Terms of Use

David Bucovy Architect (“DBA”) is a client-centric, collaborative architecture firm in its projects (the “Services”). By using our website, www.davidbucovyarchitect.com (the “Website”), you agree to be bound by these Terms (the “Terms”) and our Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice. Your continued access to the Website or our Services signifies your acceptance of the updated or modified Terms.

YOUR USE OF THE WEBSITE

As a condition of your use of the Website and Services, you agree to do the following: (a) comply with all applicable laws, including, without limitation, privacy laws and intellectual property laws, (b) provide accurate information to us and update it as necessary; and © review and comply with notices sent by DBA concerning the Website and Services.

OWNERSHIP AND INTELLECTUAL PROPERTY

DBA (or its licensors) owns and/or legally licenses all content on the Website, including all features, text, illustrations, photographs, computer drawings, graphics, images, designs, code, compilations, and other components of the Website (“Content”). The Website and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, DBA and its licensors exclusively own all right, title and interest in and to the Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content. You may not use, publish, reproduce, copy, modify, upload, transmit, post, or distribute the Content in any way, without the prior written consent of DBA. The materials on the Website are provided for informational purposes only.

All trademarks, service marks, logos, trade names and any other proprietary designations of DBA used herein are trademarks or registered trademarks of DBA or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of DBA. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

DISCLAIMER

To the fullest extent permissible under applicable law, we provide the website and all content contained therein, and the services, on an “as is” and “as available” basis with all faults, without warranty of any kind, and your use is at your sole risk. DBA does not provide any express warranties or representations of quality, accuracy, or reliability of the website, content or services. DBA does not guarantee that the website will function without interruption or errors in functioning. DBA disclaims all liability for damages caused by such interruption or errors in functioning.

DBA disclaims all warranties, expressed or implied, with respect to the website, content and services, including any warranties of merchantability or fitness for a particular purpose, title, accuracy, or non‐infringement. DBA does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies in the website, the content and the services. DBA makes no representations about the suitability of the website or services or any information contained therein for any purpose.

LIMITATION OF LIABLITY

To the maximum extent permitted by law, in no event shall DBA be liable to you or any third‐party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the website or services, even if DBA has been advised of the possibility of such damages. Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or relating to these terms will at all times be limited to the amount paid by you for the services giving rise to such claim in the calendar year in which such claim arose.

IDEMIFICATION

You agree to indemnify, defend, and hold DBA harmless from and against any and all third‐party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, or (2) your use of the Website or any activity in which you engage on or through DBA.

LINKS TO THIRD-PARTY SITES

The Website may include links to third-party websites. DBA is not responsible for and does not endorse any content, services, products or other materials on or available from third-party sites. Your use of third-party sites is done so at your own risk. DBA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third-party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.

CHOICE OF LAW; ATTORNEYS’ FEES
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the State of New York notwithstanding of any conflicts of law principles. In the event of any dispute between us concerning the terms and provisions of these Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

GENERAL

You agree that these Terms constitute the entire, complete and exclusive agreement between you and DBA regarding the Website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way. Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, DBA for any third-party that assumes our rights and obligations under the Terms.

If you have any questions about these Terms, please reach out to us at studio@davidbucovyarchitect.com