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1. Acceptance of the Terms of Use.
Welcome to the website of BuildBlock, Inc., a California Corporation ("BuildBlock", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of www.buildlbock.io, including any content, functionality and Services (defined below) offered on or through www.buildlbock.io (the "Website"). We will refer to landlords and property managers of rental units using the Service as "Managers" and tenants or potential tenants who use the Service as "Tenants". Any user of the Service or Website, including Managers and Tenants, will be referred to as a "User".
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to Users who are 18 years of age or older, and have a legal presence in the country that BuildBlock provides the services for. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BuildBlock and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms of Use.
We may revise and update these Terms of Use, including our fees and Services, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Description of Services.
BuildBlock currently provides a full-service, internet-based platform for Managers to efficiently manage their rental units, including such features as promotion of an available rental unit, screening potential tenants with secure credit and background checks, creating and maintaining customized lease agreements, managing online ACH payment of Tenant Payments with automatic receipts and interest reminders, managing the move-in/move-out checklist online, maintenance requests, and property management reports (including rents collected and maintenance fees incurred) (the "Services"). More information on the Services is provided below. Users may use some or all of the features of the Service. BUILDBLOCK RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES.
3.1 Finding and Screening Tenants.
Upon registration, the Manager will be required to provide registration information, which will include information such as the Manager's full name, primary phone number, alternative phone number, email address, emergency contact information, credit card payment information, and other relevant information related to such Manager (the "Manager Registration Information"). During the time that the Manager uses the Services, Manager shall keep all Manager Registration Information up-to-date and accurate.
Once registered, Manager may add a rental unit, and if desired, create a listing that includes information about the unit, such as the unit type, building name, street name and cross street, address, package delivery location, amenities, rent amount, and security deposit (the "Unit Information"). Manager may choose to use the Service to broadcast the Unit Information to third-party marketing sources (such as Padlister via RSS).
Once the Tenant has viewed the rental unit and is ready to submit an application to the Manager, Manager creates a new application through the Service. As part of this process, the Tenant will be invited to fill out a rental application on the selected rental unit. This application will include information such as the Tenant's full name, primary phone number, alternative phone number, email address, emergency contact information, past addresses, prior landlord contact information, whether the Tenant has pets, vehicle information, employment history, current income information, and other relevant information related to such potential rental unit (the "Tenant Application Information"). Once tenant has completed the rental application on the selected rental unit, he will authorize the Manager to view the application on the Website, including all Tenant Application Information.
Upon completion of the application, Tenant will be required to provide personal information ("Background Check Information") and authorize the Landlord and BuildBlock to access his Nationwide Criminal History Check and Credit Report/Score (the "Background Check"). Tenant will leave the Website and be redirected to a third-party service provider's site to authorize and complete the Background Check. BuildBlock has no control over the contents of such third-party site or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If Tenant decides to access any of the third party websites linked to this Website, Tenant does so entirely at your own risk and subject to the terms and conditions of use for such websites. Once the third-party service provider has completed the Background Check, it will be available on the Website, via a secure API, for Managers to view until the Manager rejects such Tenant's application or until the Manager and Tenant enter into a lease with respect to the rental property, whichever date is earlier.
Once the Manager has received the Tenant Application Information and Background Check, Manager shall either accept or deny such Tenant application on the Website.
Manager represents and warrants that he has read and accepted the BuildBlock Fair Housing Policy and is in compliance with all federal and state laws in his decision to accept or deny a Tenant for a particular rental property and is any postings and Unit Information. Manager further represents and warrants that all information provided on the Service, including, without limitation, the Unit Information, is true and accurate and does not violate any federal, state, local or international law or regulation. Tenant represents and warrants that all information provided on the Services, including, without limitation the Tenant Application Information and the Background Check information, is true and accurate and does not violate any federal, state, local or international law or regulation. Users acknowledge that BuildBlock does not verify the identity or accuracy of any User information provided on the Services nor does BuildBlock warrant the accuracy, completeness or usefulness of any of the information provided on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.2 Create Customized Lease Agreements.
