Construction Connectivity – Terms of Service
Construction Connectivity, Inc. (“Construction Connectivity”, “we”, “us” or “our”) operates a proprietary web-based platform, which powers a number of web-based and app-based services on behalf of its business customers and their end users (for the benefit of their customers) (collectively, the “Construction Connectivity Service”) via one or more website(s) (each, a “Site”; and collectively, the “Sites”) and through its mobile application(s) and related services (such services, the proprietary web-based platform, the Sites, and the Construction Connectivity Service collectively, including any new features or versions or functionality of the Construction Connectivity Service and related services, the “Service”) subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). For clarity, the Service includes any required, usual, appropriate or acceptable methods to perform activities related to the Service, including (a) carrying out the Service or the business of which the Service are a part; (b) carrying out any benefits, rights, and obligations related to the Service; (c) maintaining records relating to the Service; and (d) complying with any legal, regulatory, or self-regulatory obligations related to the Service. We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time. If we make any changes, we will post them here and will indicate the date that these Terms of Service were last revised at the top of this page. We will also notify you of any material changes to these Terms of Service through a pop-up notice, the Service’s user interface, in an email notification or through other reasonable means. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Service. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN HAVING THEM RESOLVED BY A JURY OR IN A COURT OF LAW, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CONSTRUCTION CONNECTIVITY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Each end user will need to create and register an account in order to access and use the Service. In creating an account, you agree to comply with each of the terms of the End User License Agreement (the “EULA”). To the extent there is a conflict between the terms of the EULA and these Terms, the EULA will govern.
THE INFORMATION, CONTENT, AND MATERIALS ON A SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, LINKS, TOOLS, CALCULATORS, AND OTHER RESOURCES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION USER-GENERATED CONTENT (AS DEFINED BELOW), WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVERS OR SERVICE THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THE SERVICE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH OR OTHERWISE RELATED IN ANY WAY TO THE SERVICE, INCLUDING WITHOUT LIMITATION, USER-GENERATED CONTENT, NOR WITH RESPECT TO ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SERVICE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
Manufacturer Data. In furtherance of the foregoing, and not in limitation, you expressly acknowledge and agree that any manufacturer data made available to you in connection with your subscription for the Service under your agreement(s) with Construction Connectivity is provided on an “AS IS” and “AS AVAILABLE” basis, and you assume the sole risk in making use of such manufacturer’s data for any products. Construction Connectivity will use its commercially reasonable efforts to include the currently published manufacturer’s data for products included in the Service, including without limitation any designation of data that has been validated by a manufacturer, PROVIDED THAT YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON SUCH MANUFACTURER’S DATA INCLUDED IN THE SERVICE FOR ANY PRODUCT AT YOUR OWN RISK, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE OBLIGATION TO VERIFY THAT THE PRODUCT DATA INCLUDED IN THE SERVICE IS UP-TO-DATE AND ACCURATE, AND IF THERE IS ANY ISSUE OR CLAIM WITH RESPECT TO ANY PRODUCT FOR ANY REASON, YOU WILL MAKE ANY CLAIM ON ACCOUNT THEREOF SOLELY AGAINST THE MANUFACTURER.
