Last updated May 6th, 2019
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.
All documents, forms, original and derivative content, compilations, permits, reports, news, statistics, figures, data, content, leads, information, material, and text on the Website, 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 trademark, copyright, and other intellectual property and proprietary rights laws. You agree not to copy, distribute, display, disseminate, 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.
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.
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;
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.
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 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.
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.
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.
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.
The use of the Website is at the discretion of Construction Monitor and we have the right 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.
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. 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.
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.
These Terms of Service and any dispute or claim arising out of or related to these 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.
THE WEBSITE AND THE CONTENT 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, LOSS OF USE, 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.
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.
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 (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.
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.
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.
Construction Monitor guarantees customer satisfaction with the Website, Content and services provided by Construction Monitor. If for any reason you are not satisfied with the foregoing 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 customer chooses to cancel after thirty (30) days the customer may:
Receive a prorated credit
Apply unused subscription time to another subscription
Transfer unused subscription time to another company
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.
Questions regarding these Terms of Service should be directed to:
Construction Monitor, L.L.C.
PO Box 2202
Cedar City, Utah 84721