Once a Manager has accepted an application for a rental unit, Manager may use the Services to generate a lease based on Manager's already-existing lease template or design a template from a set of options provided on the Website. Once the lease template is acceptable, Manager submits the lease template on the Website and BuildBlock will populate the lease with Tenant-specific information provided by Tenant in the Tenant Application Information. Manager will then have the option to review the lease and send it to the Tenant. The lease will be sent to Tenant for review. Tenant may sign an acceptable lease on the Website or submit comments or changes to Manager for review. Once Tenant has signed the lease on the Website, Manager will have the option to countersign on the Website, and the fully-executed lease will be available for both Users to view through the Services. Each User represents and warrants that he has the full right, power and authority to enter into any lease signed using the Services and that the lease constitutes a binding agreement of such User. Any disputes between Manager and Tenant with respect to the lease must be resolved outside of the Services and Website. BuildBlock does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the content of any lease agreements.
3.3 Move-In and Move-Out Checklist.
Within seventy two (72) hours of a Tenant moving into a rental unit, Tenant must submit the move-in checklist on the Website. Tenant may upload photographs and/or videos in connection with the move-in checklist to show prior damage or make a maintenance request to Manager.
At the end of a lease, within thirty (30) days, Manager must complete a move-out checklist for the unit on the Website. The move-out checklist will document any damage to the unit attributable to the Tenant that will be netted against Tenant's security deposit, if a security deposit was collected by Manager. Tenant will be able to view an itemized list of damages on the Website, along with an estimate of the cost to fix the damage.
Any disputes between Manager and Tenant with respect to damages to a unit or security deposits must be resolved outside of the Services and Website. BuildBlock does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the use of the unit or the assessment of damages to a unit. BuildBlock does not guarantee security deposits. We do not warrant the accuracy, completeness or usefulness of any of the information provided on the move-in or move-out checklist. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.4 Online ACH Tenant Payments.
If the Manager participates in the online ACH payment feature of the Services, Tenant payments for rent, late fees, security deposits, or move-in fees ("Tenant Payment(s)") may be paid via ACH.
If Manager would like to accept online payments via ACH, Manager must accept and agree to the ACH agreement on the Service. Manager will specify bank account information and the rental unit and related Tenant that will make payments into such account. A Manager that operates more than one unit on the Service has the option to specify several bank accounts and separate unit deposits into different accounts.
Tenant may make online payments via ACH on a recurring basis (for rent) or on a one-time basis. To enable this feature of the Services, Tenant will be required to enter bank information and authorize BuildBlock to debit (either once or on a recurring basis) the Tenant Payment. BuildBlock will save Tenant bank information on secure servers unless Tenant requests that BuildBlock delete such information by contacting info@buildblock.io.
All Tenant Payments made via the ACH payment feature of the Services will be transferred to one of several accounts held by BuildBlock until the ACH has been cleared by the Federal Reserve and Tenant's bank. Once the ACH transfer has been cleared by the Federal Reserve and Tenant's bank, BuildBlock shall initiate an ACH transfer to Manager in the amount of the Tenant Payment, less any processing or convenience fees. If Manager accepts security deposit and rent payments via the ACH payment feature of the Services, Manager must have separate accounts for these funds and designate them as "rent account" or "security deposit account" on the Services. A typical process may take up to four (4) days for Manager to receive the Tenant Payment. For a Tenant Payment to be considered paid on time, Tenant must schedule or initiate the ACH rent transfer no later than 2:00 pm CST on the date the Tenant Payment is due, and such payment must not be rejected non-sufficient funds ("NSF").
If a Tenant Payment is rejected for NSF, BuildBlock will be notified within three (3) business days, and BuildBlock will notify the Manager and Tenant of the rejection and the related NSF fee within one (1) business day of our notification that the payment was rejected. It will be the Tenant's responsibility to initiate a new ACH transaction or to make the Tenant Payment in some other manner and pay BuildBlock the NSF fee. It will be the Manager's responsibility to assess a late Tenant Payment fee, if any, to Tenant. Tenant will be required to pay the NSF fee, and any late fees assessed by the Manager, on or before the initiation of any new ACH transaction through the Website. If Tenant does not pay the NSF fee via ACH within sixty (60) days of the notification of such NSF fee, Tenant hereby authorizes BuildBlock to charge Tenant's credit card on file for the amount of the NSF fee. If Tenant does not have a current credit card on file and fails to pay the NSF fee within the sixty (60) day period referred to above, Manager hereby authorizes BuildBlock to charge Manager's credit card on file for the full amount of the NSF fee.