Equipment. In furtherance of the foregoing, and not in limitation, you acknowledge and agree that the hardware that we have procured on your behalf from our vendor and/or manufacturer at your request (the “Equipment”) in connection with your subscription for the Service is a material requirement for you to be able to utilize the Service. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONSTRUCTION CONNECTIVITY HAS NO EXPERTISE OR SPECIAL FAMILIARITY ABOUT OR WITH RESPECT TO THE EQUIPMENT. YOU AGREE THAT THE EQUIPMENT IS DELIVERED TO YOU “AS-IS” AND IS OF A QUANTITY SELECTED BY YOU AND THAT YOU ARE SATISFIED THAT THE SAME IS SUITABLE FOR YOUR INTENDED PURPOSES, AND THAT CONSTRUCTION CONNECTIVITY HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF SAID EQUIPMENT FOR THE PURPOSES AND USES REQUIRED BY YOU, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSTRUCTION CONNECTIVITY FURTHER DISCLAIMS ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY TO YOU OR THIRD PARTIES, INCLUDING ANY CUSTOMER OR SUBCONTRACTOR OR OTHER THIRD PARTY THAT MAY CLAIM THROUGH YOU, AS A RESULT OF ANY FAILURE OF THE EQUIPMENT TO PERFORM TO ITS SPECIFICATIONS, OR DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT, WHETHER ARISING FROM THE APPLICATION OF THE LAWS OF STRICT LIABILITY OR OTHERWISE. If the Equipment is not properly installed, does not operate as represented or warranted by the relevant vendor and/or manufacturer, or is unsatisfactory for any reason, you will make any claim on account thereof solely against the vendor and/or manufacturer and will, nevertheless, pay Construction Connectivity all amounts due under your agreement(s) and will not set off against your obligations any such claims as a defense, counterclaim, set-off, or otherwise. So long as you are not in breach or default of your agreement(s) with us, Construction Connectivity hereby assigns to you, solely for the purpose of making and prosecuting any such claim, any rights which Construction Connectivity may have against the vendor and/or manufacturer for breach of warranty or other representation respecting any item of the Equipment. All proceeds of any warranty recovery by you from the vendor and/or manufacturer of any item of the Equipment will first be used to repair or replace the affected item. YOU ACKNOWLEDGE THAT NEITHER THE VENDOR NOR ANY SALESPERSON, EMPLOYEE, REPRESENTATIVE, OR AGENT OF THE VENDOR AND/OR MANUFACTURER IS AN AGENT OR REPRESENTATIVE OF CONSTRUCTION CONNECTIVITY, AND THAT NONE OF THE ABOVE IS AUTHORIZED TO WAIVE OR ALTER ANY TERM, PROVISION, OR CONDITION OF ANY AGREEMENT BY OR BETWEEN YOU AND CONSTRUCTION CONNECTIVITY, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH AGREEMENT.
You hereby irrevocably waive any claim against us with respect to information, content and materials contained on or through the Service, including without limitation, user-generated content.
All information, content, and material contained on the Service are our copyrighted property or the copyrighted property of their respective owners and used with permission by us. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download a copy of the information, content or materials on any single computer for your use only, provided that (i) you keep intact and do not modify in any way all copyright and other proprietary notices; (ii) you make no modifications to the information, content or materials; (iii) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands; and (iv) you do not download information, content or materials so as to avoid future downloads from the Service. The use of any information, content or materials contained on the Service on any other website, computer environment or otherwise, whether in original or derivative form, is strictly prohibited.
Construction Connectivity is unable to accept unsolicited ideas or submissions. By submitting any material to us in connection with your use of the Service or otherwise, you expressly grant to us a royalty-free, non-exclusive, fully transferable, assignable, and sub-licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes (including, without limitation, advertising, promotional and marketing purposes), in each case in our sole discretion. You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice, or otherwise, the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
The services offered on the Service are subscription-based services. If you are a customer of Construction Connectivity, the terms and conditions of subscription and billing are described in your Master Services Agreement. For clarity, if you are a customer of Construction Connectivity, to the extent there are any conflicts or inconsistencies between these Terms and Conditions and the terms of your Master Services Agreement, the provisions of the Master Services Agreement will govern and control.
You acknowledge that Construction Connectivity will establish general practices and limits concerning use of the Service in the terms of your Master Services Agreement, including without limitation the maximum period of time that photos, data, or other content will be retained by the Service and the maximum storage space that will be allotted on your behalf, as more specifically described in your Master Services Agreement. You agree that Construction Connectivity’s responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by you in connection with the Service will be set forth in your Master Services Agreement, including without limitation the right to terminate accounts that are inactive for an extended period of time.
