Common use of Marketplace Clause in Contracts

Marketplace. Builder may from time to time recommend, provide you with access to, or enable third party software, applications, products, services, consultants, or website links (collectively, “Third Party Services”) for your consideration or use, including via the Builder Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to this Agreement, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers. Any use by you of Third Party Services offered through the Services, Builder Marketplace or Builder’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Builder may receive a revenue share, commission, or other payments from Third Party Providers that Builder recommends to you or that you otherwise engage through your use of the Services. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Builder has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Builder’s websites, including the Builder Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Builder. Builder does not guarantee the availability of Third Party Services and you acknowledge that Builder may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Builder is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Builder strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Builder is not responsible for any disclosure, modification or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other materials. The relationship between you and any Third-Party Provider is strictly between you and such Third Party Provider, and we are not obligated to intervene in any dispute arising between you and a Third Party Provider. Under no circumstances will Builder be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Builder has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Builder partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third Party Provider.