During the time that the Tenant makes Tenant Payments to the Manager through the Services, both Parties agree to ensure that all bank account, ACH information, and credit card information up-to-date and accurate.
Either User may cancel the ACH payment feature at any time by contacting info@buildblock.io, as long as a current ACH transaction is not in process. If a current ACH transaction is in process, such transaction will be finalized before BuildBlock disables this feature of the Service.
BUILDBLOCK IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
3.5 Maintenance Requests.
Tenant may submit maintenance requests on the Website through an online form that describes the nature of the issue and upload a photo or video, if necessary. Manager will be able to view and manage these requests on the Website. Manager may choose to send the request to a preferred contractor or select a contractor from a list of available contractors based on the type of maintenance issue and the location of the unit. Manager will be able to associate a cost to the project and upload an image of a receipt for the repair on the Website. BuildBlock does not warrant the accuracy, completeness or usefulness of any of the information provided on the maintenance request or the accuracy or fitness of any information provided from third-parties about potential contractors. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.6 Property Management Reports.
BuildBlock provides reports for Manager based on data from the Website. The Report is a balance sheet of properties that Manager owns or manages, and includes the following: unit address, typical monthly rent, and whether the unit is vacant or occupied. BuildBlock also uses data from any rent collected via ACH and any maintenance requests submitted to prepare a Cash Flow report for Manager, capturing the actual revenue and expenses for a unit, building, or portfolio of properties. Manager may upload performance data to the system (such as rent collection and maintenance expenses) to complete any missing information.
Reports are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.7 Content Management Services for Existing Leases.
For Managers with rental units under existing leases, Manager may upload the existing lease to the Website and invite pre-existing tenants to join the Website to participate in some or all of the Services. Even if Manager's pre-existing tenants opt out of the some or all of the Services, Manager may upload the existing lease to the Website and manually input performance data on those units in order to (1) receive Rent Roll and Cash Flow reports, (2) receive reminders on upcoming events and deadlines, and (3) receive tips on landlord/tenant ordinance compliance.
3.8 Service Availability.
We reserve the right to withdraw or amend this Website, and any Service, function or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
4. Registration Obligation and Account Security
4.1 User Registration.
In order to access the Services, Users must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
4.2 Validation of Identity.
Users authorize Avail, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require BuildBlock to verify the identity of any User on the Website nor will BuildBlock have any liability for failure to verify any User's identity.
4.3 Account Security.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Fees and Payments. BuildBlock reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User's account.
5. Extra Charging Fee Policy
5.1 Manager Access to Platform.
Manager will be charged a monthly subscription fee for the service plan he or she selects for use of the Services. The price paid will be clearly displayed to the Manager before he or she selects the service plan. The access fee will be due monthly on the day of the month Manager started using the Service.
5.2 Tenant Background Check.
Tenant will be charged a fee for each Background Check initiated on the Service.
5.3 Tenant ACH Transactions.
In some instances, Tenant will be charged a $2.00 convenience fee per transaction on any Tenant Payment made through ACH.
5.4 Payment Cancellation; Refund Policy.
For payments you believe were improperly made, BuildBlock may, in its sole discretion, void, rescind, or issue a credit for your Tenant Payment made through the Service at any time prior to the remittance of such Tenant Payment to your Manager. If a payment dispute arises after payment is forwarded to your Manager, the responsibility to settle the dispute rests with you and the Manager.
5.5 Unauthorized Transactions.
BuildBlock is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to Tenants.
