Purpose of Site
The Site is designed to provide information about construction opportunities, bids and related data. The information and services offered on or through this Site are provided solely for general business information, do not constitute agreements, acceptance of bids, legal, or any other professional advice, or an offer to purchase, sell or lease real estate, and may not be used for personal, family or household purposes.
The information, data, text, documents, plans, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the "Content") are proprietary to Construction Journal and its licensors, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of construction data and related information, which, by way of example, include information, text, photographic and other documents and data contained therein (collectively, the "Information") and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Product".
Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) are referred to as the "Non-Passcode Protected Product". Those portions of the Product that require use of Passcodes for access are available only to individuals or entities ("Construction Journal Customers"), or those acting through them, who enter into a License Agreement (as defined below) with Construction Journal that authorizes access to such Construction Journal data and content are referred to as the "Passcode Protected Product".
Only authorized users for a Passcode Protected Product (“Authorized User”) may access such product and they may access it solely using the user name, password (collectively, the "Passcodes") assigned to such user by Construction Journal. No Authorized User may share his/her Passcodes with any other person, nor may an Authorized User allow any other person to use or have access to his/her Passcodes. An Authorized User is defined as an individual (a) employed by a Construction Journal Customer or an Independent Contractor (as defined below) of a Construction Journal Customer at a site identified in the License Agreement, and (b) who is specified in the License Agreement as a user of a specific Passcode-Protected Product. An "Independent Contractor" is defined as an individual person working solely for the Construction Journal Customer and not another company with construction information needs and performing substantially the same services for such Construction Journal Customer as an employee of such Construction Journal Customer.
Except to the extent specifically authorized in writing by Construction Journal, you cannot share or sell the Construction Journal Materials and you are responsible to Construction Journal for any use of it. You agree and warrant that: a) you will not provide access to any portion of the Construction Journal Materials to any unauthorized party without the prior written consent of Construction Journal; b) you shall use your best efforts to prevent the misuse and unauthorized use of the Construction Journal Materials; c) you will not use any Construction Journal Materials for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any similar statute or regulation; c) you shall not name Construction Journal or its affiliated companies or refer to the use of Construction Journal Materials in any advertisements, promotional or marketing material; and d) you shall indemnify and hold harmless Construction Journal, its affiliated companies and their respective officers, employees and agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the Construction Journal Materials or any breach of this Agreement.
(1) Your internal research purposes;
(2) Marketing opportunities;
(3) Download plans, specifications and related documents; and
(4) Creating periodic general market research reports for in-house use, provided that such reports are not commercially or generally distributed.
Notwithstanding the foregoing, the Information you access through the "Project Database" feature on this Site may only be viewed by you for your individual, non-commercial use while visiting this Site.
You shall not, except as may be expressly set forth above under "Permitted Uses", (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Product, or (b) modify or create derivative works of any portion of the Product.
Notwithstanding anything to the contrary herein, you shall not:
(2) Access or use any portion of the Product if you are a direct or indirect competitor of Construction Journal, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of Construction Journal (by way of example, a "direct or indirect competitor" of Construction Journal includes, but is not limited to, construction opportunity and construction bidding services or other construction plans and construction data services and employees, independent contractors and agents of such services);
(3) Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
(4) Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product;
(5) Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;
(6) Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;
(7) Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
(8) Upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that:
is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
(9) Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and
infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation
contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or of any computer software or hardware or telecommunications equipment; or
you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
Compliance Monitoring and Enforcement
It is an express condition of this Agreement that in using the Construction Journal Materials: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; and b) that you and any authorized users shall comply with all applicable Direct Marketing Association ("DMA") guidelines, if you or your authorized users are DMA members. If you or your authorized users are not DMA members, you and your authorized users are encouraged to comply with all applicable DMA guidelines. Construction Journal further reserves the right to review materials to be used by you in promotions to ensure that your use of the Construction Journal Materials is both appropriate and in accordance with the permitted uses of the Construction Journal Materials; however, Construction Journal's failure to review any such materials shall not constitute Construction Journal's acceptance of the materials or in any other way waive any rights Construction Journal may have or limit any obligations you may have with regard to the use of the Construction Journal Materials. Construction Journal may also randomly monitor (through seeding and other means) your use of the Construction Journal Materials to ensure that your use is in accordance with the permitted uses of the Construction Journal Materials.
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Product. Customer loses the right to access service while in default of payment and/or terms; as customer achieves good standing, all lost time will be forfeited. In the event of default for failure to make any payment when due, time being of the essence hereof, Construction Journal may, without notice or demand, declare the entire amount of the fees payable under the Service Agreement, as renewed or extended, immediately due and payable.
