Legal
Arbitration Provision
This Arbitration Provision (“Arbitration Provision”) applies to certain interactions as described herein that occur between the party accepting this Arbitration Provision (“you,” “user,” or “visitor”) and PRGB, Inc., and its affiliates, subsidiaries, divisions, employees, directors, officers, shareholders, governors, managers, and members (collectively, “Build”).
This Arbitration Provision applies to your use of Build’s websites, including getbuild.com (each, a “Site”), Build’s mobile applications (each, an “Application”), and the products and services offered, operated, or made available by Build through the Sites or the Applications (collectively, with the Sites and the Applications, the “Services”).
- Effect of Arbitration Provision; Right to Reject. (i) Unless prohibited by applicable law and unless the user rejects the Arbitration Provision in accordance with subsection (a)(ii) below, user and Build agree that either party may elect to arbitrate or require arbitration of any Claim under this Arbitration Provision. (ii) If the user does not want this Arbitration Provision to apply, the user may reject it within thirty (30) days of the user’s initial agreement to this Arbitration Provision. Rejection may be achieved only by delivering to Build at 256 West Data Drive, Draper, Utah 84020, Attn: Arbitration Opt-Out, a written and signed rejection notice which: (A) provides the user’s name and address; and (B) states that the user is rejecting the Arbitration Provision. If the user wants proof that he or she sent such a notice, the user should send the rejection notice by “certified mail, return receipt requested.” If the user does, Build will reimburse the user for the postage upon the user’s request. Nobody else can reject arbitration for the user (except an attorney at law that the user has personally retained); this is the only way the user can reject arbitration. The user’s rejection of arbitration will not affect the user’s right to use the Services.
- Certain Definitions. As used in this Arbitration Provision, the following terms have the following meanings:
- “Related Parties” means third parties that the user brings a Claim against at the same time that the user brings a Claim against Build or any other Related Party, including, without limitation, any merchant who facilitated the user’s access to the Services.
- “Claim” means any claim, dispute, or controversy between the user and Build (including any Related Party) that arises from or relates in any way to the user’s use of the Services; any of Build’s marketing, advertising, solicitations, and conduct relating to Build’s promotion of its products and services, including the Services; or Build’s disclosure of or failure to protect any information about the user. “Claim” is to be given the broadest reasonable meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs), and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory, or other equitable relief. Despite the foregoing, “Claim” does not include any individual action brought by the user in small claims court or the user’s state’s equivalent court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof (including, without limitation, subsections (6)(iii), (6)(iv) and/or (6)(v) (the “Class Action and Multi-Party Claim Waiver”), the last sentence of subsection (10) and/or this sentence); all such disputes are for a court and not an arbitrator to decide.
- “Proceeding” means any judicial or arbitration proceeding regarding any Claim.
- “Complaining Party” means the party who threatens or asserts a Claim in any Proceeding.
- “Defending Party” means the party who is a subject of any threatened or actual Claim.
- “Claim Notice” means written notice of a Claim from a Complaining Party to a Defending Party.
- All other capitalized terms not defined herein shall have the meaning given to the term in the Terms of Use or Privacy Policy.
- Arbitration Election; Administrator; Arbitration Rules.
- A Proceeding may be commenced after the Complaining Party complies with subsection (11). The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this subsection (c). If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. If the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative or multi-party basis, the Defending Party may then elect to demand arbitration. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If the user demands that Build arbitrate a Claim initially brought against the user in a lawsuit, the user’s demand will constitute the user’s consent to arbitrate the Claim with the administrator of Build’s choice, even if the administrator that Build chooses does not typically handle arbitration proceedings initiated against consumers.
- Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
- Non-Waiver. Even if all parties have elected to litigate a Claim in court, the user or Build may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis), and nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.
- Location And Costs.The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that the user attends will take place in a location that is reasonably convenient for the user. Build will consider any good faith request that the user makes for Build to pay the administrator’s or arbitrator’s filing, administrative, hearing and/or other fees if the user cannot obtain a waiver of such fees from the administrator and Build will not seek or accept reimbursement of any such fees that Build agrees to pay. Build will also pay any fees or expenses that it is required by law to pay or that Build must pay in order for this Arbitration Provision to be enforced. Build will pay the reasonable fees and costs that the user incurs for the user’s attorneys, experts and witnesses if the user is the prevailing party in an arbitration Proceeding or if Build is required to pay such amounts by applicable law or by the administrator’s rules. The arbitrator shall not limit the attorneys’ fees and costs to which the user is entitled because the user’s Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.