BuildBlock reserves the right to seek reimbursement from Manager, and Manager will reimburse BuildBlock, if BuildBlock discovers a fraudulent transaction, erroneous or duplicate transaction, or if BuildBlock receives a chargeback or reversal from any Tenant credit card company or bank for any reason. You agree to and acknowledge our right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by BuildBlock in an effort to investigate fraud. Manager agrees that BuildBlock has the right to obtain such reimbursement by charging Manager's account, deducting amounts from future transfers, charging Manager's credit card or any bank account associated with your account, or obtaining reimbursement from Manager by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager's account.
BUILDBLOCK IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
6. Service Cancellation.
Users may cancel the use of the Service at any time effective immediately by contacting us at info@buildblock.io. You will remain liable for all outstanding payments and fees due at the time of cancellation. If you request, BuildBlock will delete your User account, but this request will only delete your personal account and not information that relates to you that is on another User's account (for instance, a signed lease to which you are a party).
7. Prohibited Uses.
In connection with the Services or your use of the Website, you will not:
BuildBlock will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
8. Reliance on Information Posted.
Users acknowledge that BuildBlock does not verify the identity or accuracy of any User or any information User supplies on the Services or Website. Any other information presented on or through the Website, including, but not limited to material presented on our blog, information in Rent Roll Reports, or information in Cash Flow Reports is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User information or any other information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9. Intellectual Property Rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BuildBlock, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for the limited purposes provided in these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicitycly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BuildBlock. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
10. Trademarks.
The BuildBlock name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of BuildBlock or its affiliates or licensors. You must not use such marks without the prior written permission of BuildBlock. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
11. Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers
12. Privacy Statement.
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
If you receive information about another User through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a User's information to a third party or use the information for marketing purposes unless you receive the User's express consent to do so.
13. Links from the Website.
The Website contains links to other sites and resources provided by third parties, including third party service providers to conduct certain parts of the Services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions.
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BUILDBLOCK NOR ANY PERSON ASSOCIATED WITH BUILDBLOCK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BUILDBLOCK NOR ANYONE ASSOCIATED WITH BUILDBLOCK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BUILDBLOCK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation on Liability.
IN NO EVENT WILL BUILDBLOCK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Indemnification.
You agree to defend, indemnify and hold harmless BuildBlock, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any User information you provide on the Website or Services, any use of the Website's content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
18. Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Waiver and Severability.
No waiver by BuildBlock of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BuildBlock to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20. Entire Agreement.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BuildBlock, Inc., dba BuildBlock with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
21. Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@buildblock.io.
BuildBlock, Inc., a California Corporation, dba BuildBlock ("BuildBlock", "we" or "us"), appreciates your use of the Website and Services. We know that privacy is important, so we are providing this Privacy Policy to communicate our policies with respect to your information when you use the BuildBlock Website or Services. Any defined terms used but not defined in this Privacy Policy are defined in the Terms of Use. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our Privacy Policy, you should not use the Website or Services. By accessing or using the Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
1. Information Collection and Use
When you register to use the Services, you provide personal information to set up your account, such as: your name, title, optional photo, email address, birthdate, primary phone number, secondary phone number, emergency phone number, fax number, and mailing address. If you are a property manager (rather than an individual), you may also provide company information, such as: your company name, logo, website url, and number of units managed. All of this information is referred to as your “Account Information”.
If you are a Tenant and wish to submit a rental application for a unit on the Service, you will provide typical personal information necessary for the Manager to evaluate your application, such as: your name, email address, birthdate, primary phone number, secondary phone number, emergency phone number, mailing address, tenant history (including past addresses and landlord information), whether you have pets and how many, your vehicle information, your employment history, your current income information, whether or not you smoke, whether you have filed for bankruptcy in the past seven years, whether you have been convicted of a felony, whether you have ever been evicted from a tenancy, and whether you have ever refused to pay rent. All of this information is referred to as “Tenant Application Information”.
