of the Site, Service, or any associated system or network, or to breach security or authentication measures;
      
      
   5. Interfering, or attempting to interfere with, service to any user, host, or network, by any means, including, but not limited to, submitting a virus to the Site or Service, overloading the servers of the Site, “flooding,” “spamming,” “mail bombing,” or “crashing”;
      
      
   6. Using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
      
      
   7. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
      
      
   8. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any source code used by CCBE in providing the Site or Service.
      
      
6. Termination Access
   
   CCBE may, at its sole and unfettered discretion, limit or terminate your access to the Site and/or Service, without any notice or warning to you, for any reason, including, but not limited to, the following: (a) violating any of these Terms; (b) furnishing CCBE with false or misleading information; or (c) interfering with any other person or entity’s use of the Site or Service. You agree that CCBE shall not be liable to you, or any third party, for termination of your access.
   
   
7. Copyright Infringement
   

   CCBE shall investigate all allegations of intellectual property infringement brought to its attention. If you believe that any Content or User Content on the Site or Service violates your intellectual property rights, please provide CCBE with all of the following information in writing:

   1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      
      
   2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
      
      
   3. The location of the material that you claim is infringing;
      
      
   4. Your address, telephone number, and email address;
      
      
   5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      
      
   6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act his, her or its behalf.

      For this notification to be effective, you must provide it to CCBE’s designated agent at:

                  Roxanne Greenwood, Executive Director
                  Central California Builders Exchange
                  1244 North Mariposa Street
                  Fresno, California 93703-3989
                  Tel: (559) 237-1831

                  Fax: (559) 264-2532
      
      
8. Privacy Policy
   

   CCBE respects your privacy and permits you to control the treatment of your personal information. A complete statement of CCBE’s current privacy policy can be found in its Website Privacy Policy.

9. Updating User Profiles
   

   When you create an account to access the Site or Service, you will be asked to provide, among other things, your name, company name, address, telephone number and e-mail address, and to select a password. You must provide complete and accurate information during the account creation process. You are solely responsible for maintaining the accuracy of that information, as well as the confidentiality of your password.

   You may not use an account, user name, or password belonging to anyone else, and may not share your account with any other person or entity. You agree to notify CCBE immediately upon any unauthorized use of your account, user name, or password. You may be held liable for any losses incurred by CCBE, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password. CCBE shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

10. Software
    
    CCBE allows its members to download certain software (e.g., Zinio Reader) from the Site. This software is developed and maintained by third parties, and is not supported in any manner by CCBE. Your use of the software must comply with any End User License Agreement, or other use agreement, distributed with the software. CCBE provides the software as is, without warranty of any kind. You assume the risk of any and all damage or loss of use of, or inability to use, the software. To the maximum extent permitted by law, CCBE expressly disclaims any and all warranties, express or implied, regarding the software, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, noninfringement, ACCURACY AND RELIABILITY. CCBE does not warrant that the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free.
    
    
11. WARRANTIES;DISCLAIMER OF WARRANTIES
    

    CCBE makes the Site available as is, without warranty of any kind. You assume the risk of any and all damage or loss of use of, or inability to use, the Site or Service. To the maximum extent permitted by law, CCBE expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, noninfringement, ACCURACY AND RELIABILITY. CCBE does not warrant that the Site or the Service will meet your requirements, or that the operation of the Site or the Service will be uninterrupted or error-free.
    

12. LIMITATION OF LIABILITY
    
    To the maximum extent permitted by law, CCBE shall not be liable for damages of any kind arising out of, or in connection with, your use of the Site or any other materials or services provided to you by CCBE, including, but not limited to, DIRECT, INDIRECT, special, INCIDENTAL or consequential damages, lost profits or lost data, regardless of the foreseeability of those damages, EVEN IF CCBE has been advised of the possibility thereof. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
    
    
13. No Legal Advice Provided
    
    CCBE is not licensed to practice law in the State of California, or in any other jurisdiction. The Content and User Content of the Site and Service are not intended to comprise legal advice. Please consult an attorney of your own selection if you have any questions or concerns regarding any law, ordinance or regulation.
    
    
14. Indemnity
    
    You agree to defend, indemnify and hold CCBE, its affiliates, officers, directors, employees, consultants, agents, and representatives harmless from all third party claims, losses, liabilities, damages, and costs (including reasonable attorneys’ fees and court costs) related in any way to your use of the Site, violation of these Terms, or infringement of any intellectual property or other right of any person or entity, whether caused by you or any person or entity using your account. CCBE will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    
    
15. Affiliate Sites
    

    CCBE works with a number of partners and affiliates whose Internet sites may be linked with this Site. CCBE has no control over, and no liability for, any third party website or material, and makes no guarantee about the accuracy, timeliness, content, or quality of the information provided by such sites. CCBE assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, you may have access to content items (including, but not limited to, forms and summaries) that are prepared and/or owned by third parties. You acknowledge and agree that CCBE makes no guarantees about, and assumes no responsibility for, the accuracy, TIMELINESS, content, or quality of this third party content, and that, unless expressly provided otherwise by ccbx, these Terms (including, but not limited to, the warranties, limitation of liability and indemnity provisions) shall govern your use of all third party content accessible from this site.
    

16. Modifications
    

    CCBE may, at any time, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify the Site or Service; or (c) discontinue the Site or Service. CCBE shall post any revision to these Terms upon the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms and other online policies posted upon the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

17. Severability
    

    If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

18. Waiver
    

    No waiver of any breach of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of CCBE.

19. California Use Only
    
    The Site is controlled and operated by CCBE from its offices in the State of California. CCBE makes no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of, or access to, the Site should not be construed as CCBE’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
    
    
20. Governing Law

These Terms of Use shall be construed in accordance with, and governed by, the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. By using this Site and Service, you irrevocably consent to the exclusive jurisdiction of the state or federal courts situated in Fresno, California, as to all disputes arising out of, or related in any way to, the use of the Site or Service.