TopBuilder Solutions, LLC - Terms of Service


TopBuilder Solutions, LLC (“TopBuilder”) hopes you find our software products (“Software”) and services beneficial and easy to use.

1. Acceptance of Terms.

By visiting the website www.topbuildersolutions.com (or the “Site”), viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.topbuildersolutions.com, you acknowledge you have read and agree to be bound by the following Terms and Conditions of Service (“Terms and Conditions”) to the exclusion of all other terms. If you do not want to be unconditionally bound by and be a party to our Terms and Conditions your only option is not to visit, view, or otherwise use the services of www.topbuildersolutions.com. You understand, agree and acknowledge that these Terms and Conditions constitute a legally binding agreement between you and TopBuilder, owner and operator of www.topbuildersolutions.com, and that your use of www.topbuildersolutions.com shall indicate your conclusive acceptance of this Agreement.

2. Provision of Services.

You agree and acknowledge that www.topbuildersolutions.com is entitled to modify, improve or discontinue any of its services, prices and fees at its sole discretion and without notice to you. You also agree and acknowledge that the modification or discontinuance of its services may result in you being prevented from accessing any information contained in it by posting a notice on its Site. Furthermore, you agree and acknowledge that TopBuilder is entitled to provide services to you through third party service providers, subsidiaries or affiliated entities.

3. Proprietary Rights.

You acknowledge and agree that www.topbuildersolutions.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. TopBuilder authorizes you to view and make a single copy of portions of www.topbuildersolutions.com content for offline, personal, non-commercial use. Our content may not be sold, reproduced, assigned, transferred or otherwise distributed without TopBuilder’s prior written consent, which consent may be delayed or denied in its sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are fully reserved. Email Templates developed by TopBuilder for use by the Software is for the exclusive use by the TopBuilder Software. TopBuilder retains full copyright to the newsletter and email templates. Users of the Software agree not to reproduce, archive, reuse, or republish the email templates contained in or used for the TopBuilder Software in any form, or to make the email templates available to the general public, either in electronic or hard-copy format. Newsletter and email marketing users agree not to reproduce, archive, reuse, or republish the articles contained in or used for the newsletter in any form, or to make the content available to the general public, either in electronic or hard-copy format. TopBuilder retains full copyright to the articles in the newsletter and promises that all content for the newsletter is original and has been written exclusively for the TopBuilder newsletter.

4. Submitted Content.

When you submit content to www.topbuildersolutions.com, you simultaneously grant TopBuilder an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You expressly confirm and warrant that you have the required authority to grant the above license to TopBuilder.

5. Privacy Policy.

This privacy policy discloses the privacy practices of www.topbuildersolutions.com. This privacy policy applies solely to information collected by this Site. It will notify you of the following:
a. What personally identifiable information is collected from you through the Site, how it is used, and with whom it may be shared.
b. What choices are available to you regarding the use of your data.
c. The security procedures in place to protect the misuse of your information.
d. How you can correct any inaccuracies in the information.

6. Information Collection, Use and Sharing.

TopBuilder is the sole owner of the information collected on the www.topbuildersolutions.com website and to related web applications. TopBuilder only has access to and collects information that you voluntarily give TopBuilder. We will not sell or rent this information to anyone. TopBuilder will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new software products or services, or changes to this privacy policy.
7. Your Access to and Control over Information
You may opt out of any future contacts from TopBuilder at any time. You can do the following at any time by contacting us via the email address or phone number given on our Site:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

8. Security.

TopBuilder takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card data, etc.), that information is encrypted and transmitted to TopBuilder in a secure way. You can verify this by looking for a closed lock icon at the bottom of your webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees or authorized agents of TopBuilder who have a need to know the information to perform a specific job (e.g., billing, customer service, etc.) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. However, you are responsible for safeguarding your username and password that you are using to access your account with TopBuilder and you should not disclose that information to any third party. You assume full responsibility for all actions taken under your account by you or any third party. You agree to notify TopBuilder immediately of any unauthorized use of your account.

9. Updates.

Our Privacy Policy may change from time to time and all updates will be posted on this webpage. If you believe that we are not abiding by our Privacy Policy, you should contact us immediately via telephone at 855.806.6648.

10. Registration.

In order to use this Site, a user must first complete the registration form. During registration, a user is required to give certain information (e.g., name and email address, etc.). This information is used to contact you about the Software and services on our Site in which you have expressed interest. At your option, you may also provide demographic information (e.g., gender, age, etc.) about yourself, but it is not required.

11. Cookies.

We use “cookies” on this Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our Site and identify repeat visitors to our Site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site. Usage of a cookie is no way linked to any personally identifiable information on our Site. Some of our business partners may use cookies on our Site (e.g., our advertising). However, we have no access to or control over these cookies.

12. Sharing.

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. In addition, we use a credit card processing company to bill users for the Software . These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

13. Links.

This Site contains links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other website that collects personally identifiable information.

14. Surveys and Contacts.

From time to time our Site requests information through surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (e.g., name and shipping address, etc.), and demographic information (e.g., zip code, age level, etc.). Contact information will be used to send unsolicited product updates and promotions related to the Software and other product or service offerings of TopBuilder.

15. Termination of Terms and Conditions.

TopBuilder Solutions, LLC. shall have the option, in its sole discretion, to terminate or cancel service to any customer or user at anytime without notice. These Terms and Conditions will continue to apply in perpetuity until revised or terminated by TopBuilder in its sole discretion.