Tenants who submit a rental application for a unit will also be redirected from our Website to the site of a third-party service provider to provide personal information, such as social security number and name, to allow that third-party service provider to run a Background Check to be used in the rental application. Neither BuildBlock nor the Manager has access to the information you provide to the third-party service provider (notably your social security number) in order to perform the Background Check nor does BuildBlock store this information on our servers. You will authorize this third-party service provider to share the results of the Background Check (the “Background Check Results”) with Rentaltuions and the Manager who owns or manages the unit you wish to rent. Once the Background Check Results are complete, the third-party service provider will grant BuildBlock access to the Background Check Results via a secure API, and BuildBlock will share the Background Check Results with the Manager through the Service for his evaluation of your rental application. The Manager will only have access to the Background Check Results until the rental application has been evaluated (accepted or rejected) by Manager. BuildBlock does not store the Background Check Results on our servers nor will BuildBlock retain a copy of the Background Check Results after the rental application has been evaluated (accepted or rejected) by the Manager. Under our Terms of Use, Manager is required to keep your personal Background Check Results private and only use it in connection with the lawful use of the Services.
If you choose to use the ACH payment features of the Services, you will provide personal information required for BuildBlock to process the ACH you request, such as: your bank name, bank routing number, account number, and account holder's name. This information is referred to as your “ACH Information”. BuildBlock will store your ACH Information on secure servers unless you ask us to delete your ACH Information by contacting us at info@buildblock.io.
For the purposes of this Privacy Policy, “Personal Information” shall include Account Information, Tenant Application Information, Background Check Results and ACH Information. At your request, we use your Personal Information to provide the Services on the Website. We may use your Personal Information to contact you to notify you of new services, changes to the Service or third-party services that may be of interest to you. Except as specifically stated in this Privacy Policy, we do not disclose your Personal Information to third parties.
We also collect “Non-Identifying Information” about you, which includes Aggregate Information, Public Information, and Usage Details. This is information that cannot reasonably be used to contact or identify you unless it is coupled with other information. We may aggregate non-personal statistical information that does not individually identify you, such as information concerning gender, location or average rent (“Aggregate Information”). We collect this information directly, such as when you register and indirectly, such as when you use the website or through our third-party service providers. The Aggregate Information we collect is pooled together to help us improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns; store information about your preferences, allowing us to customize our Website according to your individual interests; speed up your searches; and recognize you when you return to our Website.
You also may provide us with information that you ask us to make public by publishing or displaying the information on public areas of the Website or by sharing with third-party sites (“Public Information”). This includes information such as comments on the Website's blog or information about a unit that you list on the Website for rental promotion, including unit information such as: unit type, building name, street name and cross street, address, package delivery, amenities, rent amount, security deposit amount, and optional photos.
Finally, we collect non-personal statistical information about your internet connection, the equipment that you use to access our Website and how you use our website (“Usage Details”). This information is then pooled to allow us to optimize the Website to the internet connections and equipment that is used to visit the Website. We collect this information both directly from you when you provide it to us and automatically as you navigate through and interact with our Website, (i) including details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website and (ii) information about your computer and internet connection, including your IP address, operating system and browser type. The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We use session cookies to keep track of your login information. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Pixel Tags / Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
If we ever couple Non-Identifying Information with your Personal Information, the resulting information will become Personal Information.
2. Third-party Service Providers
We use several third-party service providers in order to efficiently provide our Services to you. These services include such things as web hosting, credit card payment processing, ACH payment processing, email management, maintenance contractor scouting, and Background Check processing. For more information on how Background Checks are handled, please read the section on Background Checks above in Collected Information and Use). Some third-party service providers will collect information directly from you and provide us with relevant data (such as credit card processing companies and the third-party Background Check provider). We may use this information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. Information collected from these third-party services is governed by their privacy policies. You should view the privacy policy of third-party service providers before providing information to them. Other times, we will provide Non-Identifying Information to third-parties in order to enhance our Services. For instance, our Services utilize an API that integrates with Yelp to help Managers find contractors to handle maintenance requests. In order to accomplish this, we provide your ZIP code and a general description of the maintenance request to Yelp in order to facilitate a search of relevant service providers. If you do not want to share your information in this way, you should not use the Website or Services. Even though we do not disclose your Personal Information for these purposes without your consent, if you interact with a third-party, the third-party may have access to your Personal Information.
3. Sharing Information.
We may disclose Aggregate Information and Usage Details about our users, and information that does not identify any individual, without restriction.