RESPONSIBLE USE OF THE SERVICE
You agree that you will not, and will not permit others to:
- provide any unauthorized third party with access to a Site or the Service or any information, data, text, links, images, software, chat, communications, instructional videos or other content available through the internet and proprietary to us (collectively, “Content”) by any means, other than permitted sharing of alerts or reports with relevant parties for a specific job site as supported by the Service;
- modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of a Site or the Service;
- engage in any activity that does not comply with any applicable U.S. federal laws or regulations or other state or local laws and regulations, or otherwise engage in any illegal, manipulative or misleading activity through the use of a Site or the Service;
- introduce into a Site or the service any code intended to disrupt a Site, alter or delete its Content, access confidential Content or interfere with the operation of a Site or the Service, including, but not limited to, distribution of unsolicited advertising or mail messages or propagation of computer worms and viruses;
- post or upload any material in any form whatsoever on a Site or the Service that is defamatory, obscene, or otherwise unlawful, or violates any third party’s right of privacy or publicity; or
- infringe any third party’s patent, copyright, service mark, trademark, or other intellectual property right of any kind, or misappropriate the trade secrets of any third party, in connection with your use of a Site or the Service, including without limitation in connection with any materials that you upload, post, display, post, email, text, store, or otherwise use via the Service, in whatever form or format.
Each customer (for itself and on behalf of each of its authorized end users) is responsible for maintaining the confidentiality of each authorized user’s password and other account information used to access the Service, if any, and are fully responsible for any and all activities that occur under each user account, and you agree that each authorized end user will create a unique account and will not share or otherwise allow any other person to use their access credentials or account, all as more fully described in the EULA. You agree to (a) immediately notify Construction Connectivity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Construction Connectivity will not be liable for any loss or damage arising from your failure to comply with this requirement.
APP OR SERVICE UPGRADES
You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service, including without limitation the Site, apps, APIs, and/or any other aspect of the Service. If you install any app or otherwise access or use the Service, you consent to these updates and agree such updates may be automatically installed without Construction Connectivity providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to uninstall and stop using the app or not access the Service. You acknowledge that you may be required to install updates to use the Service, and you agree to promptly install any updates Construction Connectivity provides if the update does not automatically install. By continuing to use an app, the Site, or any other aspect of the Service after an update, you ratify and confirm your agreement to the then-current Terms of Service.
THIRD PARTY DISTRIBUTION SERVICES
Construction Connectivity offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software applications through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to any software application that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Construction Connectivity and you acknowledge that these Terms of Service are concluded between Construction Connectivity and you only, and not with Apple Inc. (“Apple”), and that as between Construction Connectivity and Apple, Construction Connectivity, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Construction Connectivity’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Construction Connectivity and you acknowledge that Construction Connectivity, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Construction Connectivity and Apple, Construction Connectivity, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to us at the information specified in the CONTACT US section below.
Construction Connectivity and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
We are committed to protecting the security of our users. We always use industry-standard security technologies for the Service. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using the Service and you transmit such information at your own risk. We expressly do not assume responsibility or liability for use or disclosure of your information that is the result of unauthorized or illegal access to our systems or those of our vendors or partners.
THIRD PARTY CONTENT AND LINKS
We expressly disclaim any responsibility for the accuracy, completeness, or availability of information, content, and materials found on websites that link to or from the Service. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Service, or any third-party information, content or materials contained on the Service, including without limitation user generated content. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website.
We do not make any representations or warranties as to the security of any information, content or materials (including without limitation credit card and other personal information) you might be requested to give to any third party on or through any such third party website, all of which will be governed by the applicable terms and conditions of use, privacy policies and other relevant agreements governing the use of such third party website. You hereby irrevocably waive any claim against us with respect to information content and materials contained on any third party websites, and any liability arising from or in connection with information, content or materials provided by you to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
TOOLS, CALCULATORS AND OTHER RESOURCES
The Service may contain instructional videos, tools, calculators, and other resources, whether produced by Construction Connectivity, product manufacturers, equipment manufacturers or providers, or other third parties. We provide these resources as a complimentary service, for convenience only, and they are provided “as is, where is” for your optional and voluntary use. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use of any such instructional videos, tools, calculators and other resources that you may choose to access or use.
