BuildEffective.com User Agreement
Last Updated: _______, 2010
This User Agreement ("Agreement") is a legal agreement between you and GreenGo Systems Inc. ("BuildEffective" or "us") governing your participation on the BuildEffective website (“BuildEffective.com” or the “Site”). By using, accessing or registering as a member of BuildEffective.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use BuildEffective.com.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on BuildEffective.com, which take effect when we post them. By continuing to access or use BuildEffective.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
TO USE THIS SITE, YOU MUST BE AT LEAST 18 YEARS OLD.
BuildEffective grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
All services provided by BuildEffective on the site are collectively referred to as "Services." As a condition of your use of this Site, you represent and warrant to BuildEffective that you will not use this Site or the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. Other than this agreement and agreements between you and BuildEffective relating to the sale of products or Services to you through this Site, BuildEffective will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
You may not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the Site, or remove or obscure the copyright notice or other notices displayed on the Site. Except as provided above, you may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of BuildEffective or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided by BuildEffective for use in accessing the Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of BuildEffective's content or any third party's content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Site via email through our Services to the extent that we offer such a capability, you agree that you will only forward such content to willing recipients known to you and that you will not use the Services for engaging in spam or other unauthorized conduct.
No Automated Querying.
You may not send automated queries of any sort to the Site without express permission in advance from BuildEffective. Note that "sending automated queries" includes, among other things:
using any software that sends queries to the Site to determine how a website or webpage "ranks" for various queries;
performing "offline" searches on any BuildEffective web site.
You agree not to use the Site to:
Harm or threaten to harm BuildEffective or users in any way, including by using information you find here to compete against BuildEffective;
Impersonate any person or entity (including BuildEffective or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other rights.
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
Provide fraudulent, inaccurate, or incomplete information to BuildEffective, including in applications for employment;
Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post or cause to be uploaded to BuildEffective's computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Third Party Services.
As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be deemed - a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
BuildEffective.com provides a number of different services to assist you in comparing products. BuildEffective.com provides information regarding products, services and third-party merchants, and links to third-party merchants that are selling listed products. The manufacturer and product information and specifications that we provide are for your information only. Always verify the model and product information when requesting information; if more than one model number appears, it means that those models have the same dimensions and functional specifications, except as noted. Letters in model numbers do not necessarily define product color. Drawings and diagrams may not be to scale, so you should not rely on them. Some of the products listed may no longer be available. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. Always verify national and local codes. All specific questions about products and availability should be addressed to the manufacturer of the particular product.
The products listed on BuildEffective.com are sold by third-party merchants, not by BuildEffective.com. You acknowledge that BuildEffective.com does not sell, resell or license any products listed on BuildEffective.com, nor is BuildEffective.com acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using BuildEffective.com.
You acknowledge that BuildEffective.com disclaims any responsibility for or liability related to such products (see Disclaimer of Warranties below). ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller. BuildEffective.com does not warrant that product descriptions, pricing, editorial commentary or any other content on BuildEffective.com, regardless of its source, is accurate, complete, reliable or current. BuildEffective.com content is provided for informational purposes only and does not constitute an endorsement by BuildEffective.com of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). BuildEffective.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on BuildEffective.com.
BuildEffective.com provides a number of different services to assist you in comparing service professionals. BuildEffective.com provides information regarding services and third-party service professionals, and links to third-party service professionals that are offering services described on the Site. The services listed on BuildEffective.com are offered and provided by third-party service professionals, not by BuildEffective.com. We make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. BuildEffective does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of BuildEffective, nor is BuildEffective an agent of the service professionals. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE BuildEffective (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
You may download, view and print copies of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to BuildEffective.com and any content appearing on BuildEffective.com will remain the exclusive property of BuildEffective.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use BuildEffective.com or any other content appearing on BuildEffective.com. You may not copy or modify the HTML code used to generate web pages on BuildEffective.com. You may not use BuildEffective.com, or any other content appearing on BuildEffective.com, on or in connection with any other website for any purpose.
By contributing or submitting any content to BuildEffective.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant BuildEffective.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of BuildEffective.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. BuildEffective.com reserves the right to change or delete any content on BuildEffective.com that BuildEffective.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics or other materials you publish on BuildEffective.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from BuildEffective.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to BuildEffective.com if you choose to republish your content elsewhere.