- No Class Actions Or Similar Proceedings; Special Features Of Arbitration. IF THE USER OR BUILD ELECTS TO ARBITRATE A CLAIM, NEITHER THE USER NOR BUILD WILL HAVE THE RIGHT TO: (i) HAVE A COURT OR A JURY DECIDE THE CLAIM; (ii) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT THE USER OR BUILD COULD IN COURT; (iii) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (iv) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING THE USER WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT THE USER WOULD HAVE IF THE USER WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
- Getting Information. In addition to the parties’ rights under the administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
- Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (i) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq. (the “FAA”); and (ii) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with subsection (5) of this Arbitration Provision.
- Governing Law. Use of the Services involves interstate commerce and this Arbitration Provision shall be governed by the FAA, and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. To the extent that state law bears on the enforceability of this Arbitration Law, Utah law shall govern. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Survival, Severability, Primacy. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator’s rules, this Arbitration Provision will govern. This Arbitration Provision shall survive any exercise of a self-help remedy; Build’s sale or transfer of the Services or Build’s rights under this Arbitration Provision; and the user’s (or Build’s) bankruptcy. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply. However, if the Class Action and Multi-Party Claim Waiver is declared invalid in a proceeding between the user and Build, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding.
- Pre-Dispute Resolution Procedure. Before a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1) a Claim Notice providing at least 30 days’ written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (ii) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If the user is the Complaining Party, the user must send any Claim Notice to Build at 256 West Data Drive, Draper, Utah 84020, Attn: Legal Dispute (or such other address as Build shall subsequently provide to the user). If Build is the Complaining Party, Build will send the Claim Notice to the user at the user’s address appearing in Build’s records or, if the user is represented by an attorney, to the user’s attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of this Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of subsection (12) of this Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.
- Special Payment. If: (i) the user submits a Claim Notice in an arbitration Proceeding on the user’s own behalf (and not on behalf of any other party), and the user complies with all of the requirements (including timing and confidentiality requirements) of subsection (11); (ii) Build refuses to provide the user with the money damages that the user requests; and (iii) the arbitrator issues the user an award that is greater than the latest money damages that the user requested at least ten days before the date the arbitrator was selected, then Build will pay the user the amount of the award or $7,500, whichever is greater, in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which the user is otherwise entitled. Build encourages the user to address all Claims that the user has in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims the user has asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this subsection 12.
Privacy Policy
Last Updated December 21, 2021
This Privacy Policy (the “Privacy Policy”) describes how PRGB, Inc., its affiliates, subsidiaries, agents, and assigns (collectively, “Build”, “we”, “us”, or “our”) collect, use, and disclose user (“you” or “your”) information when you use our websites, including https://getbuild.com (each, a “Site”), our mobile applications (each, an “Application”), and the products and services offered, operated, or made available by us through the Sites or the Applications (collectively, with the Sites and the Applications, the “Services).
In addition to this Privacy Policy, Synapse Financial Technologies, Inc. (“Synapse”) is our backend software provider, and may partner with loan originators to provide and service the loans (“Loans”) offered to Users. Synapse’s API, and their relationship with the loan originators, enables us to present the Loans to you. By using the Services and agreeing to this Agreement, you also agree that your information may be shared with Synapse and such sharing will be subject to Synapse’s Privacy Policy.
TABLE OF CONTENTS
- What Information Do We Collect?
- How Do We Collect User Information?
- How Do We Use Your Information?
- With Whom Do We Share Your Information?
- How Do We Protect Your Information?
- What Are Your Options Regarding Your Information?
- How Can You Contact Us?
- Will This Privacy Policy Change?
- Third Party Content and Sites.
- California Privacy Rights.
- Children’s Online Privacy Policy.
