Terms of Use
Welcome to Bequall
Bequall is focused on building high quality homes at affordable rates in high growth communities. We believe in bringing people from all backgrounds together into communities that anyone would be proud to live in. We hope that you enjoy visiting our website!
Please read the following terms and conditions of use (the “Terms”) carefully.
GENERAL
Bequall (“we”, “us”, “our”) provides this website (the “Site”) and its content for general information purposes only. By using the Site, you are agreeing to these Terms. If you do not agree to these Terms, please do not use the Site. Your use is at your own risk and is conditioned upon your acceptance of these Terms.
Nothing on the Site should be construed as an offer to form a binding contract, as a grant of any license, or as a transfer of any intellectual property. We reserve the right, in the event of a violation of these Terms, to protect our rights, property, and interests to the maximum extent permitted by law.
BEQUALL HOUSING SOLUTIONS
We provide information about our housing solutions on the Site, however, purchases of our housing solution products or services will be governed by a separate agreement with Bequall, and not by these Terms. Although we attempt to keep the information on our Site about our housing solutions and services accurate and up-to-date, our housing solutions and our services are constantly improving and evolving, so please contact us before any purchase for the most accurate and up-to-date information.
We may sometimes provide information, including information from third parties or public resources, as a courtesy and resource, but unfortunately cannot give specific advice about zoning, accessory dwelling unit information or restrictions, or any other federal, state, or local requirements or restrictions that may affect your use of our housing solutions. By providing such third party and public resource information, we are not necessarily endorsing, adopting or agreeing with any of the content, and do not make any representations regarding the content or accuracy of materials. Each city and town is different, so please contact your local authorities for information specific to your situation, and do not solely rely upon the resources that we may provide as a courtesy.
CONTENT
The Site and is content are protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and its content, including all associated intellectual property rights, are the exclusive property of Bequall and/or our licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or any part thereof. All trademarks, service marks, logos, trade names, and any other source identifiers of Bequall used on or in connection with the Site are trademarks or registered trademarks of Bequall. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
The Site and all materials therein or transferred thereby, including, without limitation, designs, layouts, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Site users (“Bequall Content”), and all intellectual property rights related thereto, are the exclusive property of Bequall and its licensors (including other Site users who post User Content to the Site). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Bequall Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bequall Content. Use of the Bequall Content for any purpose not expressly permitted by these Terms is strictly prohibited.
USER CONTENT
The Site may allow users to post or upload certain content. In such event, you are solely responsible for all information and content (“User Content”) that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such User Content, as contemplated under these Terms; and (ii) neither your User Content, nor your posting, uploading, publication, submission or transmittal of such User Content or our use of such User Content will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. By providing User Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free, fee-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with the Site.
You will not post, upload, publish, submit or transmit any User Content that: (i) is false, misleading, fraudulent, or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes illegal or harmful activities; or (iv) violates any of our policies. We may, without prior notice and in our sole discretion, remove any User Content for any reason and at any time, including without limitation, any User Content that we consider to be in violation of applicable law, these Terms, or any of our policies, or otherwise may be harmful or objectionable to us, third parties, or property. We make no representations, and disclaim liability and responsibility, with respect to all User Content in accordance with these Terms.
You may choose to or we may invite you to submit comments, concepts, techniques, know-how, or ideas about our business or our products and services, including without limitation about how to improve our products and services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not us under any fiduciary or other obligation, and that we are free to use the Idea for any purpose whatsoever without any additional compensation or notice to you, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services. You further acknowledge that, by acceptance of your submitted Ideas, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
If the Site permits interaction with other Site users through forums or another type of interaction platform, you are solely responsible for such interactions. We reserve the right, but have no obligation, to monitor communications and disputes between you and other Site users that occur on the Site. We shall have no liability for your interactions with other Site users, or for any Site user’s action or inaction.
COMMUNICATIONS
By providing us with your email address and other contact information, you consent to our using such contact information to send you information about our business, our products and our services, including by SMS text message. If you do not want to receive such communications, you may opt-out of such communication at any time by following the unsubscribe link. Opting out may prevent you from receiving notification including notices regarding updates, improvements, or offers. Please note, however, that if you have a business relationship with us, you will not be able to opt-out from receiving communications from us concerning our business relationship.