DIGITAL MILLENIUM COPYRIGHT ACT
This Digital Millennium Copyright Act (“DMCA”) statement constitutes part of the legal terms and conditions governing all users of a Site. In compliance with the DMCA (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also reserve the right to remove and disable access to any user-posted material which, in our sole judgment, may be infringing or violating another’s intellectual property right, whether or not we have been notified by the rights holder, or as otherwise permitted by these Terms.
In accordance with the DMCA and other applicable law, we may, in our sole discretion, suspend and/or terminate the account of any registered user, or take measures to block access to a Site by any user, who infringes another’s intellectual property right, whether or not there is repeat infringement.
In compliance with the DMCA, the designated agent for Construction Connectivity to receive notifications of claimed infringement relating to any Site is Scott Banda, Co-Founder & President. Please contact us at the information provided in the CONTACT US section below.
If you believe that your copyright has been infringed or violated by any material posted on any Site, please notify our designated agent listed above in writing and including the following minimum information, per Section 512(c) of the DMCA:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification 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, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition, the complaining party should provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address.
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any Site, you may make a counter-notification with our designated agent listed above, provided that such counter-notification must be in writing and provide a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification, together with information reasonably sufficient to permit us to contact the responding party, such as an address, telephone number, and if available, an electronic mail address at which the responding party may be contacted, and a statement that the that the responding party will accept service of process from the complaining party who filed the notice of copyright infringement or an agent of such party.
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING FOR OR THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT, DIRECTLY OR INDIRECTLY, FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR THE CONTENTS THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE; AND IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CONSTRUCTION CONNECTIVITY, IF ANY, OR TEN THOUSAND DOLLARS (US$10,000.00) (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, EQUITY HOLDERS, REPRESENTATIVES, OR AGENTS, ANY OF OUR VENDORS OR SERVICE PROVIDERS, LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, ACTS OF TERRORISM, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, UNAVAILABILITY OR INTERRUPTION OF INTERNET ACCESS OR TELECOMMUNICATIONS NETWORKS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, PANDEMIC, PUBLIC HEALTH EMERGENCY, GOVERNMENTAL ACTIONS OR RESTRICTIONS OR REGULATIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR VENDORS, SERVICE PROVIDERS, LICENSORS, OR LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS, ARE RESPONSIBLE OR LIABLE FOR (A) ANY COMPATIBILITY BETWEEN THE SERVICE AND ANY WEBSITE, SERVICE, SOFTWARE, OR HARDWARE; OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SERVICE IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION, EXCLUSION OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF SERVICE, SO SUCH LIMITATIONS, EXCLUSIONS, OR DISCLAIMERS MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Service at any time without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify and constitute your assent to and acceptance of such revised Terms of Service.
GEOGRAPHIC LOCATION OF SERVICE
JURISDICTION AND VENUE
You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content, or materials on or through the Service are appropriate or available for use in any particular location. Those who choose to use or access the Service do so on their own initiative and sole risk, and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by discontinuing use of the Service and destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise. In the event that you terminate these Terms of Service, you agree to notify us of such termination by sending notice of such termination using the methods listed under the heading CONTACT US and as may be required or permitted under your Master Services Agreement, if applicable.
We may immediately terminate these Terms of Service, and your right to use the Service, with respect to you with or without cause and with or without notice to you in our sole discretion. Upon termination, you must cease use of the Service and destroy all materials obtained from the Service and all copies thereof, whether made under these Terms of Service or otherwise.
The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service shall survive such termination.
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Service are deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Service by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
NOTICE TO CALIFORNIA USERS AND VISITORS
Under California Civil Code Section 1789.3, users of and visitors to the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You can contact us at the information provided in the CONTACT US section below.
Because Internet email transmissions may not be secure, we request that you do not send us or request sensitive information such as account numbers, passwords and payment information via any public email system.
We generally will acknowledge emails within one (1) business day, but we will not take actions based on your email request until we actually receive your email message and have a reasonable period of time to act.
We will NEVER ask you for any private information (such as account numbers, passwords, social security numbers, etc.) for any of our services through an unsolicited email. If you receive any such request, DO NOT respond to it. Please notify us immediately at (617) 395-1668 or firstname.lastname@example.org