TERMS OF USE
Effective Date: January 29, 2025
1. Introduction
Welcome to https://thebuildersboard.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Round Peg Solutions, LLC dba Builders’ Board (the “Company,” “us,” “we,” or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website, including our sub-domains for our products—like Loop CRM and dashboard services (collectively, the “Services”).
2. Acceptance of this Agreement
2.1 Acceptance Through Using or Accessing the Services
Please review the following terms carefully. By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
2.2 Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be:
At least 18 years old,
A resident of the United States, Canada, or the United Kingdom, and
Not a competitor of or using the Services for purposes that are competitive with the Company.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
3. Changes to this Agreement
The Company reserves the right to change this Agreement from time to time at its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
4. Access to the Services
4.1 Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
4.2 Creating an Account
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://loopcrm.co/privacy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
4.3 Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you, and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra 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. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
4.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
5. Policy for Using the Services
5.1 Prohibited Uses
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.
5.2 Prohibited Activities
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations – Violate any applicable laws or regulations.
No Unsolicited Communications – Send any unsolicited advertising, spam, or junk mail.
No Impersonation – Impersonate others or misrepresent your affiliation with a person or entity.
No Harming of Minors – Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
No Interference with Others’ Enjoyment – Harass or interfere with anyone’s use or enjoyment of the Services.
No Interference or Disabling of the Services – Use any device, software, or routine that interferes with the proper working of the Services.
No Monitoring or Copying Material – Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes.
No Viruses, Worms, or Other Damaging Software – Upload, transmit, or distribute viruses, Trojan horses, worms, logic bombs, or other harmful software.
No Unauthorized Access or Violation of Security – Attempt to gain unauthorized access to the Services or other systems.
6. Geographic Restrictions
The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.
7. Terms and Conditions of Sale
7.1 Purchasing Process
By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
7.2 Order Submission
When you submit an order, the following applies:
The submission of an order determines contract conclusion and creates an obligation for you to pay the price.
If the purchased Services require active input from you, such as the provision of personal information or data, the order submission creates an obligation for you to cooperate accordingly.
Upon submission of the order, users will receive a receipt confirming that the order has been received.
All notifications related to the purchasing process shall be sent to the email address provided by you for such purposes.
7.3 Prices
You are informed about any fees, taxes, and costs (including, if any, delivery costs) that will be charged during the purchasing process. Prices of the Services may change due to market conditions or other factors at any time. Our plans and features of plans, or offers may change due to availability, pricing, or other factors at any time.
7.4 Methods of Payment
Information related to accepted payment methods is made available during the purchasing process. Some payment methods may be available only under additional conditions or fees, which will be specified in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information, such as credit card details, but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
7.5 Retention of Usage Rights
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
7.6 Subscriptions
Subscriptions allow you to receive Services continuously or regularly over a determined period. Paid subscriptions begin on the day the payment is received by the Company. To maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so will cause service interruptions.
7.6.1 Fixed-Term Subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
7.6.2 Automatic Renewal
Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or the Website. The renewed subscription will last for a period equal to the original term.
7.6.3 Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document below. Upon termination of your account, you will lose access to your account and account data. You will no longer be charged for future periods. Your account data, any phone numbers, and/or other data in your account will be permanently deleted and irrecoverable. The Company does offer an option to eject Loop CRM accounts to HighLevel upon request.
7.6.4 Termination Notice
If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.
7.7 Refunds
7.7.1 Nonrefundable Fees
All fees assessed by the Company are non-refundable, including subscription fees, communication surcharges, and the Company’s resale of third-party services, regardless of whether you actually accessed or used the Services during your subscription period.
7.7.2 Prepaid and Minimum Commitment Subscriptions
Some subscriptions for Services require a non-cancelable minimum subscription commitment that cannot be canceled until the commitment is fulfilled. Fees for such commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.
7.7.3 Wallet Credit Refunds
When your Services are canceled, terminated, or expired, it is your sole obligation to request a refund for any amounts remaining in your account’s “wallet.” Any amounts remaining in the “wallet” for over thirty (30) days after expiration, termination, or cancellation of your account will automatically become the property of the Company.
8. Intellectual Property Rights
8.1 Ownership of Intellectual Property
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
8.2 License to Use the Services
During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
8.3 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
No Copying or Distribution – You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
No Modifications – You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
No Exploitation – You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
No Altering of Notices – You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
No Competition – You shall not access or use the Content in order to build a similar or competitive website, product, or service.
Systematic Retrieval – You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content or other data from the Services.
8.4 Trademark Notice
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
9. User Content
9.1 User-Generated Content
The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.
You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.
You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.
9.2 License
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy (https://loopcrm.co/privacy) to the extent they relate to any User Content that contains any personally identifiable information.
9.3 Content Standards
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
Violate Laws or Obligations – Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
Promote Illegal Activity or Harm to Others – Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
Infringe Intellectual Property Rights – Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
Defamatory, Abusive, or Otherwise Objectionable Material – Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable.
Promotion of Sexually Explicit Material or Discrimination – Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Fraudulent Information or Impersonation – Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person, including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
Endorsement by the Company – Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
9.4 Monitoring and Enforcement
We reserve the right at all times, but are not obligated, to:
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
Remove or reject any User Content for any or no reason in our sole discretion.
Disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.
We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees, or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
10. Copyright Infringement (Digital Millennium Copyright Act Policy)
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
A description of the copyrighted work that you allege has been infringed.
A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
A description of where the material that you claim is infringing is located.
Your contact information, including your address, telephone number, and email address.
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated copyright agent for the Company:
NAME: Tom Houghton
ADDRESS: PO Box 45710, Omaha, NE 68145
TELEPHONE: (402) 999-0855
EMAIL: support@thebuildersboard.com
11. Assumption of Risk
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents.
12. Privacy
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://loopcrm.co/privacy). You agree that by using the Services, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
13. Termination
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
13.1 Effect of Termination
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
14. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services.
17. Disputes
17.1 Governing Law
All matters relating to this Agreement shall be governed by the laws of the State of Nebraska, without giving effect to any conflict of law principles.
17.2 Dispute Resolution
Any action arising out of or related to this Agreement shall be brought only in a state or federal court located in the State of Nebraska. At the Company’s sole discretion, any dispute, claim, or controversy arising out of or relating to this Agreement may be submitted to binding arbitration under the rules of the American Arbitration Association in Omaha, Nebraska.
18. Miscellaneous
18.1 Waiver
No failure or delay by the Company in exercising any right or remedy under this Agreement shall operate as a waiver thereof.
18.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.3 Entire Agreement
This Agreement, along with all referenced documents, constitutes the entire agreement between you and the Company regarding the Services.
18.4 Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@thebuildersboard.com.