Certain features and services on BuildEffective.com require that you register on the site. Registration is initially available to anyone of requisite age and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the BuildEffective registration form (the "Registration Information"); and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on BuildEffective.com. You are responsible for safeguarding the password that you use to access any secure areas of BuildEffective.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BuildEffective.com of any unauthorized use of your password. If you provide any information that is untrue, inaccurate, not current or incomplete, or if BuildEffective has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, BuildEffective has the right to suspend or terminate your access and refuse you any and all use of the Site.
Use of User Id/Password.
If you register and/or set up an account on BuildEffective.com, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Fees and Payments.
BuildEffective or third parties may charge you fees for products or services offered for sale through BuildEffective.com, and/or for access to portions of BuildEffective.com or BuildEffective.com as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through BuildEffective.com by BuildEffective or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). BuildEffective reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to BuildEffective upon registration or otherwise, you give BuildEffective permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to BuildEffective for any reason, including charge back, BuildEffective reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
All content available on BuildEffective.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by BuildEffective, with all rights reserved, or is the property of BuildEffective or third parties protected by intellectual property rights. BuildEffective.com and _____________ are service marks of BuildEffective. BuildEffective's service marks/trademarks may not be used in connection with any product or service that is not provided by BuildEffective, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits BuildEffective.
If you believe content on BuildEffective.com infringes your copyright, you should send notice of copyright infringement to BuildEffective's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
An identification of the copyrighted work claimed to have been infringed
An identification of the material that you claim is infringing so that we may locate it on the site
Your address, telephone number and email address
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
A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
The notice should be mailed to:
Attn: Copyright Agent
or sent via fax to Fax Number: (xxx) xxx-xxxx (Attn: Copyright Agent) or via email to copyright@BuildEffective.com.
Upon receipt of notice as described above, BuildEffective.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from BuildEffective.com.
We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark. BuildEffective.com is not in a position to arbitrate trademark disputes between the advertisers on BuildEffective.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, BuildEffective does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via BuildEffective.com, and trademark owners should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on BuildEffective.com that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote BuildEffective.com on a third-party website, please provide the following information in a signed letter on company stationery:
Name of Company
Contact information (including email address)
List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
Please send this written communication with the above information to the following address:
Attn: Trademark Complaints
or sent via fax to Fax Number: (xxx) xxx-xxxx (Attn: Trademark Complaints) or via email to copyright@BuildEffective.com.
Upon receipt of notice as described above, BuildEffective.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from BuildEffective.com. In the event that the challenged content has been provided to BuildEffective by a third party and in BuildEffective' sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, BuildEffective will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, BuildEffective will not remove the content.
Notwithstanding the foregoing, BuildEffective will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
You agree that BuildEffective, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any content within the Services, for any reason, including, without limitation, for lack of use or if BuildEffective believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that BuildEffective may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. If you use the Site in violation of this Agreement, BuildEffective may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that BuildEffective shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If BuildEffective terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold BuildEffective harmless and your agreement that any claims you have against BuildEffective will be barred after one year from the date they accrue, will survive such termination.
You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement). BuildEffective.com may choose to assume that you intended to terminate your account if you do not access it for more than 12 months.
You agree to comply with all laws and regulations applicable to your access and use of BuildEffective.com. You may not harvest personal data (including email addresses) from BuildEffective.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that BuildEffective has no obligation to monitor your access to or use of BuildEffective.com, but has the right to do so for the purpose of operating BuildEffective.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access BuildEffective.com or collect information from it.
By choosing to use BuildEffective.com, you agree to indemnify BuildEffective, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through BuildEffective.com; 2) your use of or connection to BuildEffective.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users (including merchants and service professionals) of BuildEffective.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge BuildEffective, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
BuildEffective and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with the Site or BuildEffective or its parent, subsidiary or affiliate companies, or our services or this Agreement. In no event will we and our suppliers be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
You agree not take any legal action against us that relates to or arises out of any of our websites without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at meredith.com, or such other designee as Meredith may identify from time to time. This Agreement is governed by Delaware law as such laws apply to Agreements entered into and to be performed entirely within Delaware between Delaware residents and without regard to conflict of laws.
Disclaimer of Warranties.
BuildEffective.com and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim anywarranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. BuildEffective.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on BuildEffective.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold BuildEffective liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on BuildEffective.com. In addition, BuildEffective does not endorse, warrant or guarantee the products or services of any seller or service professional. Nothing on BuildEffective.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by BuildEffective, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BuildEffective.