16. Disclaimer of Warranties.

You understand and agree that your use of www.topbuildersolutions.com is entirely at your own risk and that our Software is provided "As Is" and "As Available." TOPBUILDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE WWW.TOPBUILDERSOLUTIONS.COM SITE, INFORMATION, CONTENT, MATERIALS OR SOFTWARE PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

17. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT TOPBUILDER, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT TOPBUILDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF TOPBUILDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

18. External Content.

Our Site, www.topbuildersolutions.com, may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.topbuildersolutions.com is not responsible for and does not endorse any advertising, products or resources available from such resources or websites.

19. Jurisdiction.

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Houston, Harris County, Texas, regardless of any conflicts of law issues, to resolve any legal matter arising from these Terms and Conditions or related to your use of www.topbuildersolutions.com. If the court of law having jurisdiction rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from these Terms and Conditions and the remaining Terms and Conditions will continue to be valid. These Terms and Conditions and performance hereunder shall be governed by and construed in accordance with the substantive laws of the State of Texas.

20. Entire Agreement.

You understand and agree that these Terms and Conditions constitute the entire general Agreement between you and TopBuilder regarding the use of www.topbuildersolutions.com, the subject matter of these Terms and Conditions. You may be subject to additional terms and conditions when you use, purchase or access our Software, products, other services, affiliate services or third-party content or material.

21. Use of company name and logo

Many TopBuilder Solutions customer’s logos are listed on our website and from time to time on social media. By using our service, you are giving TopBuilder Solutions the right to use your company logo on our website and social media.

22. Changes to the Terms and Conditions.

TopBuilder reserves the right to modify these Terms and Conditions from time to time at our sole discretion and without any notice. Changes to our Terms and Conditions become effective on the date they are posted and your continued use of the TopBuilder Software after any changes to these Terms and Conditions will signify your agreement to be bound by them.


TopBuilder Solutions, LLC - Implementation, Support, Training and Enhancement Policies

The following summarizes TopBuilder’s implementation, support, training, and enhancement policies. In this document, we outline what is included and what is not included with your subscription. We have also included our service level commitment to our customers in the Service Level Agreement Addendum. If you have any questions or concerns regarding our policies, please do not hesitate to contact your account or support manager.

TopBuilder reserves the right to modify these policies any time at our sole discretion, without notice. Changes to our support policies become effective on the date they are posted, and your continued use of TopBuilder signifies your agreement with these policy changes.

Implementation

Initial Implementation Includes:


1. Account kickoff meeting conducted remotely by your support manager.
2. Account configuration from the provided initial setup worksheet.
3. Data conversion/data load from the provided data upload worksheet.
4. Branding of your emails/newsletters. We will create a first draft using standard layouts or guided by a design you provide. You will be allowed one revision.
5. Setup of your interfaces (if purchased).
6. Coding and Setup of your contact website forms or the Lead Capture API (if purchased).
7. Completion of custom quote template (if purchased with original agreement).
8. Sender Reputation and Blacklist checks.
9. White labeling your company domain (this improves deliverability of your emails and quotes).
10. Client Service Consultation (2 hours).


Implementation does not Include:

1. Customizations and enhancements to the base product (anything that is not customizable using self-service configuration tools and utilities). This includes:
a. Custom reports
b. Custom templates
c. Customizations to the interface
2. Ongoing data loads
3. Ongoing changes to your web contact form, email templates, quote templates and branding.


Support and Training

TopBuilder support includes email & phone support and daily remote training. Your account subscription includes 10 hours (“support hours”) of support annually. Additional hours can be purchased online under the Setup>Account Profile page. Support hours carry over from year to year.

Support hours are tracked in 30-minute increments. Remote training and simple email/phone questions are not counted as support hours.

The following describes what is included in complimentary support and training and what is identified as support hours. Note: Enhancements and Customizations are not part of support (please refer to the Enhancement and Customization Policies section below).

Complimentary Support and Training Includes:

(Please refer to our Service Level Agreement below for our policies on prioritization and response times.)

1. Email support for questions and status updates. User support email address is support@topbuildersolutions.com.
2. Phone support for simple questions and updates (again please refer to the Service Level Agreement for details).
3. Unlimited Level-1 and Level-2 Training.
a. Only active users can attend this training (we verify your login using your email address).
b. Dates and time are posted in the TopBuilder Help Center > Training tab.
4. One two-hour client services review.


Support Hours Include:

1. Any changes to your account setup/configuration after implementation is complete.
2. Additional data loads after implementation is complete.
3. Custom training or training outside of the daily training classes.


Enhancement and Customizations

1. Before enhancement requests are accepted by support, customers must:
a. Complete the implementation (implementation is complete when you attend the Account Review)
b. Attend the Client Services Review
c. Attend Level – 1 and Level - 2 training
d. Use the software for 30 days after implementation is complete.
2. Before your enhancement request is considered, you must complete an Enhancement Request Form in its entirety and submit to Support@topbuildersolutions.com. Your enhancement request must include all the details necessary to complete the work. Additional notes:
a. For Quote Changes, you must submit a finalized quote/ design template.
b. Incomplete enhancement requests will not be accepted.
c. If you need to have a meeting to discuss a quote design, we will bill you for that time at our standard hourly rate.
3. Once the enhancement request is reviewed by our support team, TopBuilder Support will notify you regarding the status of your request and the expected delivery date.
4. Completion of the work will be done based on the original design submitted on your request. If changes are made to the design, the changes will be reviewed and quoted. Timelines will change if needed.
5. Status updates will be provided via email from engineering or support.
6. Final signoff will be required (this can be done via email).



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