Terms of Use

The Terms and Conditions of use and the Privacy and Security policies set forth below are the policies of the Bourre Construction Group LLC (BCG) and its subsidiaries and affiliates that apply solely to your use of bourreconstructiongroup.com (Website) and they govern your use of the Website.

By checking the “I have read and accept Privacy Policy” box, you acknowledge your consent to the Terms and Conditions (which include a mandatory arbitration provision) and the Privacy and Security policies set forth below, including the authorization of the use and sharing of your information that is described. If you do not agree with the Privacy and Security Policies or the Terms and Conditions, do not use the Website.

Terms and Conditions

The Website is a service offered by BCG to our selected contractors, and may be accessed only by our selected contractors that we provide with a temporary password and a user name (which is an email address previously provided to us by the customer). The terms “we”, “us” or “our” refer to BCG and its subsidiaries and affiliates, and the terms “you” and “your” refer to you, a selected contractor.

Upon your initial use of the Website you will be asked to create a permanent password and select a security question and provide the answer to the question. Please keep your user name, password and the answer to your selected security question secure. Also, please remember to log off of the Website when you leave your computer. You are responsible for all actions that occur on the Website with your user name and password.

The Website is intended for use by persons who are age 18 or older. Persons under age 18 should not use or submit any information to the Website.

The products and services offered by vendors identified on the Website are provided by the respective vendors and not by us. We make no representations or warranties regarding, and you agree that we bear no responsibilities or obligations with respect to, any products or services that you order or obtain from vendors identified on the Website, including without limitation the availability or quality of the products or services, or the information displayed on the Website regarding the vendors, products or services. Each vendor has separate terms and conditions governing the products and services that it provides, and you may be required to agree to such terms and conditions to receive any products and services from the vendors. For your convenience, the Website links to a website of each vendor. We do not have any control over, or responsibility for, the content or operation of such websites. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk.

While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Website and, without limiting the foregoing, are not responsible for the any information being out of date or inaccurate, or for typographical errors.

You represent and warrant that (a) you are age 18 or older, (b) the information you submit through the Website is accurate and complete to the best of your knowledge, and (c) with respect to each email address of a family member or friend that you provide for the sending of a moving notification, that you are authorized to provide the email address for such purpose and that the transmission of the moving notification to the email address will not violate any directive or preference of the recipient, or any right of the recipient under law. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you.

In connection with any moving notification or other information that you provide, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party. We reserve the right in our discretion to edit or delete any portion of a moving notification that we deem inappropriate, or not transmit a moving notification that contains anything that we deem inappropriate. We are not obligated to edit or delete any portion of a moving notification, or to decide not to transmit any moving notification, and we are not liable for editing or deleting any portion of any moving notification or declining to transmit any moving notification.

You shall not and shall not attempt to (a) post or transmit to the Website any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Website or any activity being conducted on or by the Website, (c) gain access to, copy, alter or modify any data transmitted to the Website by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (e) frame or link to the Website.

We make no representations or warranties regarding the availability of the Website at any given time, whether the use of the Website will be uninterrupted, or the continued operation of the Website. We, with or without notice, may suspend the operation of the Website for periods of time, terminate the operation of the Website at any time, and suspend or terminate your ability to access and use the Website at any time. We, with or without notice, may revise the features and functionality of the Website, and the instructions and guidelines regarding the access to and use of the Website, at any time. We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Website, and the IP number(s) or address(es) used for the Website. While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Website that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Website or materials transmitted from the Website do not contain such computer programming routines, features or operations.

You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms and Conditions, or any misrepresentation made by you in these Terms and Conditions.

We are not responsible for any technical failures or problems that are beyond our control, or any results of any such failures or problems.

USE OF THE WEBSITE IS PROVIDED “AS IS WHERE IS,” AS AN ACCOMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE WEBSITE, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE WEBSITE, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE WEBSITE OR THE ABILITY OF YOU TO ACCESS AND USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Any claims or disputes relating to the Website shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) and the arbitration shall occur in the State of Florida, County of Duval, unless we expressly consent in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Florida, County of Duval, unless we expressly consent to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Florida, County of Duval. Each party will bear their own costs in connection with the arbitration.

