A false notice or counter-notice may give rise to personal liability. This limitation of liability shall: 7. Calculating Actual Damages. License and warranty for your submissions to Sourceable You own the information you provide Sourceable under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. The actual damages must result from a delay in putting the project into operation. So the real difference between the two is whether you are trying to profit from the breach. To achieving this purpose, we encourage our Members to share truthful and accurate information. Or via mail or courier at: Sourceable C/O Mediasource Pty Ltd. ATTN: Legal Department PO Box 6257 Chapel Street North South Yarra, Victoria Australia 3141. Michigan law enforces these clauses. The Black’s Law Dictionary defines ‘Liquidated Damages’ as “An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches; also If the parties to a contract have agreed on Liquidated Damages, the sum fixed is the measure of damages for a breach, whether it exceeds or falls short of the actual damages. We do not guarantee refunds for lack of usage or dissatisfaction. Please note that the Sourceable User Agreement and Privacy Policy are also collectively referred to as Sourceable’s “Terms of Service.”. B. Co. that a liquidated damages provision will not be enforced if there is an “unacceptable disparity” between the liquidated damages and the actual damages. These third-party developers have either negotiated an agreement to use Sourceable’s platform technology or have agreed to our self-service API and Plugin terms in order to build applications (“Platform Applications”). The User may refute a claim by submitting a counter-notice as permitted in these procedures. For example, if your employer failed to pay you $10,000 in minimum wage and overtime, you can receive an additional $10,000 as liquidated damages, for a total of $20,000. We have the right to limit the connections and interactions on the Service. Before there can be any liquidated damages, there have to be actual damages. Data Controllers If you have any concern about providing information to us or having such information displayed on the Sourceable services or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a Member of Sourceable or visit our website. These ‘liquidated damages’ (ie demurrage) represent all the damages which can be recovered by the owner where the laytime is exceeded. In short, when drafting or reviewing liquidated damages provisions for your construction contracts with the assistance of an experienced Virginia construction lawyer, be sure to have them be “indexed” to the prospective damages the parties reasonably consider to be possible when the contract is made. In the event of liquidated damages under Section 74, both the complainant and the defendant may make claims. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy. D. We don’t share any of your personal information with third parties for direct marketing. I. Sourceable Applications Sourceable may offer the Services through applications built using Sourceable’s platform (“Sourceable Applications”). It is critical that an extension of time is applied for within the prescribed time (which can sometimes be as short as three business days). C. Notices and Service of Process In addition to Section 2.h. Specifying a predetermined amount per day, or week, or month of delay relieves the project owner from the risk of being unable to prove actual damages. If you choose to use a Platform Application, you will be asked to confirm acceptance of the privacy policy and user agreement of the third-party developer. Your participation in surveys or polls is up to you. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Notwithstanding the above, you agree that Sourceable shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. B. COMPLAINTS REGARDING CONTENT POSTED ON THE SOURCEABLE WEBSITE Sourceable desires to offer a website where our Users share truthful and accurate information. Sourceable Applications are distinct from third party Platform Applications addressed in Section 4.B. M. Contributions to Sourceable By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Sourceable through its suggestion or feedback systems, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sourceable is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sourceable shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sourceable may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Sourceable rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Sourceable under any circumstances. by Paul Cott will pay to the other if…. We take privacy and security seriously and have enabled HTTPS access to our, in addition to existing SSL access over mobile devices. Liquidated Damages vs Penalty . Liquidated v unliquidated damages - Designing Buildings Wiki - Share your construction industry knowledge. I. Please help keep your account safe by using a strong password. Unless stated otherwise, our current Privacy Policy applies to all information that Sourceable has about you and your account. The parties should be careful to guard against the recovery being overly disproportionate to actual damages. If you have already registered, you should close your account. The case of Andrews v Australian and New Zealand Banking Group Limited [2012] HCA 30 also has profound implications for this area of construction law. Liquidated damages clauses are used because it may be very hard to quantify actual consequential damages. A liquidated damages provision fixes the sum payable as damages for a party’s breach and acts as a liability cap. We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing Sourceable using a mobile device), and the name of your ISP or your mobile carrier. When you share information, others can see, copy and use that information. The case was later settled on terms, including a US$20 million payment by Microsoft to Sun. New partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information. Additionally, you grant Sourceable a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Sourceable, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Sourceable, without any further consent, notice and/or compensation to you or to any third parties. Termination of your Sourceable account includes disabling your access to Sourceable and may also bar you from any future use of Sourceable. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. Whether or not we disable access to or remove content, Sourceable may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Sourceable has received notice of an alleged violation of intellectual property rights or other content violation. We collect information when you visit Sourceable, use our mobile applications, and interact with advertising on Sourceable. Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Liquidated damages clauses can be found in a range of contracts, but are commonly used in construction contracts, especially to deal with delays. A liquidated damages provision fixes the sum payable as damages for a party’s breach and acts as a liability cap. The downside to a liquidated damages clause is that it is not always enforceable. A. Severability If any provision of this Agreement 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 this Agreement will not be affected in any way. We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Please review the changes carefully. Sourceable is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. I. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Sourceable Services, through a generally available web browser, mobile device or Sourceable authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Sourceable or its Members), view information and use the Services that we provide on Sourceable webpages and in accordance with this Agreement. creating or posting a link to a Sourceable web page other than Sourceable’s home page) unless expressly authorized in writing by Sourceable or for the purpose of promoting your profile or a Group on Sourceable as set forth in the Brand Guidelines; Remove any copyright, trademark or other proprietary rights notices contained in or on Sourceable, including those of both Sourceable and any of its licensors; Remove, cover or otherwise obscure any form of advertisement included on Sourceable; Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Sourceable except as expressly permitted in this Agreement or as the owner of such information may expressly permit; Share information of non- Members without their express consent; Infringe or use Sourceable’s brand, logos or trademarks, including, without limitation, using the word “Sourceable” in any business name, email, or URL or including Sourceable’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Sourceable; Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; Use bots or other automated methods to access Sourceable, add or download contacts, send or redirect messages, or perform other similar activities through Sourceable, unless explicitly permitted by Sourceable; Access, via automated or manual means or processes, Sourceable for purposes of monitoring Sourceable availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Sourceable’s website; Attempt to or actually access Sourceable by any means other than through the interfaces provided by Sourceable such as its mobile application or by navigating to http://www.sourceable.net using a web browser. 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