- What Information Do We Collect? The types of “Personal Information” that we collect about you may include:
- Identifiers such as your name, address, telephone number, email address, social security number, and online usernames and passwords for third-party sites and internet services;
- Government-issues photo identification, such as a driver’s license or passport, photograph, proof of address documentation, and proof of identity documentation;
- Financial information, including your Evolve account number, account transaction history, account information about other linked bank accounts (such as transaction information and balances), and payment card information;
- Occupation and other employment-related information;
- “Usage Information,” including the hardware model, browser, and operating system that you are using, the URL or advertisement that referred you to the Services, all of the areas within the Services that you visit, how you interact with the Services, location information, and mobile network (if applicable), and your IP address or other unique device identifier (“Device Information”) for any computer, mobile phone, or other device that is used to access the Services.
Personal Information, Usage Information, and Device Information shall all be included in the definition of the term “Information” when it is used in this Privacy Policy.
- How Do We Collect Your Information?
- From You. We collect Information that you provide directly to us, both online and offline, in connection with an inquiry about the Services, an application to obtain the Services, or payments for the Services made to us. The Information collected from you will vary depending on the product or service requested.
- Other Sources. We may obtain Information about you from our affiliates and credit bureaus. We may also use certain third parties to complete, validate, or verify Information that you have provided to us in order to assist you in your use of the Services, in order to supplement or validate information already provided by you, or in the prevention or identification of identity theft and fraud.
- Automatic Collection, Cookies, and other Internet Technologies. We also use cookies, web beacons, other standard internet technologies, and certain third parties to collect Information from you, from your device, and about your activities while using the Services. We may automatically collect Information from your browser when you use the Services. Information that you enter while using the Services may be collected even if you cancel or do not submit an application or form.
- Cookies. A cookie is a small text file that is stored on your computer for record keeping purposes. When you use the Services, we may assign your computer one or more cookies to facilitate your access to the Services, personalize your online experience, maintain continuity during your online sessions, and record information about your visit. Cookies may also be used for anti-fraud and information security purposes, Through the use of a cookie, we also may automatically collect information about your online activity on the Services, such as the web pages visited, the links or advertisements clicked on, and other actions taken while using the Services. We may use different kinds of cookies, including HTTP cookies (also known as browser cookies), Local Shared Objects such as Flash cookies, and other similar technologies, such as HTML5 local storage. Most browsers automatically accept cookies, but you can usually modify the browser setting to decline cookies. Flash Cookies, which by their nature are associated with Flash Player, may be removed by managing the settings with Adobe by visiting www.adobe.com. If you choose to decline cookies, please note that some of the features of the Services may not function properly.
- Web Beacons. Web beacons (also known as clear gifs, pixel tags, targeting and re-targeting pixels, third party pixels or web bugs) are small graphic images or other web programming code that may be included in our web pages and e-mail messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how you navigate the Services, or to count how many e-mails that were sent were actually opened.
- Social Networks. The Services may also include social network or other third-party plug-ins and widgets that may provide information to their associated social networks or third-parties about the Services that you use, even if you do not click on or otherwise interact with the plug-in or widget and regardless of whether you have an account or other relationship with these social networks and third parties. Information is transmitted from your browser and may include an identifier assigned by the social network or third-party, information about your browser type, operating system, device type, IP address and the URL of the web page where the plug-in or widget appears. If you use social network tools or visit social networking websites, you should read their privacy policies to learn what information they collect, use, and share.
- How Do We Use Your Information?
- Our Usage. We may use your Information to: i) provide the Services; ii) process, review, determine eligibility, and approve or deny your application for the Services; iii) manage your customer relationship, respond to questions, and provide customer service; iv) recognize you across the Services; v) develop and display content and services tailored to your interests; vi) facilitate and complete transactions that you request; vii) communicate with you via email, telephone, postal mail, and/or your mobile device about the Services, our other products and services, and the products and services of our affiliates and third parties; viii) operate, evaluate, and improve our business and the Services, including to develop new products and services, to perform research, and for audit purposes; ix) analyze usage and performance of the Services and improve your experience and the experience of other users; x) enforce contractual obligations, verify your identity, and to help prevent or identify fraud, unauthorized or criminal activity, claims, and other liabilities; and xi) perform functions as described to you at the time of collection.
During the past 12 months, we have also disclosed the categories of personal information listed above for our business purposes. We have not, however, sold personal information to third parties. We will not sell your Personal Information, except in the event that all or a part of our business is merged, sold, or reorganized.
