Terms of Service ("Terms")

 

Effective Date: (September 21, 2023) 

 

Welcome! Thank you for your interest in our services.

 

PLEASE READ THESE TERMS OF SERVICE FOR OUR SERVICES CAREFULLY BEFORE USING OUR SERVICES BECAUSE IT CONSTITUTES A BINDING LEGAL TERMS BETWEEN YOU AND US ("US", "WE", OR "OUR").

 

BY CLICKING ON THE “I AGREE” (OR SIMILAR BUTTON OR CHECKBOX) THAT IS PRESENTED TO YOU AT THE TIME OF YOUR REGISTRATION, OR USING OUR SERVICES (“OUR SERVICES”), YOU CONFIRM THAT YOU ACCEPT THESE TERMS. YOU ALSO CONFIRM THAT YOU HAVE REACHED THE AGE OF 16. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT USE OR ACCESS THE SERVICE.

 

IF YOU DON’T AGREE TO THE CHANGES, YOU CAN STOP USING OUR SERVICES AND DELETE YOUR ACCOUNT. BY CONTINUING TO USE OUR SERVICES AFTER THE UPDATED TERMS BECOME EFFECTIVE, YOU CONFIRM THAT YOU UNDERSTAND AND ACCEPT THE UPDATED TERMS.

 

The “Effective Date” of this Terms is the date which is the earlier of (a) your initial access to or use of the Services (as defined below) or (b) the effective date of the first Order referencing this Terms.

 

Your Account

 

You may need to create an account to use some of our Services (“Account”). By creating an Account, you agree that:

 

1. You’ll provide accurate and complete information when you create your account.

 

2. You’ll update your account if any of your information changes.

 

3. You’ll safeguard your password and won’t share it with anyone.

 

4. You’ll contact us immediately if you suspect anyone else is using your account.

 

You can delete your Account at any time on our Application.

 

License and Access

 

Subject to your compliance with these Conditions of Use and any Service Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Services. This license does not include any resale or commercial use of any of our Services; any derivative use of any of our Services or contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Terms are reserved and retained by us or our Affiliates. No Service, nor any part of any of our Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written our consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, or form) without express written consent. You may not misuse our Services. You may use our Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Conditions of Use or any Terms.

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any our server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any our account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

In case using our brand again, please make sure to use it in accordance with our brand norms and rules, and do not distort or change the brand image without authorization. You may not use other people's trademark rights, copyright and other infringement content without authorization in the process of using the website. You may not use or upload any sensitive, discriminatory and vulgar information related to politics, religion, race, war and pornography.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our or others. You may not be able to register on behalf of any third party to manage their devices without legal authorization, nor control others' devices beyond the role assigned to you by the system, otherwise we will have the right to freeze or terminate your account and request compensation .

 

 

Privacy Policy

 

See Privacy Agreement for details regarding our Privacy Policy. This Privacy Agreement has the same legal effect as the original Terms.

 

Warranty Disclaimer

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

 

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (I) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (II) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (III) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (IV) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.

 

Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we has been advised of the possibility of such damages.

 

You agree to indemnify and hold we, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Site.

 

Terms of Termination

You can cancel specific Services or close your account at any time and for any reason. To close your account, please visit https://ibuildingopen.com. When you ask us to close your account, you can choose to put it in a suspended state for either 30- or 60-days just in case you change your mind. After that 30- or 60-day period, your account will be closed.

We reserve the right to close all “inactive” accounts. You must sign in to your Account at least once in a six-month period to keep your account active. If you don’t sign in during this time, we will consider your account to be inactive.

 

If your account is closed (whether by you or us), a few things happen. First, your right to use the account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you).

If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the website related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your account. As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan.

 

Updates to the Services or Changes to These Terms.

 

We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your account and, if you are a parent or guardian, help your minor child close his or her account.

 

Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material previously provided.

 

Governing Law And Jurisdiction

 

THE LAWS OF THE PEOPLE'S REPUBLIC OF CHINA, WITHOUT REGARD TO CONFLICT-OF-LAW RULES, GOVERN THIS TERMS AND ANY DISPUTE BETWEEN YOU AND US. ANY DISPUTE MAY BE BROUGHT BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN FOSHAN SHUNDE DISTRICT PEOPLE'S COURT FOR THE PEOPLE'S REPUBLIC OF CHINA. Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts. You and we have a dispute with each agree to waive, to the fullest extent allowed by law, any trial by jury. IN ANY LITIGATION TO ENFORCE ANY PART OF THIS AGREEMENT, ALL COSTS AND FEES, INCLUDING ATTORNEY'S FEES, WILL BE PAID BY THE NON-PREVAILING PARTY.

 

If any term or provision of this Terms is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Terms. The remaining provisions of the Terms shall remain in effect and shall be construed in accordance with its terms.

 

Void Where Prohibited

Our administers operate the www.ibuildingopen.com Site  from its locations in Florida, United States of America, and Frankfurt, Germany; other our sites may be administered and operated from various locations outside the United States of America and Germany.  Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America and Germany. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. You do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Contact Us

 

If you have any questions about these Terms or you wish to exercise any right, or you have any requests to discuss with us, please send an email to our Office specially established at the following address: support@hvacssp.com. Upon receiving your request, we shall make every effort to respond within one month of the request from the subject of personal information for the access. Your patience and understanding are highly appreciated. Given the complexity and quantity of requirements, the period may be extended for another 45 days as necessary. In case of deferred response, we shall inform the reasons for the delay. As we receive a large amount of commercial promotion e-mails every day, we shall not respond if we believe that your e-mails are not related to the Terms of Services. If the limitation period set in this paragraph conflicts with the local laws, the local laws shall prevail.