Public Information, such as your blog comments or unit information you would like us to promote to potential tenants, is information you ask us to broadcast publicly. We will only share this information with your express consent. Once your Public Information has been shared with the public, it may be searchable by search engines and be delivered to a wide range of users and services. When you share Public Information via the Services, you should think carefully about what you are making public.
We do not disclose your Personal Information except in the limited circumstances described here:
Your Consent: We may share or disclose your Personal Information at your direction in connection with your use of the Services. For instance, (1) when a Tenant asks us to provide the Tenant Application Information to Manager in order to evaluate a rental application, (2) when a Tenant asks us to provide the Background Check Results to a Manager in order to evaluate a rental application, (3) when you ask us to provide reciprocal contact information (emergency and otherwise) for Tenants and Managers who are preparing to enter into a lease or who have entered into a lease, (4) when a Tenant and Manager ask us to exchange information in order to facilitate the negotiation of a lease, (5) when a Tenant makes an ACH payment to Manager via the Services, (6) when a Tenant makes or a Manager responds to a maintenance request via the Services and (7) when a Tenant provides proof of renters insurance, we will share this proof of renters insurance with the Manager.
Service Providers: We may share or disclose your Personal Information to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
Business Transfers: In the event that BuildBlock is involved in a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, your Personal Information held by BuildBlock may be among the assets transferred.
Law and Harm: Notwithstanding anything contrary in this Privacy Policy, we may disclose or share your Personal Information in order to comply with any court order, law or legal process, including to respond to any government or regulatory request or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BuildBlock, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Enforcement: We may disclose your Personal Information in order to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
4. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
Email Communications. If you do not wish to have your e-mail address/contact information used by BuildBlock to promote our own or third parties' products or services, you can choose not to provide your e-mail address or you can opt-out by unsubscribing to the newsletter. This opt-out does not apply to information provided to BuildBlock as a result of a product purchase, warranty registration, product service experience or other transactions.
5. Accessing and Correcting Your Information
You may send us an e-mail at info@buildblock.io to request access to, correct or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
You may request that BuildBlock delete your account by contacting us at info@buildblock.io. This request will only delete your personal account and Account Information. BuildBlock will not delete information that relates to you that is on another User's account (for instance, a signed lease to which you are a party). If you believe information that relates you to on another User's account is inaccurate, contact us at info@buildblock.io.
6. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@buildblock.io.
7. Data Security
We recognize that you are providing sensitive information in connection with your use of the Services and that security is critical to our Services. As such, we take security precautions, and will continue to vigilantly safeguard your sensitive Personal Information. We update our security software with the latest patches frequently. Our servers are maintained by a reputable third-party service provider and housed in a secured facility. We separate the application server (servers that you interact with) and the database servers (servers that store our data). This ensures that users of the Website cannot directly interact with the database. Additionally, our servers are accessible only with a specific RSA key. We encrypt sensitive information, such as bank numbers, routing numbers, employment history and income sources, and all passwords using 256-bit encryption technology.
8. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of the Services on the Website. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@buildblock.io.
9. Changes to Our Privacy Policy
BuildBlock may amend this Privacy Policy from time to time, at its sole discretion. It is our policy to post any changes we make to our Privacy Policy on this page. The date the privacy policy was last revised is identified in this policy. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.
10. Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
info@buildblock.io.
빌드블록은 고객님의 개인정보를 중요시하며, “정보통신망 이용촉진 및 정보보호 등에 관한 법률, 개인정보 보호법, 통신비밀보호법, 전기통신 사업법”등 정보통신서비스제공자가 준수해야할 관련 법규의 규정을 준수하며, 이용자의 권익 보호에 최선을 다하고 있습니다.
빌드블록은 개인정보취급방침을 통하여 고객님께서 제공하시는 개인정보가 어떠한 용도와 방식으로 이용되고 있으며, 개인정보보호를 위해 어떠한 조치가 취해지고 있는 지 알려드립니다.
1. 개인정보 수집 및 이용목적
당사는 최초 회원 가입 또는 서비스 제공을 위한 최소한의 개인정보를 수집하고 이용합니다. 이러한 정보에는 다음 사항이 포함됩니다.
