1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
ConstructionJournal.com ("Service"), owned and operated by Construction Journal, Ltd., is provided to you ("Subscriber") under the terms and conditions of this Terms of Service (TOS) and any operating rules or policies that may be published by Construction Journal. The TOS comprises the entire agreement between Subscriber and Construction Journal and supersedes all prior agreements between the parties regarding the subject matter contained herein. YOUR USE OF THE SERVICE INDICATES YOUR ACCEPTANCE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE
Construction Journal is providing Subscriber with access to its service via the World Wide Web on Construction Journal's own system. Construction Journal charges a subscription fee to Subscriber for this Service. Subscriber must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any service fees associated with such access. Subscriber agrees to: (1) not divulge, reproduce, copy, distribute or sell any of the information contained herein; and (2) maintain and update account information as required to keep it current, complete and accurate. If any information provided by Subscriber is inaccurate, Construction Journal retains the right to terminate Subscriber's account and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Construction Journal may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, Construction Journal will notify Subscriber by posting the changes. If Subscriber agrees to be bound by the changes, Subscriber may continue the use of the Service. If Subscriber does not agree with the changes then Subscriber may terminate the use of the Service. Subscriber's continued use of the Service constitutes an acknowledgment by Subscriber of the TOS and its modifications and agreement by Subscriber to abide and be bound by the TOS and its modifications.
4. MODIFICATIONS TO SERVICE
Construction Journal reserves the right to modify / improve the Service with or without notice to Subscriber. Construction Journal shall not be liable to Subscriber or any third party should Construction Journal exercise its right to modify / improve the Service.
5. PRIVACY POLICY
Construction Journal maintains a Privacy Policy to respect the privacy of its Subscribers. (For more information see the Construction Journal Privacy Policy.)
6. SUBSCRIBER ACCOUNT, PASSWORD, AND SECURITY
Subscriber of the Service receives a username and password. Subscriber is entirely responsible to maintain the confidentiality of the password. Furthermore, Subscriber is entirely responsible for any and all activities, which occur under Subscriber's account. Subscriber may change the password at any time by contacting Construction Journal. Subscriber agrees to immediately notify Construction Journal of any unauthorized use of Subscriber's account or any other breach of security known to Subscriber.
7. DISCLAIMER OF WARRANTIES
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. CONSTRUCTION JOURNAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CONSTRUCTION JOURNAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DOES CONSTRUCTION JOURNAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA RECEIVED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM RECEIVING MATERIAL AND/OR DATA.
CONSTRUCTION JOURNAL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM CONSTRUCTION JOURNAL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY
CONSTRUCTION JOURNAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CONSTRUCTION JOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. SUBSCRIBER'S USE OF THE SERVICE
Subscriber's right to use the Service is intended for The Subscriber's Business. Subscriber agrees not to resell or redistribute the information from the Service without the express written permission of the Publisher of Construction Journal.
10. INDEMNIFICATION
Subscriber agrees to indemnify and hold Construction Journal, its affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Subscriber's use of the Service, the violation of this TOS by Subscriber, or the infringement by Subscriber, or other user of the Service using Subscriber's computer or account, of any intellectual property or other right of any person or entity.
11. AUTOMATIC RENEWAL
As a courtesy to Subscriber to allow uninterrupted use of Service, all subscriptions automatically renew unless written notice of cancellation is received prior to the renewal date. Subscriber receives renewal notification by conventional mail approximately 30 days before the renewal period. Subscriber's use of the service into the first renewal period constitutes Subscriber's acceptance of the subscription renewal process.
12. TERMINATION
Either Subscriber or Construction Journal may terminate the Service with or without cause at any time and become effective that same day notification is received by the other party. Termination shall be by written notice to the other party. Construction Journal shall not be liable to Subscriber or any third party for termination of Service. Subscriber shall be responsible for payment for use of the service through the termination date. NO SUBSCRIPTION REFUNDS WILL BE GIVEN. Subscribers with prepaid subscription periods may terminate their subscription prior to their subscription end date without refund.
Should Subscriber object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Subscriber's only recourse is to immediately: (1) discontinue use of the Service; and (2) notify Construction Journal of termination of service.
Upon termination of Service, Subscriber's right to use the Service and Software immediately ceases. Subscriber shall have no right and Construction Journal will have no obligation thereafter to provide service to Subscriber or any third party.
13. NOTICE
All notices to a party shall be in writing and shall be made either via email, conventional mail or facsimile. Construction Journal may post announcements or messages through the Service to inform Subscriber of changes to the TOS, the Service, or other matters of importance; such postings shall constitute notice to Subscriber.
14. PROPRIETARY RIGHTS TO CONTENT
Subscriber acknowledges that content, including but not limited to project information, contacts, text, software, sound, photographs, graphics or other material contained or presented to Subscriber by the Service ("Content") by Construction Journal, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Subscriber is only permitted to use this Content as expressly authorized by the Service. Subscriber may not copy, reproduce, distribute, or create derivative works from this Content for remuneration or gratuitously.
15. LAWS
The TOS shall be governed by and construed in accordance with the laws of the state of Florida. Subscriber and Construction Journal agree to submit to the exclusive jurisdiction of the courts of the Martin County in the state of Florida.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Construction Journal's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Construction Journal in writing. Subscriber and Construction Journal agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.