Terms of Service

The following terms of service (the “Terms of Service”) govern your use of this website (the “Website”) provided by Gotham Management Inc., dba Building Stack® (collectively in these Terms of Service, “Building Stack”, “we”, or “us”). This Website (or any other designated or linked website or web pages) is owned and operated by Building Stack. You signify your acceptance of these Terms of Service by accessing or using this Website. If, at any time, you do not wish to accept these Terms of Service, you should not use the Website. 

Building Stack reserves the right to change or modify any of the terms and conditions in these Terms of Service from time to time, any time, without notice, and in its sole discretion. Any changes or modifications to these Terms of Service will be effective upon posting of the changes. Unless explicitly stated otherwise, any new features, which enhance or augment the Website shall be subject to the Terms of Service. Your continued use of the Website following the posting of any changes or modifications constitutes your acceptance of such changes or modifications, and if you do not agree with these changes or modifications, you should cease using the Website. You are responsible for regularly reviewing the most current Terms of Service which are available on the Website.

These Terms of Service were last updated on July 17, 2019.

1. Intellectual Property Rights

Unless otherwise stated, Building Stack (and its licensors, where applicable) owns all intellectual property rights in the Website, including, without limitation, the underlying HTML, software, text, images, video and audio content and service marks thereon (collectively, the “Content”), or has obtained the permission of other owners of intellectual property in the Content to post the Content on the Website. All Content is protected by, among others, the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad. 

You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions on the Website. Any use of materials on the Website other than as permitted in these Terms of Service, including reproduction, modification, distribution, or republication, without prior written permission of Building Stack is absolutely prohibited. Nothing stated herein shall be deemed to constitute a sale or other conveyance to you of any ownership rights in or related to the Content or the Website.

The “Building Stack” business name, the Building Stack logo and other trademark and/or service marks displayed on the Website are the exclusive property of Building Stack, and are protected by applicable patent, trademark, copyright and other laws, and may not be used for any of the aforementioned purposes. Building Stack may protect the Website by technological means intended to prevent unauthorized use of the Website. You undertake not to circumvent these means. Infringement of the rights in and to the Website will, in and of itself, result in the termination of all your rights under these Terms of Service.

2. External Links

You understand that certain Content on the Website may include materials or information from third parties and links to other third party websites. Building Stack does not control those third party websites, and these Terms of Service do not apply to websites that Building Stack does not own or control, or to the actions of people that Building Stack does not employ or manage. In no event shall Building Stack or its licensors be responsible for any content, products, or other materials on or available from such websites.

3. License and Restrictions

You agree to use the Website for lawful purposes only and in a way that does not prejudice the rights or does not restrict or hinder the use of the Website by any person. You may not use the Website for any illegal purpose or in any manner inconsistent with these Terms of Service. You may not, without limitation: (i) duplicate the Website, or any of the materials and/or Content contained therein; (ii) create derivative works based on the Website or any of the materials and/or Content contained therein or integrate it within a service of your own; (iii) use the  Website or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the  Website or any of the materials and/or Content contained therein, except as specifically intended for in the Website; (v) remove any copyright or other proprietary notices from the Website and/or Content contained therein; (vi) circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password); (vii) use any data mining, robots or similar data gathering and extraction tools on the Website; (viii) decompile, reverse engineer, modify or disassemble any of the software aspect of the Website or Content; or (ix) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above. You agree to cooperate with Building Stack in causing any unauthorized use to cease immediately.

You acknowledge, consent and agree that Building Stack may access, preserve, and disclose your content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Building Stack, the Website, its users and the public.

4. Your Content

You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the Website, including documents, text, graphics, video, messages, forum postings, comments, questions, or other materials (collectively, the “User Content”). Building Stack reserves the right to use, store, and transfer User Content that is collected, posted or uploaded to the Website by its users. Whenever you submit User Content to the Website, app, or webportal, you agree that you are granting us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable right and license to use your User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.

5. DISCLAIMER

BUILDING STACK PROVIDES THE WEBSITE AND ITS CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDING STACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY. 

Building Stack does not warrant that the Website will operate in an uninterrupted or error-free manner, or that the Website will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Building Stack or its providers.

Building Stackreserves the right to upgrade or modify the Website with or without notice to you and you accept that such changes may result in you being unable to access the Website. Building Stackreserves the right to temporarily suspend or interrupt the Website for periodic maintenance.

Certain Content on the Website is provided to Building Stack by third parties (“Content Providers”). You must conduct your own due diligence in respect of all Content on the Website. Content Providers disclaim all representations and warranties as to the accuracy of the Content and assume no liability or responsibility for any errors, omissions, or inaccuracies in the Content. Content Providers may update and/or modify the Content at any time and without notice to you. 

IN NO EVENT WILL BUILDING STACK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS, SUB-CONTRACTORS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE WEBSITE, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IN ADDITION, BUILDING STACK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE.

Your use of the Website may be subject to various local, provincial, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.

6. Indemnity

You agree to release, defend, indemnify and hold harmless Building Stack (and its officers, directors, agents, subsidiaries, joint ventures, employees, Content Providers, and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of  the following: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (iv) any claim that any content you submitted caused damage to a third party. You agree to notifyBuilding Stackpromptly and in writing of such claim. This indemnification obligation will survive the termination of these Terms of Service and your use of the Website.

7. General Conditions

By submitting comments, feedback, bug reports, or product suggestions to us, you acknowledge and agree that Building Stackis free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

You must not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website or with Building Stack.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without our express written permission.

You understand that the technical processing and transmission of the Website including your content, may be transferred unencrypted and involves (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.

The failure of Building Stackto exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.

The captions and headings appearing in these Terms of Service are for reference only and will not be used in construing this agreement.

You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall enure to the benefit of and be binding upon you and Building Stack, and the parties’ respective successors and assigns. 

These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. The parties attorn to the jurisdiction of the courts of the district of Montreal, Province of Quebec.

It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.