1.1 빌드블록 플랫폼을 이용하는데 필요한 기본정보
| 필수항목 | 계정, 프로필 정보. 회원님의 성명, 전화번호, 이메일 주소. 이러한 정보 중 일부는 회원님이 사용하는 기능, 로그인 방식에 따라 달라질 수 있습니다. |
| 선택항목 | 결제 정보. (관련 법이 허용하는 경우) 정부 발급 신분증 번호 또는 기타 인증 정보, 은행 계좌 또는 결제 계좌 정보 등 |
1.2 임대관리 서비스를 이용하는데 필요한 정보
상단에 서술한 기본정보 외에 수집하는 정보는 아래와 같습니다.
1.3 빌드블록이 제 3자로부터 수집하는 개인정보
당사는 다음과 같은 다른 출처로부터 개인정보를 수집합니다.
2. 수집하는 개인정보 항목 및 수집방법
빌드블록은 회원님께 맞춤화된 서비스를 제공하기 위하여 다음과 같은 목적으로 개인정보를 수집하고 있습니다. 단, 이용자의 기본적 인권 침해의 우려가 있는 민감한 개인정보(인종 및 민족, 사상 및 신조, 출신지 및 본적지, 정치적 성향 및 범죄기록, 건강상태 및 성생활 등)는 수집하지 않습니다.
2.1 빌드블록 플랫폼의 제공, 개선, 개발
2.2 신뢰할 수 있고 더욱 안전한 환경의 조성 및 유지
2.3 광고 및 마케팅의 제공, 맞춤화, 성과 측정 및 개선
2.4 결제 서비스 제공
3. 개인정보의 보유기간 및 이용기간
빌드블록은 이용자의 개인정보를 회원가입(구독)을 하는 시점부터 서비스를 제공하는 기간 동안에만 제한적으로 이용하고 있습니다. 이용자가 회원탈퇴(구독 취소)를 요청하거나 제공한 개인정보의 수집 및 이용에 대한 동의를 철회하는 경우, 또는 수집 및 이용목적이 달성되거나 보유 및 이용기간이 종료한 경우 해당 이용자의 개인정보는 지체 없이 파기 됩니다.
| 보유 항목 | 보유 기간 | 법적 근거 |
| 계약 또는 청약철회 등에 관련 기록 | 5년 | 전자상거래 등에서의 소비자보호에 관한 법률 |
| 대금결제 및 개화 등의 공급에 관한 기록 | 5년 | 전자상거래 등에서의 소비자보호에 관한 법률 |
| 소비자의 불만 또는 분쟁처리에 관한 기록 | 3년 | 전자상거래 등에서의 소비자보호에 관한 법률 |
| 신용청보의 수집/처리 및 이용 등에 관한 기록 | 3년 | 신용정보의 이용 및 보호에 관한 법률 |
| 표시/광고에 관한 기록 | 6개월 | 전자상거래 등에서의 소비자보호에 관한법률 |
| 이용자의 인터넷 등 로그기록/이용자의 접속지 추적자료 그 외의 통신사실 확인 자료 | 3개월 12개월 | 통신비밀보호법 |
4. 개인정보의 제공 및 취급 위탁
빌드블록은 개인정보를 “개인정보의 수집 및 이용목적”에서 고지한 범위 내에서 사용하며, 이용자의 사전 동의 없이 동 범위를 초과하여 이용하지 않습니다.
1) 취급 위탁
빌드블록은 서비스 향상을 위해서 아래와 같이 개인정보를 위탁하고 있으며, 관계 법령에 따라 위탁계약 시 개인정보가 안전하게 관리될 수 있도록 필요한 사항을 규정하고 있습니다.
| 수탁 업체 | 위탁 업무 내용 | 개인정보의 보유 및 이용기간 |
| 스티비(주) | 구독 및 이메일 발송 서비스 운영 | 회원 탈퇴 시 혹은 위탁 계약 종료시까지 |
5. 제 3자에게의 개인정보 제공
빌드블록은 개인정보를 원칙적으로 외부에 제공하지 않습니다. 다만, 아래의 경우에는 예외로 합니다.