- Job Applicants. If your Information is submitted when applying for a position with us, the Information will be used solely in connection with considering and acting upon your application. We may retain your Information for a period of time, but only for the purpose of considering your application for current or future available positions or as required by law.
- Our Usage. We may use your Information to: i) provide the Services; ii) process, review, determine eligibility, and approve or deny your application for the Services; iii) manage your customer relationship, respond to questions, and provide customer service; iv) recognize you across the Services; v) develop and display content and services tailored to your interests; vi) facilitate and complete transactions that you request; vii) communicate with you via email, telephone, postal mail, and/or your mobile device about the Services, our other products and services, and the products and services of our affiliates and third parties; viii) operate, evaluate, and improve our business and the Services, including to develop new products and services, to perform research, and for audit purposes; ix) analyze usage and performance of the Services and improve your experience and the experience of other users; x) enforce contractual obligations, verify your identity, and to help prevent or identify fraud, unauthorized or criminal activity, claims, and other liabilities; and xi) perform functions as described to you at the time of collection.
- With Whom Do We Share Your Information?
- Our Businesses. We may share your Information with our affiliates and subsidiaries.
- Service Providers. We may share your Information with third party service providers who provide services to us or on our behalf, including Synapse and Evolve, to assist in providing the Services and to help us understand your use of our products. Service providers include the categories listed in this section 4, along with shipping vendors, billing and refund vendors, payment card processors, Merchants, and other companies that help us operate and improve our products and services. Your Information may be stored and processed by our service providers in the United States or other locations where the service providers or we maintain facilities. Disclosure of your Information to service providers is not a sale, and we do not allow our service providers to use or share your Information for any purpose other than providing services on our behalf.
- Consumer and Credit Reporting Agencies. We may provide your Information to consumer and/or credit reporting agencies and to third parties that provide identity verification and fraud detection.
- Mailchimp. Certain transactional and marketing emails that are sent to you may be sent to you on our behalf by Mailchimp and are subject to Mailchimp’s Privacy Policy.
- Marketing. We may share your Information with select third parties so that they can send you promotional materials about goods and services (including special offers and promotions) on our behalf.
- Third-Party Advertising and Analytics Companies. We may share your Information with network advertisers, ad agencies, and other advertising partners to serve our ads online. We may also use analytics providers to provide us with information regarding the use of the Services and the effectiveness of our advertisements. You may see ads while using the Services and those ads may be served by a third party. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to Information about you. Some of these parties may collect Information over time when you use the Services or other online websites and services.We may share Information, including Information that has been de-identified, with third party advertising companies, analytics providers and other third parties, including for the purpose of serving you more relevant ads.We may use a variety of companies to serve our advertisements. Some of these companies are members of the Network Advertising Initiative or the Digital Advertising Alliance Self-Regulatory Program for Online Behavioral Advertising and you may want to visit the following webpages, which provide “opt-out” mechanisms for participating companies: http://networkadvertising.org/managing/opt_out.asp; http://www.aboutads.info/choices/. You may also be able to opt-out from certain interest-based advertising through your mobile device settings or as described below in the Section titled “What Are Your Options Regarding Your Information.” Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.
- Other Situations. In addition to other sharing described in this section, we may also disclose your Information at our sole discretion: (i) in order to comply with laws or legal processes, including subpoenas or agency orders and investigations under appropriate circumstances; (ii) as we reasonably determine necessary or appropriate to protect property, our rights, or the rights of others; and (iii) to enforce our contracts, policies, and customer agreements. We may also transfer Information covered by this Privacy Policy, including Personal Information, in connection with a merger, sale, or acquisition (including transfers made as part of insolvency or bankruptcy proceedings) of all or part of our business or as part of a corporate reorganization, stock sale, or other change in control.
- How Do We Protect Your Information? We maintain administrative, technical, and physical safeguards intended to protect against the loss, misuse, unauthorized access, and disclosure of Information, including your social security number. Although we take such precautions seriously, it is impossible for us to guarantee the safety and security of your Information. Our policies prohibit the unlawful disclosure of Personal Information. We share Personal Information externally only where federal and state law allows or requires it. Internally, it’s our policy to limit the access, use, and disclosure of Personal Information to be in line with the job duties of our associates, as well as applicable law. Please note that we do not ensure or warrant the security of any Information that we collect, and you use the Services and provide us with your Information at your own risk.
- What Are Your Options Regarding Your Information?
