Submissions

Submissions to Build Collective

We (Build Collective) receive a large number of business plans and related materials. Many of these plans and materials are, in fact, similar, which means we cannot sign off on non-disclosure agreements or agree to obligations of confidentiality or non-use regarding information shared with us in any way. If you do share any information with us, you agree that Build Collective and any of our agents are free to use all such information without condition or limit.

Legal Notices

By submitting any information to Build Collective, you acknowledge and agree that you are responsible for any and all information you share with us, and by doing so warrant that you have the necessary rights to do so. You further agree that neither Build Collective nor anyone associated with us is in any way obligated to invest in any business you are associated with. You acknowledge and agree that nothing on our website constitutes financial advice.

By visiting and/or using our website, you acknowledge and agree as follows:

All materials on our website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Build Collective and any other party involved in creating, producing, or delivering this website disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to this website and any affiliated website with which it is linked. Build Collective does not warrant or make any representations regarding the correctness, accuracy, or reliability of the materials, information, opinion, or advice provided in or from this website. Build Collective does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Build Collective, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees and court costs) arising from or in any way related to any third party claims relating to (a) your use of the website or its affiliated services, and (b) your violation of these Terms of Use.

You and Build Collective agree that these terms are the complete and exclusive statement of the mutual understanding between you and Build Collective and supersede all prior agreements and understandings relating to such subject matter. 

You agree that any controversy or claim arising out of or relating to your submission of information to Build Collective and/or your use of the website, the Build Collective systems, services, and/or content shall be submitted to final and binding arbitration to be held in Miami, Florida, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association and its Expedited Procedures (except where those rules conflict with this provision, in which case this provision controls). The arbitrator shall be a practicing attorney with at least ten (10) years’ experience in the publishing industry and shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected by the American Arbitration Association. The proceedings relating to the arbitration, the submissions, pleadings, documents and information provided by the parties in connection with such arbitration, and the findings and decision of the arbitrator, shall be kept confidential, except to the extent necessary to enforce the arbitrator’s decision, and shall be governed by Florida law, except that the Federal Arbitration Act shall apply in regard to interpretation and enforcement of this arbitration.  Any court with jurisdiction may enforce this clause and enter judgment on any award.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO YOUR SUBMISSION OF INFORMATION TO BUILD COLLECTIVE AND/OR YOUR USE OF THE WEBSITE, THE BUILD COLLECTIVE SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

TO THE EXTENT THAT BUILD COLLECTIVE IS FOUND RESPONSIBLE FOR ANY DAMAGES, BUILD COLLECTIVE IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY AND ONLY TO THE EXTENT SUCH DAMAGES ARE COVERED BY BUILD COLLECTIVE’S INSURANCE.  IN NO EVENT SHALL BUILD COLLECTIVE, ITS MEMBERS, ITS MANAGERS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON OUR WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE BUILD COLLECTIVE SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUILD COLLECTIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Our failure to enforce any provision of these submission terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these submission terms as to that breach or any other.

If any provision of these submission terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.