CONSTRUCTION JOURNAL RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT INCLUDING RATE INCREASES OR DECREASES AFTER THE INITIAL TERM OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
If you are accessing the Passcode Protected Product, you agree: (1) to provide Construction Journal with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Passcode-Protected Product; and (3) product features and additional licensed users may be added or removed during the service term and may result in increased or decreased fees.
The term of the agreement is set forth in the Service Agreement, invoice, or written contract between you and CJ (the “Initial Term”).
THE TERM SHALL AUTOMATICALLY RENEW FOR SUBSEQUENT PERIODS OF THE SAME LENGTH AS THE INITIAL TERM UNLESS EITHER PARTY GIVES THE OTHER WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO EXPIRATION OF THE THEN-CURRENT TERM.
Either Customer or Construction Journal may terminate the Service with or without cause at any time which termination shall become effective on 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 Customer or any third party for termination of Service. Notwithstanding anything in this Agreement to the contrary, Customer shall be responsible for payment for use of the service through the end of the term, as extended or renewed. NO REFUNDS WILL BE GIVEN. Customers with prepaid service periods may terminate their service prior to the end of the term without refund.
Actions regarding Termination
In the event of termination or non-renewal of your Service Agreement, or blocked access or interruption, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from Construction Journal, certify, in writing, your compliance with this provision.
This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, construction documents and other content to the Product, for it to be publicly displayed on the Product, used by Construction Journal in connection with researching construction information, or for some other purpose ("Submitted Content"). Construction Journal acknowledges that if you provide Construction Journal with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Construction Journal, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Product. Construction Journal is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in Construction Journal's sole discretion.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant Construction Journal and its affiliates and their Customers a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Construction Journal may preserve any such content and may also disclose such content in its discretion.
You represent and warrant that (a) you own or have the full right, power and authority to grant to Construction Journal use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to Construction Journal hereunder does not, and the use or license of such content by Construction Journal to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
Information about You
When you use the Product, Construction Journal collects both personally and non-personally identifying information about you and your use of the Product. Such information includes (a) what you intentionally submit to us while using the Product, including, for example, by filling out forms with your contact information or by logging in with your UserID and Password, and (b) information that may be collected automatically while you use the Product, including, for example, your IP address, your IP host, session duration, and "click stream" data that tracks user activity in the Product.
We generally use or disclose the information We collect through the Product to conduct research on and to improve the Product, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.
Construction Journal takes steps to protect the security of the personally identifiable information We collect, including, for example, physical, electronic, and procedural safeguards.
Although the Product can technically be viewed by children, We do not knowingly request personally identifiable information from them nor does the Product publish content that is targeted to children. No information should be submitted to, or posted at, the Product by visitors under 18 years of age.
If you have a further question, please notify us by e-mail at cj-webmaster@ConstructionJournal.com. We will do our best to look into your request and respond promptly.
You may provide a hyperlink to the home page of this Site, which is http://www.ConstructionJournal.com, provided that you must remove any such link upon request from Construction Journal. Except as set forth in the preceding sentence, or as otherwise authorized by Construction Journal in writing, links to and the framing of this Product or any of its Content is prohibited. The Product may include links to other sites, some of them operated by Construction Journal and some of them operated by third parties. Under no circumstances shall Construction Journal be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any services that may be offered through such web sites. Construction Journal has not necessarily reviewed any or all of the content of such other web sites, and We disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary sources of information. Any reliance upon the Product shall be at your own risk. Neither Construction Journal, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither Construction Journal, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
ALTHOUGH CONSTRUCTION JOURNAL MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". CONSTRUCTION JOURNAL AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, ATTORNEYS AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE "CONSTRUCTION JOURNAL PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY OF THE CONSTRUCTION JOURNAL PARTIES, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE CONSTRUCTION JOURNAL PARTIES MAKE NO WARRANTIES IN CONNECTION THEREWITH.
CONSTRUCTION JOURNAL RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
The following disclaimer also applies to any maps from Microsoft Virtual Earth ("Virtual Earth") that are displayed in the Product: THESE MAPS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. VIRTUAL EARTH, CONSTRUCTION JOURNAL, AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE. Additional information and terms governing use of any maps from Microsoft, which are by reference hereby deemed a part of this Agreement, can be found at http://www.microsoft.com/info/cpyright.mspx
Limitation of Liability
NONE OF THE CONSTRUCTION JOURNAL PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND CONSTRUCTION JOURNAL'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If you create any settings, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the "User Data"), none of the Construction Journal Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.
Some areas of this Product use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product.
The Product employs various trademarks and service marks of Construction Journal and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Procedure for Making Notification of Claims of Copyright Infringement
NOTICE -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
The Construction Journal is not responsible for any delay, interruption or other failure to perform due to acts beyond the control of the responsible party, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
Modifications to Product; Changes to these Terms