The https://www.ec-2.org and https://www.constructforce.org websites, and any other website on which these Terms of Service appear (the "Websites "), and any software, mobile applications, products, devices or other services offered by EC-2 and ConstructForce from time to time and other services offered through third parties integrating ConstructForce functionality (collectively, "Services "), are made available by EC-2, Inc. a 501c3 non-profit and ConstructForce, Inc. You may access and utilize the Websites and Services only under the following terms and conditions ("Terms of Service ").
These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services, you signify your acceptance of these Terms of Service, ConstructForce Privacy Notice, and ConstructForce Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
To the extent that a Master Services Agreement governs your use of the Services, the Master Services Agreement shall control in the event of a conflict with these terms.
Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. ConstructForce, the ConstructForce logo, and all other ConstructForce trademarks, service marks, product names, and trade names of ConstructForce appearing on or in conjunction with the Websites and Services are owned by ConstructForce. ConstructForce does not grant you the right to use or display any trademark, service mark, product name, trade name, or logo appearing on the Websites or the Services without ConstructForce's prior written consent.
You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by ConstructForce.
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://constructforce.org or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) ConstructForce a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against ConstructFroce for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to ConstructForce.
It is ConstructForce's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA "). For more information about ConstructForce's DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. ConstructForce may terminate any user's access to the Websites or Services if ConstructForce determines that the user is a "repeat infringer. "
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and ConstructForce.
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform ConstructForce of any changes to that information. By registering with the Websites or Services, you understand that you may receive regular updates regarding new or existing ConstructForce applications. You may request to unsubscribe by following the directions in such updates, and ConstructForce will permanently remove you from ConstructForces's registered list of subscribers.
If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. ConstructForce may delete your postings at any time for any reason without notification of or permission from you; however, ConstructForce has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. ConstructForce does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
CONSTRUCTFORCE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. ConstructForce does not control or endorse the content, messages, or information posted by other third-party users on the Websites or Services. ConstructForce will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and expressly disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see ConstructForce's complete Privacy Notice, incorporated into these Terms of Service by reference.
ConstructForce does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. ConstructForce does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. ConstructForce may make improvements and/or changes to its features or functionality at any time.
THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE "BASIS. CONSTRUCTFORCE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONSTRUCTFORCE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.
CONSTRUCTFORCE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. CONSTRUCTFORCE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold ConstructForce, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in San Diego County, California.
These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
ConstructForce may, in its sole discretion, modify or revise these Terms of Service, including without limitation ConstructForce's Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. ConstructForce additionally will either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that ConstructForce's email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service and that you agree to be bound by such modifications or revisions.
ConstructForce takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA "), the written notice (the "DMCA Notice ") must include substantially the following:
DMCA Notices may be sent to our Designated Copyright Agent at:
San Diego, CA XXX
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
In appropriate circumstances, ConstructForce will disable and/or terminate the accounts of users who are repeat infringers.