User Terms of Service

Updated as of: November 19, 2021

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.

Website Limited License

As a user of the Websites and Services, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. ConstructForce may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access, and you must obtain login information as required by the Websites and Services.

Limitations On and Scope of Use

Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:

  1. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Websites or the Services.
  2. Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services.
  3. Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via use of any network monitoring or discovery software or otherwise.
  4. Monitor, copy, scan, preview, index, mirror, ping or validate the Websites or the Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
  5. Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
  6. Transmit any false, misleading, fraudulent, or illegal communications, information, or data.
  7. Phish, spoof, commit illegal or fraudulent activity or violate laws in your jurisdiction.
  8. Access unauthorized information.
  9. Solicit information from minors or harm or threaten to harm minors.
  10. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person, or organization, or engage in any other threatening behavior.
  11. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's Privacy, hateful, or racially, ethnically, or otherwise objectionable.
  12. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
  13. Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America.

Intellectual Property Rights

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.

Linking to the Websites and Services

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.

License of Your Content to 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.

Copyright Notices & Complaints

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. "

Relationship of ConstructForce and You

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.

No Solicitation

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.

Registration

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.

Postings in Interactive Areas

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.

No Expectation of Privacy

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.

Errors and Corrections

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.

Third-Party Content and Links

Third-party content may appear on the Websites or Services or may be accessible via links from this Website. ConstructFroce will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Websites or Services. You understand that the information and opinions in the third-party content are neither endorsed by nor reflect the belief or opinion of ConstructForce. Further, information and opinions provided by employees and agents of ConstructForce in interactive areas of the Websites or Services are not necessarily endorsed by ConstructForce and do not necessarily represent the beliefs and opinions of ConstructForce. ConstructForce, or other third-party users of the Websites or Services, may provide links to other websites or resources. ConstructForce has no control over such sites and resources. You acknowledge and agree that ConstructForce is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials contained in or available from such sites or resources. You acknowledge that the use of any third-party website is governed by the terms of service and privacy policy for that Website, which terms you are responsible for reading and reviewing, and not by these Terms of Service or ConstructForce's Privacy Notice. You further acknowledge and agree that ConstructForce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party site or resource. ConstructForce reserves the right to disable any link or remove any third-party content at any time at its sole discretion.

DISCLAIMER

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.

LIMITATION OF LIABILITY

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.

Indemnification

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.

Governing Law

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.

Privacy

Your use of this Website is subject to these Terms of Service and ConstructForce's Privacy Notice.

Severability of Provisions

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.

Modifications to Terms of Service

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.

Copyright Policy

Reporting Claims of Copyright Infringement

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. ยง 512) ("DMCA "), the written notice (the "DMCA Notice ") must include substantially the following:

  • Your physical or electronic signature
  • Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Websites or Services, a representative list of such works
  • Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material
  • Adequate information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address)
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the written notice is accurate
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

DMCA Notices may be sent to our Designated Copyright Agent at:

Copyright Agent

ConstructForce, Inc.

XXXXX

San Diego, CA XXX

dmca@ec-2.org

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.

Repeat Infringers

In appropriate circumstances, ConstructForce will disable and/or terminate the accounts of users who are repeat infringers.