Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of buildclub.com and any subdomain operated by BuildClub, Inc. (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms cover use of the Site itself. Any engagement of BuildClub for consulting, software, or other professional services is governed by a separate written master services agreement and statement of work between you (or your employer) and BuildClub, not by these Terms.

You agree to use the Site lawfully and in good faith. Without limiting that obligation, you agree not to:

• Use any automated system, bot, or AI agent to crawl, harvest, or extract content from the Site, except for well-behaved search-engine indexing in line with our robots.txt.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of any non-public code, design, or system underlying the Site.
• Submit automated, fake, or spam inquiries through the contact form, or use the contact form for unsolicited commercial outreach to BuildClub.
• Probe, scan, or test the vulnerability of the Site or any related infrastructure without our prior written permission.
• Interfere with the operation of the Site, including by distributing malware, attempting denial-of-service, or circumventing rate limits.
• Use the Site or its content in any way that infringes the intellectual property, privacy, or other rights of BuildClub or any third party.

We may investigate and take action against suspected violations, including suspending access and pursuing legal remedies.

The Site is a marketing and information resource. It describes how BuildClub works, the kinds of engagements we run, and the outcomes we have helped clients reach. It is not itself an offer of services, a quotation, or a binding commitment. Engagement of BuildClub for any work requires a separate, signed master services agreement and statement of work.

Case studies, testimonials, and performance figures shown on the Site are illustrative. Some case studies are anonymized composites or have details changed to protect client confidentiality. Past results do not guarantee future outcomes for any other client or engagement.

The Site is provided “as is” and “as available.” To the maximum extent permitted by law, BuildClub disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted operation. We do not warrant that the Site will be error-free or that defects will be corrected.

You agree to defend, indemnify, and hold harmless BuildClub and its officers, directors, employees, and affiliates from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of these Terms, (b) your misuse of the Site, or (c) your violation of any law or of the rights of any third party in connection with your use of the Site.

We will give you prompt notice of any claim subject to this section and reasonable cooperation in the defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate with us at our expense.

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or pose a risk to BuildClub, our clients, or other users. We may also discontinue all or part of the Site at any time.

Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — will survive.

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to participate in a class action.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, in the English language, with the seat in Miami-Dade County, Florida.

Each party will bear its own costs and attorneys’ fees except as the arbitrator may otherwise award. The arbitrator may award any relief that a court of competent jurisdiction could award, except as limited by these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes must be brought on an individual basis only. You and BuildClub each waive any right to bring or participate in a class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Carve-out for intellectual property and injunctive relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Miami-Dade County, Florida to prevent or stop infringement or misappropriation of intellectual property rights or other conduct that would cause irreparable harm. Pursuing such relief will not waive the right to arbitrate other Disputes.

If for any reason a Dispute is not subject to arbitration, you and BuildClub agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida and waive any objection to venue in those courts.

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of the right to enforce it later.

These Terms, together with our Privacy Policy and any other policies we link to from the Site, constitute the entire agreement between you and BuildClub regarding your use of the Site, and supersede any prior agreements relating to that subject matter. They do not modify or supersede any signed master services agreement or statement of work between you (or your employer) and BuildClub, which control over these Terms to the extent of any conflict regarding the engagement.