6. 동의 거부권 및 불이익
개인정보 수집에 대한 동의를 거부할 수 있으며, 필수동의 항목은 서비스 이용에 반드시 필요한 항목으로 거부하실 경우 서비스 이용이 불가능함을 알려드립니다.
7. 개인정보의 파기절차 및 방법
빌드블록은 원칙적으로 개인정보 수집 및 이용목적이 달성된 후에는 해당 정보를 지체없이 파기합니다. 파기 절차는 다음과 같습니다.
1) 파기절차
회원님이 입력하신 정보는 목적이 달성된 후 내부 방침 및 기타 관련 법령에 의한 정보보호 사유에 따라 일정 기간 저장된 후 파기되어집니다. 개인정보는 법률에 의한 경우가 아니고서는 보유되어지는 이외의 다른 목적으로 이용되지 않습니다.
2) 파기방법
전자적 파일형태로 저장된 개인정보는 기록을 재생할 수 없는 기술적 방법을 사용하여 삭제합니다.
8. 정보주체와 법정대리인의 권리・의무 및 그 행사방법
이용자 및 법정대리인은 등록되어 있는 이용자 본인 혹은 당해 만 14세 미만자의 개인정보 관련하여, 언제든지 개인정보 열람/ 정정·삭제/ 처리정지/ 동의 철회를 요청할 수 있습니다.
이를 위하여 홈페이지의 “마이페이지” 메뉴를 이용하시거나, 대표전화(02-782-1885) 또는 개인정보 보호책임자에게 서면, 전화 또는 이메일로 연락하시면 지체없이 조치하겠습니다.
회사는 다음에 해당하는 경우에는 개인정보의 전부 또는 일부에 대하여 열람/ 정정·삭제를 거절할 수 있습니다.
이용자가 개인정보의 오류에 대한 정정을 요청하신 경우에는 정정을 완료하기 전까지 당해 개인정보를 이용 또는 제3자에게 제공하지 않습니다. 또한 잘못된 개인정보를 제3자에게 이미 제공한 경우에는 정정 처리결과를 제3자에게 지체없이 통지하겠습니다.
회사는 이용자 혹은 법정대리인의 요청에 의해 삭제/ 처리정지된 개인정보는 “3. 개인정보의 보유 및 이용기간”에 명시된 바에 따라 처리하고 그 외의 용도로 열람 또는 이용할 수 없도록 처리하고 있습니다.
이용자의 개인정보를 최신의 상태로 정확하게 입력하여 주시기 바랍니다. 이용자가 입력한 부정확한 정보로 인해 발생하는 사고의 책임은 이용자 자신에게 있으며 타인 정보의 도용 등 허위정보를 입력할 경우 회원자격이 상실될 수 있습니다.
이용자는 개인정보를 보호 받을 권리와 함께 스스로를 보호하고 타인의 정보를 침해하지 않을 의무도 가지고 있습니다. 비밀번호를 포함한 이용자의 개인정보가 유출되지 않도록 조심하시고 게시물을 포함한 타인의 개인정보를 훼손하지 않도록 유의해 주십시오. 만약 이 같은 책임을 다하지 못하고 타인의 정보 및 존엄성을 훼손할 시에는 「정보통신망 이용촉진 및 정보보호 등에 관한 법률」 등에 의해 처벌 받을 수 있습니다.
9. 개인정보 안정성 확보 조치에 관한 사항
(1) 개인정보 보호를 위한 기술적, 관리적 조치
회사는 이용자의 개인정보를 처리함에 있어 개인정보가 분실, 도난, 유출, 변조 또는 훼손되지 않도록 안전성 확보를 위하여 다음과 같은 기술적, 관리적 조치를 강구하고 있습니다.
내부관리계획의 수립 및 시행
접근통제장치의 설치 및 운영
개인정보의 암호화
(2) 링크사이트 제공 방침
회사는 이용자에게 다른 회사의 웹사이트 또는 자료에 대한 링크를 제공할 수 있으며, 빌드블록 웹사이트를 통해 제3자가 개발한 제품 및 서비스를 사용할 수 있습니다.
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