PRIVACY
Your use of the Site, and any information (including, without limitation, personal information) you submit to us through or in connection with the Site, is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms.
DATED INFORMATION
While we may periodically update or correct information presented on the Site, such information may include typographical errors and/or technical inaccuracies and/or omissions. We make no representation or warranty as to the accuracy of any information on the Site and expressly disclaim any obligation to update such information. We also reserve the right to make additions, deletions or modifications to any information at any time without any prior notice.
THIRD PARTY CONTENT
The Site may contain information from other companies, and we may post links to websites maintained by other companies. We provide this information and these links to you only as a courtesy. By providing such information and links, we are not endorsing, adopting or agreeing with any of the content or the products or services of such third parties. Third party information and sites are not part of our Site. We expressly disclaim all responsibility for the content of any third party or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials from third parties or their products or services. We urge you to use discretion when you access any third-party information or sites linked to or from our Site.
GUIDELINES AND PROHIBITED CONDUCT
You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:
directly or indirectly sell, lease, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site;
use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc. , to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publically available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
modify, disassemble, decompile or reverse engineer any part of the Site;
use the Site or any information displayed within the Site in an unprofessional manner or to stalk, harass, abuse, defame, threaten or defraud other Site users, or collect, attempt to collect or store location or personal information about other Site users;
use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control;
collect or harvest any personally identifiable information, including account names, from the Site;
impersonate any person or entity, falsely claim an affiliation with any person or entity;
misrepresent the source, identity or content of information transmitted via the Site;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
intentionally interfere with or damage operation of the Site or any Site user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights, or the privacy rights of any individual;
attempt to gain unauthorized access to the Site, or any part of it, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
hack, spam or phish Bequall or any users of the Site.
LINKS TO THIS SITE
Links to any document published on the Site must be made to the home page only, without deleting any frames or our URL address. Links to the Site must not imply any false endorsement, sponsorship, affiliation or association with Bequall of any kind. We reserve the right at all times to revoke consent to a link at any time.
DISCLAIMERS
The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, Bequall, its parents, subsidiaries, affiliates, and licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Bequall, its respective parents, subsidiaries, directors, officers, agents, or employees, suppliers or licensors (together, the “Bequall Parties”) be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site. Under no circumstances will the Bequall Parties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or the information contained therein.
To the maximum extent permitted by applicable law, the Bequall Parties assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content or information; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
In no event will Bequall’s aggregate liability arising out of or in connection with these Terms or your use of the Site, exceed the greater of (i) the amounts you have paid to Bequall hereunder in the twelve month period prior to the event giving rise to the liability, or (ii) US$100. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bequall has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. You waive California civil code §1542, or any similar law, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Bequall and you.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Bequall and its respective parents, subsidiaries, directors, officers, agents, or employees, suppliers and licensors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms; your User Content; or your interaction with any Site user.
APPLICABLE LAW
These Terms shall be governed by and construed according to the laws of the Commonwealth of Massachusetts without reference to its conflicts of law rules. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Boston, Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
INTERNATIONAL USERS
This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information on the Site pertaining to Bequall products and services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.
VIOLATIONS; TERMINATION
We may terminate any Site user’s access to the Site for any reason at any time, including in the event that a Site user has violated these Terms. Such termination may be effected without prior notice, and you agree that we will not be liable to you or any third-party for any such termination. Without limitation of any other rights, any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Site and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
CHANGES
We may make changes to these Terms at any time and for any reason. Any such changes shall be effected by posting of the updated Terms to this Site and any such changes shall only apply to your use of this Site after the date of such change(s).
GENERAL TERMS
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at our sole discretion, with 30 days prior notice.
Except as provided herein, these Terms do not and are not intended to confer any rights or remedies upon any person other than you and us.
If any section of these Terms is held to be invalid or unenforceable, such section will be struck and will not affect the validity and enforceability of the remaining sections.
We and you are not partners, joint venturers, agents, employees or representatives of the other party.
These Terms contain the entire understanding of the parties with respect to the subject matter herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on the Site.
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
CONTACT
If you have any questions about these Terms, please contact us at: contact@bequall.com.
Updated: June 15, 2020