- Accessing and Correcting Personal Information. You may request to access or update the Personal Information that we hold about you. You can access or update your Personal Information in the following ways:
- If you have created an account on the Services, you will be able to update your own contact and payment information, subject to certain limitations.
- Contact us through one of the methods listed in the “How Can You Contact Us?” section within this Privacy Policy. Please include your current contact information, the information that you are interested in accessing, and your requested changes. After authenticating your request, we will provide you with the Personal Information that you requested or make your requested changes if i) the information is reasonably available; ii) the information does not infringe on the privacy of other individuals, and iii) the disclosure or changing of the information is not otherwise prohibited by law or our internal policies or procedures. For all requests, we will reasonably describe the types of Personal Information that we generally collect, how it is used, and with whom it is shared.
- Communications. You may elect to opt-out of email and text communications from us by following the instructions provided in such communications or by contacting us as described in this Privacy Policy. Even after opting out, you may still receive service oriented, non-promotional communications from us and promotional communications from other third parties as a result of their own interactions or transactions with you. Please allow time for us to process requests. You should contact us should there be any concerns about your opt-out request.
- Targeted Advertising. You may opt-out from many third parties who serve online advertising, including some who serve ads on the Services and elsewhere online, by visitinghttp://www.networkadvertising.org/managing/opt_out.asp; or http://www.aboutads.info/choices/. Opting out does not mean you will not see any ads when using the Services, but the ads that you see will no longer be customized to you based on your profile or interactions with us.
- “Do-Not-Track.” Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from your browser. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
- Accessing and Correcting Personal Information. You may request to access or update the Personal Information that we hold about you. You can access or update your Personal Information in the following ways:
- How Can You Contact Us? If you wish to contact us regarding your Information, this Privacy Policy, to designate a third party who may communicate with us on your behalf, or to request to access, change, or delete your Personal Information, you may contact us as described below. If you choose to contact us via email or writing, please provide sufficient contact information to allow us to contact you. If you choose to contact us, we will verify your identity using an appropriate method of verification based on the type of request. These methods may include one or more of the following: email address verification, proof of residency displaying your name and principal residence address, or proof of identity using government issued identification.
Email: privacy@getbuild.com
Phone: 877-898-1970 between 9 a.m. and 5 p.m. Mountain Time, Monday through Friday
Write: PRGB, Inc., 256 W Data Drive, Draper, UT 84020
- Will This Privacy Policy Change? This Privacy Policy may be updated periodically to reflect relevant changes in our information practices. We will notify you of material changes by posting the changed or modified Privacy Policy via the Services. We may also provide notice to you in other ways in our discretion, such as through contact information that you have provided. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified, and your continued use of the any of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. You may be required to consent to our new policies in order to continue to use the Services.
- Third Party Content and Sites. The Services may contain content, services, advertising and other materials that link to websites operated by third parties. We have no control over those other websites, and this Privacy Policy does not apply to them. You should refer to the privacy policies of those websites.
- California Privacy Rights. If you are a California resident, you may ask us to refrain from sharing Personal Information with third parties for their own direct marketing purposes. You must indicate your preference by contacting us as described above. It may take us up to thirty (30) days to fully process a request.
California residents also have the right to access their information, the right to request deletion, and the right to know what information we disclose to third parties for business purposes. Requests for access, deletion, and to know what we share with others should be submitted as described in the “What Are Your Options Regarding Your Information?” and “How Can You Contact Us” sections.
We will not discriminate against California residents who exercise their rights under this section.
- Children’s Online Privacy Policy. The Services are not directed to children under the age of 13, and we do not knowingly collect, disclose, or sell Information from children under the age of 13 through the Services.