These Terms and Conditions are governed by federal law and the laws of the State of Florida, without reference to choice of law principles.

The BCG name and logo and the Website name and logo are trademarks or service marks of BCG. The names and logos of the vendors that appear on the Website are trademarks or service marks of the respective vendors. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited.

Privacy and Security Policies-the Website (As of July 31, 2014)

Privacy

Information We Collect.

In connection with your agreeing to work with BCG, we obtained or established, or will obtain or establish, as applicable:

Your contact information, including without limitation your current mailing address, your home, business, and/or mobile telephone, your facsimile number, and your email address (contact information); and

Information regarding the home you are purchasing, including without limitation the community, mailing address, and the anticipated closing date for the purchase (new home information).

In using the Website, you may confirm or update contact information previously provided and may provide, as applicable:

The services that you desire to order and your preferences regarding service information (services information);

Credit card information to pay for services that are ordered (credit card information);

The email addresses of friends and family to receive a notification regarding your move (friends and family contact information); and

Your preferences regarding the forwarding of USPS mail (preferences information).

Additionally, in connection with the use of the Website we collect certain web analytics information, including among other information visitors to the website, session time, and browser version (technical information). Technical information is not collected in a manner in which it can be tied to a specific user, and is stored and used only on an aggregate basis. When you access the Website some of our services are provided to or through affiliated web sites. Personal information that you provide to those sites may be sent to the Website in order to deliver the service. We process such information in accordance with this Policy. We will store on the computer that you use to access the Website a small file that commonly is referred to as a “cookie.” The cookie has information that enables us to recognize a unique computer that is used to visit the website. Each vendor identified on the Website has its own policies on the collection and use of technical information and the use of cookies.

Use of Your Information.

BCG may use and share any or all of your information:

In connection with the fulfillment of the services that you request through the Website;

To enforce the Terms and Conditions applicable to the use of the Website (please see the Terms and Conditions below);

As required by law or valid legal process;

In response to appropriate governmental requests; and

As we deem reasonably necessary to investigate, prevent or take other appropriate action in connection with potential illegal or fraudulent activities or potential risk to the personal safety of any individual.

Additionally, BCG may use or share your information as follows:

We may use and share your contact information and new home information among BCG subsidiaries and affiliates to provide you with offers from BCG subsidiaries and affiliates that we believe may be of interest to you;

We may share your contact information and new home information with third parties who assist BCG in offering products or services to you; and

We may share your contact information and new home information with carefully selected third parties that agree with BCG to offer products or services to users of the Website.

Except for sharing your credit card information with vendors in connection with any services that you order, we will not otherwise use or share your credit card information, and we will not retain your credit card information.

We will not share with third parties your friends and family contact information other than in connection with the fulfillment of the moving notices that you request.

Vendor Policies

Each of the vendors identified in the Website has its own privacy policy that may differ from BCG’s privacy policy. By ordering products and services, your information will be provided to the applicable vendors as discussed in this policy. You may access the privacy policy of each vendor by visiting the vendor’s website. We do not have any control over, or responsibility for, the content or operation of the website of any vendor. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk.

Please see the Security policy below for information regarding how we protect your information.

Security

The discussion below applies only to the Website and not to the security of information provided to any of the vendors that offer products or services identified in the Website. You may access the security policy of each vendor by visiting the vendor’s website. We do not have any control over, or responsibility for, the content or operation of the website of any vendor. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk.

Industry accepted security measures are used with the Website to protect your information. In particular, transmissions of orders and credit card information between your computer and the Website web server are implemented using Secure Sockets Layer (SSL) technology. Your information is stored on a server that is separate from the Website web server, and is protected by a firewall and also physical safeguards. We do not retain your credit card information.

The Website is a service offered by BCG to our selected contractors, and may be accessed only by our selected contractors that we provide with a temporary password and a user name (which is an email address previously provided to us by you).