CONSTRUCTION MONITOR TERMS OF SERVICE

TERMS OF SERVICE

UPDATE NOTICE

Last updated 2024-09-24

INTRODUCTION TO TERMS OF SERVICE

Thank you for visiting our website at www.constructionmonitor.com (the "Website"). The Website is the property of Construction Monitor, L.L.C., a Utah limited liability company ("Construction Monitor," "we," or "us,"). Construction Monitor owns and operates the Website and all the Content (as defined below) provided on the Website or directly by Construction Monitor. The Website and Content are copyrighted work belonging to Construction Monitor.

By entering or otherwise using the Website or receiving the Content from Construction Monitor, you agree to and accept these Terms of Service (the "Terms of Service"). You also agree to and accept our Privacy Policy (https://www.constructionmonitor.com/support/privacy), which describes how Construction Monitor use the information you provide Construction Monitor and is incorporated into these Terms of Service by reference. PLEASE READ THESE TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY AS YOU ARE AGREEING TO BE BOUND BY THEM.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

ACKNOWLEDGMENT OF AGREEMENT; INTENT TO BE BOUND BY TERMS OF SERVICE

THESE TERMS OF SERVICE AND PRIVACY POLICY (https://www.constructionmonitor.com/support/privacy) CONSTITUTE YOUR SERVICE AGREEMENT (the "AGREEMENT") WITH CONSTRUCTION MONITOR. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE AND YOUR SUBSCRIPTION WITH CONSTRUCTION MONITOR INCLUDING USE OF CONTENT, PRODUCTS, FUNCTIONALITY, OR SERVICES OFFERED ON THE WEBSITE OR RECEIVED FROM CONSTRUCTION MONITOR. BY ACCESSING AND/OR USING THE WEBSITE OR RECEIVING THE CONTENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. YOU MAY NOT ACCESS OR USE THE WEBSITE, CONTENT, PRODUCTS, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE, CONTENT, PRODUCTS, OR PURCHASE A SUBSCRIPTION OR SERVICES THROUGH THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND THE CONTENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF SERVICE.

INTELLECTUAL PROPERTY OWNERSHIP

All documents, forms, original and derivative content, features, functionality, compilations, permits, reports, news, statistics, figures, data, content, leads, information, software, material, displays, images, video, and audio, and text on the Website and the design, selection, and arrangement thereof, any service marks, copyrights, logos, names, trademarks, characters, graphics, brand identities, trade names, designs, trade dress, or other intellectual property appearing on the Website, and the look and feel, compilation, organization, illustrations, software, videos, graphs, charts, and other works on the Website (collectively, the "Content") are owned by Construction Monitor and are protected under United States and international trademark, copyright, trade secret, and other intellectual property and proprietary rights laws. You agree not to copy, distribute, modify, create derivative works of, publicly display, disseminate, republish, download, store, transmit or otherwise reproduce any of the Content without receiving our prior written permission. All right, title, and interest in and to the Content will always remain with Construction Monitor.

TRADEMARKS

Construction Monitor and all related names, logos, product and service names, slogans, and designs are trademarks of Construction Monitor. You agree not to use such marks anywhere without the prior written consent of Construction Monitor. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

LICENSE

Subject to these Terms of Service, Construction Monitor hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Website and the Content for your own personal, and where applicable commercial purposes. You must not:

  • Access or use the Website or the Content contrary to the terms and instructions provided by Construction Monitor, in violation of the laws of the state where you live, any other state within the United States, the federal laws of the United States, or any foreign political entity of competent jurisdiction, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country, or otherwise beyond the scope of the rights granted herein;
  • Reproduce, republish, or redistribute the Content in any form without the express written consent of Construction Monitor;
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Website;
  • Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • Impersonate or attempt to impersonate the Construction Monitor, a Construction Monitor employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Construction Monitor or users of the Website, or expose them to liability;
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you;
  • Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Website or in the Content;
  • Copy, sell, reverse engineer, or use software or technology of any kind now existing or developed in the future to obtain Content; or
  • Do anything else which could bring Construction Monitor into disrepute or which violates or could violate the rights of any person.

CODE OF CONDUCT FOR SUBSCRIBERS

As a subscriber of Construction Monitor and the Content you acknowledge and agree as follows:

  • In order to receive and have access to the Content, you must be current with any and all subscription fees and sums owed to Construction Monitor.
  • To maintain the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account and not to allow another person to have access to your username and password. You must not disclose your username, password or any other piece of information as part of your account or security procedures to any other person or entity. Your account is personal to you unless otherwise provided in these Terms of Service. You agree to immediately notify Construction Monitor of any unauthorized use of your account, or any other breach of security. Construction Monitor is not liable for any loss or damage arising from your failure to protect your username or password. You are solely and fully responsible for any and all actions taken using your username and password.
  • You agree to provide accurate, current, true, correct, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.
  • Limit your account to one (1) user. Notwithstanding the foregoing, if you have multiple employees, then each employee may utilize the username and password of an account established under a Company.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Construction Monitor, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Construction Monitor. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

NOTICE OF COPYRIGHT INFRINGEMENT

You acknowledge that failure to adhere to these Terms of Service may result in violation of federal copyright law under the United State Code. An infringement of Construction Monitor's copyrights will enable Construction Monitor to actual damages and profits and statutory damages as provided under Title 17, Chapter 5, Section 504 of the United States Code. Additional remedies may include criminal prosecution, attorney fees, and other rights under applicable law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