FEDERAL PRIVACY NOTICE
Rev. 12/21
FACTS |
WHAT DOES PRGB, INC. DO WITH YOUR PERSONAL INFORMATION? |
Why? |
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. |
What? |
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
|
How? |
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons PRGB, Inc. chooses to share; and whether you can limit this sharing. |
Reasons we can share your personal information | Does PRGB, Inc. share? | Can you limit this sharing? |
---|---|---|
For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus |
Yes | No |
For our marketing purposes— to offer our products and services to you |
Yes | No |
For joint marketing with other financial companies |
Yes | No |
For our affiliates’ everyday business purposes— information about your transactions and experiences |
Yes | No |
For our affiliates’ everyday business purposes— information about your creditworthiness |
Yes | Yes |
For our affiliates to market to you |
Yes | Yes |
For nonaffiliates to market to you |
No | We don’t share |
To limit our sharing |
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. |
Questions? |
Call us at 888-242-7263 or email us at support@getbuild.com |
Who we are |
|
Who is providing this notice? |
This notice is provided by PRGB, Inc. |
What we do |
|
How does PRGB, Inc. protect my personal information? |
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. |
How does PRGB, Inc. collect my personal information? |
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. |
Why can’t I limit all sharing? |
Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. |
Definitions |
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Affiliates |
Companies related by common ownership or control. They can be financial and nonfinancial companies.
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Nonaffiliates |
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
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Joint marketing |
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
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Other important information |
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Special Notice For State Residents For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing-without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us. For Nevada Customers: We are providing you this notice pursuant to Nevada law. If you prefer not to receive marketing calls from us, you may be placed on our Internal Do Not Call List by writing to us at 256 W Data Drive, Draper, UT 84020. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protections, Office of the Nevada Attorney General, 555 E. Washington Street, Suite 3900, Las Vegas, NV 89101, phone number (702) 486-3132, email BCPINFO@ag.state.nv.us. For Vermont Customers. We will not share personal information with affiliates or nonaffiliates except as permitted by Vermont law, such as to process your transaction or with your consent. |
Terms of Use
Last Updated April 21, 2022
THIS USER AGREEMENT INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 21 BELOW FOR MORE INFORMATION.
These Terms of Use (the “Agreement”) set forth a legal agreement between you (“you” or “your”) and PRGB, Inc., its affiliates, subsidiaries, agents, and assigns (collectively, “Build”, “we”, “us”, or “our”) regarding your use of our websites, including getbuild.com (each, a “Site”), our mobile applications (each, an “Application”), and the products and services offered, operated, or made available by us through the Sites or the Applications (collectively, with the Sites and the Applications, the “Services”).
- Acceptance of Agreement. The user should carefully read this Agreement before using the Services. By using, accessing, interacting with, or signing up for the Services, you agree that you have read, understand, and agree to be bound by this Agreement. You additionally represent and warrant to us that: (i) you are a legal resident of the United States; (ii) you are of legal age to enter into this Agreement; (ii) you have not previously been suspended, removed or deactivated from the Services; (iv) your use of the Services complies with any and all applicable laws and regulations.
This is a legally binding agreement. If you do not agree with this Agreement, you may not use the Services.
- Privacy Policy. Please read our Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using the Services you agree to our Privacy Policy.
- Modifications of The Agreement and The Privacy Policy. We reserve the right to amend the Agreement and the Privacy Policy at any time and will notify you of any such changes by posting the revised documents on our Sites or Applications. You should check these documents periodically for changes. All changes shall be effective upon posting. We will date the Agreement and the Privacy Policy with the last day of revision. Your continued use of the Services after any changes constitutes your agreement to be bound by any such changes.
- Use of The Services. You represent, warrant, and covenant that you shall not (i) try to reverse engineer, disassemble, decompile, or decipher the Services or any software utilized by the Services, (ii) navigate or search the Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), (iii) use a means other than our provided interface to access the Services, (iv) use the Services in a way that could impair, overburden, damage, or disable any portion of the Services, (v) mirror any material contained on the Services, or (vi) upload, post or transmit to, distribute, or otherwise publish through the Services any materials which (a) restrict or inhibit any other user from using and enjoying the Services, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (e) contain a virus or other harmful component, (f) contain any information, software or other material of a commercial nature, (g) contain advertising of any kind, or (h) constitute or contain false or misleading indications of origin or statements of fact.
Any unauthorized use of the Services, including but not limited to unauthorized entry into our systems, misuse of your Credentials, or misuse of any information posted on or through the Services is strictly prohibited. We make no claims concerning whether use of the Services is appropriate outside of the United States. If you access the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- Updates. We may, from time to time, at our sole discretion and without notice to you, provide updates to the Services that contain, without limitation, bug fixes, patches, or reduced, modified, or enhanced functionality to the Services (“Updates”). We may automatically check the version of an Application that you use and, if applicable, require updates to the Application before providing continued access to the Services. By installing an Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. We reserve the right to temporarily disable or permanently discontinue any and all functionality of the Services at any time without notice and with no liability to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.
