Bobyard Website Terms of Use

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Bobyard products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Bobyard reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

The Site and the Content are protected by U.S. copyright laws, and belong to Bobyard or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Bobyard or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Bobyard.

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Any software available for download or access as a service ("SaaS") via the Site is the copyrighted work of Bobyard and/or its licensors. Use of such software or SaaS is governed by the terms of the license or subscription agreement that accompanies or is included with the software or SaaS. Downloading, installing, and/or using any such software or SaaS indicates your acceptance of the terms of the end user license agreement.

If you create an account on the Site for use of the Service, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Bobyard immediately at legal@bobyard.com of any unauthorized use of your account or any other breach of security. Bobyard will not be liable for any loss or damage arising from your failure to protect your account credentials. Bobyard reserves the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason in Bobyard's sole discretion.

You may submit materials through public request forms or through authorized product accounts. By submitting, uploading, or otherwise providing any content, data, files, or materials to Bobyard through the Site or the Service (collectively, "Submissions"), you grant Bobyard a non-exclusive, worldwide, royalty-free license to use, store, process, and display your Submissions solely to the extent necessary to provide the Service to you. You represent and warrant that you own or have all necessary rights to your Submissions and that your Submissions do not infringe the intellectual property rights or other rights of any third party. Bobyard does not claim ownership of your Submissions.

The Service uses artificial intelligence and machine learning to generate estimates, takeoffs, measurements, and other outputs ("AI Outputs"). AI Outputs are provided for informational purposes only and are not a substitute for professional judgment. Bobyard makes no representations or warranties regarding the accuracy, completeness, or fitness for a particular purpose of any AI Output. You are solely responsible for independently verifying any AI Output before relying on it for construction, procurement, or any other decision. Bobyard disclaims all liability for losses or damages arising from your reliance on AI Outputs without independent verification.

BOBYARD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BOBYARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BOBYARD DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BOBYARD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

You agree to defend, indemnify, and hold harmless Bobyard and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site or the Service in violation of these Terms; (b) your Submissions; or (c) your violation of any applicable law or the rights of any third party.

IN NO EVENT WILL BOBYARD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BOBYARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Bobyard collects certain information from and about users of this Site, including information you provide directly (such as through contact forms or email subscriptions), information collected automatically through your use of the Site (such as IP addresses, browser type, and browsing activity on the Site), and information collected through cookies and similar tracking technologies. Such information is collected and used in accordance with Bobyard's Privacy Policy [www.bobyard.com/privacy-policy], which is incorporated herein by reference. By using this Site, you acknowledge and agree to the collection and use of your information as described in the Privacy Policy. If you are a California resident, you may have additional rights with respect to your personal information as described in the Privacy Policy.

Bobyard does not endorse any sites on the Internet which are linked through the Site. Bobyard is providing these links to you only as a matter of convenience, and in no event shall Bobyard be responsible for any content, products, or other materials on or available from such sites.

You agree to use the Site only for lawful purposes and in accordance with this Agreement. Without limiting the foregoing, you agree that you will not:

(a) use this Site in any manner that violates any applicable federal, state, local, or international law or regulation;
(b) use this Site to transmit, submit, or solicit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
(c) impersonate or attempt to impersonate Bobyard, a Bobyard employee, another user, or any other person or entity in connection with your use of this Site;
(d) use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy any content or information on this Site without Bobyard's prior written consent;
(e) attempt to probe, scan, test the vulnerability of, or circumvent any security or authentication measures associated with this Site or its underlying systems;
(f) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to this Site or its users;
(g) use this Site to harvest, collect, or compile information about other users without their consent;
(h) use this Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site; or
(i) attempt to gain unauthorized access to any portion of the Site, other accounts, or any systems or networks connected to the Site.
Bobyard reserves the right, in its sole discretion, to investigate any suspected violation of this Section 9, and to suspend or terminate access to this Site for any user who violates, or is reasonably suspected of violating, this Section, without prior notice and without liability to Bobyard.

Bobyard respects the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a notice to Bobyard's designated agent at legal@bobyard.com containing: (a) a description of the copyrighted work claimed to have been infringed; (b) identification of the material on the Site claimed to be infringing; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or applicable law; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Site and the Service are intended for users who are at least 18 years of age. By using this Site, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. If you are using the Site on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

If you provide Bobyard with any suggestions, ideas, feedback, or recommendations regarding the Site or the Service ("Feedback"), you hereby grant Bobyard a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback for any purpose without any obligation or compensation to you.

These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site only in the federal and state courts located in San Francisco, California. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of Bobyard to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bobyard in writing. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Bobyard with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Bobyard relating to the Site.