PRIVACY POLICY

By using the Website, you consent to all actions we take with respect to all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, in compliance with our Privacy Policy. You acknowledge and agree that all information collected by Construction Monitor via the Website is subject to our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As provided in our Privacy Policy, Construction Monitor may disclose personal information if it is required to do so by law or in good faith it believes that such action is necessary to (1) comply with the law or with legal process and cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; (2) protect and defend its legal rights and property; (3) protect against misuse or unauthorized use of the Website and Content; or (4) protect the personal safety or property of its subscribers or the public (among other things, this means that if a subscriber provides false information or attempts to pose as someone else, information about them may be disclosed as part of any investigation into their actions). YOU WAIVE AND HOLD HARMLESS CONSTRUCTION MONITOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CONSTRUCTION MONITOR DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CONSTRUCTION MONITOR OR LAW ENFORCEMENT AUTHORITIES.

Construction Monitor does not cross-check telephone numbers appearing on the Website against the National Do-Not-Call registry. It is your responsibility to check telephone numbers and to otherwise comply with any applicable laws concerning the registry. For more information please visit https//www.donotcall.gov.

SUSPENSION/TERMINATION OF ACCESS

The use of the Website is at the discretion of Construction Monitor and we have the right, with or without notice to you, to deny access to, and to suspend or terminate your access to and use of, the Website or any features or portions thereof at any time for any reason, including violation of the Terms of Service. In the event of termination, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination. You understand that any termination of your use of the Website will prohibit further access and use of the Content. Construction Monitor will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your use of the Website or the Content.

You may terminate this Agreement by contacting Construction Monitor at the contact methods provided in this Terms of Service. All refunds shall be provided as expressed in these Terms of Service.

THIRD PARTY WEBSITES

The Website may contain links to, or advertisements for, third party Websites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, Twitter, or YouTube). Such Third-Party Sites are not under the control of Construction Monitor and Construction Monitor is not responsible for any Third-Party Sites. Construction Monitor provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk and Construction Monitor accepts no responsibility for them or for any loss or damage that may arise from your use of them.. When you link to a Third-Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site.

GEOGRAPHIC RESTRICTIONS

Construction Monitor is based in the State of Utah in the United States of America. Construction Monitor makes no claims that the Website or the Content are accessible or appropriate outside of the United States of America. Access to and use of the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

CHOICE OF LAW

All matters relating to the Website and these Terms of Service and any dispute or claim arising out of or related to these the Website and the Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by the laws in force in the State of Utah, without giving effect to any choice or conflict of law provision or rule.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,THE CONTENT,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CONSTRUCTION MONITOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER CONSTRUCTION MONITOR NOR ANY PERSON ASSOCIATED WITH CONSTRUCTION MONITOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CONSTRUCTION MONITOR NOR ANYONE ASSOCIATED WITH CONSTRUCTION MONITOR REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONSTRUCTION MONITOR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK.

IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND CONTENT. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CONSTRUCTION MONITOR AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY CONTENT.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold Construction Monitor, our officers, managers, members, employees, agents, affiliates, subsidiaries, joint ventures, and successors harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (ii) your use of and the Content or any information obtained from the Website, or (iii) your violation of this Agreement. Construction Monitor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Construction Monitor and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Construction Monitor. Construction Monitor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

JURISDICTION AND VENUE

Any legal suit, action, or proceeding arising from or relating to this these Terms of Service, or the subject matter, breach or validity thereof shall be instituted exclusively in the federal court located in St. George, Utah and all state court matters in the fifth judicial district court in Cedar City, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SEVERABILITY

If a provision of these Terms of Service is found to be unlawful, conflicting with another provision of these Terms of Service, or otherwise unenforceable, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.

CUSTOMER AND REFUND POLICY

If for any reason you are not satisfied with the Website, Content and services provided by Construction Monitor or circumstances arise where you are not in the need of our service, a full refund will be given within thirty (30) days.

If a you choose to cancel after thirty (30) days you may:

  1. Receive a prorated credit to your Construction Monitor account
  2. Apply unused subscription time to another subscription
  3. Transfer unused subscription time to another company

GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and Construction Monitor regarding the use of the Website and Content. Construction Monitor's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Construction Monitor's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event of any litigation between regarding this Agreement the prevailing party shall be entitled to the payment by the losing party of its reasonable attorney fees, court costs and litigation expenses.

CHANGES TO THE TERMS OF SERVICE

Construction Monitor may amend these Terms of Service from time to time at its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. If Construction Monitor makes a material change to these Terms of Service, Construction Monitor will indicate (on the Website or otherwise) that our Terms of Service have changed and will provide a link to the new Terms of Service. In the event Construction Monitor makes a material change to these Terms of Service, Construction Monitor will provide you with an opportunity to opt-out of such revised Terms of Service. The date these Terms of Service were last revised is at the top of this page. You are responsible for periodically reviewing these Terms of Service to check for any updates or changes.

CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to:

[email protected]

or

Construction Monitor, L.L.C.
PO Box 2202
Cedar City, Utah 84721
435-586-1205
800-925-6085

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