- Modification of Agreement. We may, from time to time and at our sole discretion, modify this Agreement. Please check this Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services, or (b) thirty (30) days following the change. Disputes regarding this Agreement or the Services will be resolved in accordance with the version of the Agreement in effect at the time the dispute arose.
- Third-Party Services. Synapse Financial Technologies, Inc. (“Synapse”) is our backend software provider, and may partner with loan originators to provide and service the loans (“Loans”) offered to Users. Synapse’s API, and their relationship with the loan originators, enables us to present the Loans to Users. By using the Services and agreeing to this Agreement, you also agree to Synapse’s terms and policies listed here:
- Synapse Terms of Service: https://synapsefi.com/tos
- Synapse Privacy Policy: https://synapsefi.com/privacy
- Fees. There are no fees for accessing or using the Services, but there may be fees associated with your Loan. Please refer to the Synapse Terms of Service concerning such fees. These fees may change from time to time.
- Accounts.
- Account Creation. In order to use the Services, you must create an account (an “Account”) with us. To create an Account, you may be asked to provide certain registration details or other information. You agree that you will use Services only for your own behalf. You agree that the information you provide to us on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. As part of registration, you will be asked for or provided with certain credentials, potentially including a username, password, verification code, or any other piece of information reasonably required as part of our security procedures (collectively, your “Credentials”). You must treat your Credentials as confidential, and you must not disclose them to any other person or entity. You will be solely responsible for any activities or actions take under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your Credentials or Account. We are not liable for any loss or damage from your failure to comply with these requirements.
- Identity Verification. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.
- Limitations on Accounts. You may not create more than one (1) Account. Each unique mobile device may not be associated with more than two (2) user Accounts. Users who attempt to associate an excessive number of mobile devices with a single user Account may be deemed to have violated this Agreement and may be subject to Account suspension or closure.
- Credit Information.
- Written Instructions to Access Data. You understand that by creating an Account, you are providing “written instructions“ in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA“), for Build and its service providers, which may include CSIdentity Corporation (“CSID”), to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Build and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting, and scoring products.
- VantageScore 3.0 Credit Score. VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk. There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file. There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
- Communications.
- Text Messages and Phone Calls. By providing us with a telephone number for a cellular phone or other wireless device, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages and phone calls from us or on our behalf at the phone number provided. You may also choose to receive marketing or promotional text messages from us. You understand that choosing to receive marketing or promotional messages is not a condition of using the Services. You agree to promptly alert us whenever you stop using a telephone number. Standard message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages.
- Intellectual Property Rights. We own and operate the Services. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Materials”) are owned exclusively by us or our licensors or suppliers and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Materials unless in accordance with written authorization by us. All rights related to the Materials are hereby reserved.
- Feedback. You may offer or be asked to offer recommendations, suggestions, ideas, derivations, enhancement requests, or other feedback concerning the Services (“Feedback”). You hereby assign us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit any Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
- User Content. Excluding Feedback, we do not claim ownership of the content that you provide, upload, submit or send to us through the Services. You understand and agree that all materials transmitted on or through the Services are your sole responsibility, and that you are responsible for all material you provide, upload, submit or send to or through the Services. When you provide us with content through the Services, you grant us a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. We will not compensate you for any of your content. You acknowledge that our use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against us.
- Third-party Websites and Content. Where we provide links from or to third-party websites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any websites linked from or to the Services, the content of those websites, the third parties named therein, or their products, resources or services. Linking to or navigating to any other website is at your sole risk and we will not be responsible or liable for any damages in connection with linking or navigating to such website.
- Termination. We may terminate this Agreement at any time without notice or suspend or terminate your access and use of the Services at any time, with or without cause, in our absolute discretion and without notice. You understand and acknowledge that, upon termination of this Agreement, we will have no further obligation to provide or allow access to your Account or the Services. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. We are not liable to you or any third party for termination of the Services or termination of your use of the Services. Termination of this Agreement will not affect accrued rights, indemnities, liabilities, the dispute resolution provisions of Section 21, or any other contractual provision intended to survive termination.
- NO LEGAL, TAX, OR FINANCIAL ADVICE. ALL MATERIAL THAT WE DISPLAY ON THE SERVICES IS FOR INFORMATION-PURPOSES ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL, TAX, OR FINANCIAL ADVICE OR A SUBSTITUTE FOR SUCH ADVICE. WE ENCOURAGE YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING ANY OTHER FINANCIAL DECISION.
- Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend and hold Build and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our prior written consent.
- DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BUILD EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (2) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE SERVICES, INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Dispute Resolution. You agree that any dispute between you and Build arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be governed by our Arbitration Agreement. Except as otherwise provided in the Arbitration Agreement, which is governed by the FAA, this Agreement and all related claims are governed by the laws of the State of Utah, without regard to conflict-of-law rules.
- Miscellaneous. This Agreement, together with the Privacy Policy,Arbitration Agreement, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Build regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
- Contact Information. If you have any questions regarding Build, the Services, or this Agreement please contact us as follows:
Email: support@getbuild.com
Phone: 888-242-7263
Mail:PRGB, Inc.
256 W Data Dr.
Draper, UT 84020To report a complaint or ask a question related to your Loan, you should contact Synapse at help@synapsefi.com
E-Sign Consent
E-Sign Disclosure and Consent Notice
This E-Sign Disclosure and Consent Notice (“Notice”) applies to all communications, as defined below, for services provided by PRGB, Inc. and its affiliates, subsidiaries, and divisions (collectively, “Build”, “we”, or “us”). Under this Notice, communications that you receive in electronic form from us will be considered “in writing.”
This Notice applies to all information that we provide to you in connection our websites, including https://getbuild.com (each, a “Site”), our mobile applications (each, an “Application”), and the products and services offered, operated, or made available by us through the Sites or the Applications (collectively, with the Sites and the Applications, the “Services”). For purposes of this Notice, the Services also include any services made available by Synapse Financial Technologies, Inc. and its partner financial institutions.
By using our electronic and online Services, you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below.
If you do not agree to the legally-required notices and communications described herein in electronic and not paper form, you may not use the Services.
- Covered Communications. Covered communications (“Communications”) may include, but are not limited to, disclosures and communications we provide to you regarding the Services such as:
- Terms and conditions, privacy policies, account holder agreements, customer agreements, and changes, amendments, or modifications to those documents;
- All legal and regulatory disclosures and communications associated with the Services, including e-statements or other periodic statements;
- All tax statements and related communications, including, but not limited to, forms 1099-INT and 1099-MISC;
- Payment disclosures, notices, receipts, and confirmations;
- Customer service communications and responses to claims and disputes;
- All other communications concerning the Services and any related transactions, products or services.
Unless you tell us otherwise in accordance with the procedures described below, we will electronically provide you with all Communications that are required to be provided or made available to you during the course of our relationship with you.
- Methods of Providing Communications. We may provide Communications to you by email or by making them accessible via the Services. Communications will be provided online and viewable using browser software or PDF files. You will be able to print Communications and/or have them e-mailed to you. At any time, you may request from us a paper copy of any Communication made available electronically to you by us. You may request delivery of such paper copies from us by following the procedure described below. Periodic statements will be made available by logging into your account. You will not receive a notification when your periodic statement is available to be viewed. You are responsible to retrieve the periodic statement(s) from the Services.
- Updating Your Contact Information. It is your responsibility to keep your primary email address current so that we can communicate with you electronically. You understand and agree that if we send you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Online Services until we receive a valid, working primary email address from you.
If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add us to your email address book so that you can receive Communications by e-mail.
- Withdrawing Your Consent. You may at any time withdraw your consent to receive electronic Communications as described below. If you withdraw your consent, we may stop providing you with the Services. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
- Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- How to Contact Us. You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
- Email: support@getbuild.com
- Phone: 888-242-7263 between 8 a.m. and 5 p.m. Mountain Time, Monday through Friday
- Write: PRGB, Inc., Attn: Customer Support, 256 W Data Drive, Draper, UT 84020
- Required Hardware and Software. To access and retain electronic Communications, you must have:
- A valid email address (we may request that you respond to an email to demonstrate you are able to receive Communications);
- A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form;
- Sufficient storage space to save the notices, disclosures, contracts, or other Communications that we send to you (whether presented online, in e-mails or PDF) or the ability to print the documents.