Terms
IMPORTANT – THESE TERMS APPLY TO YOUR USE OF THE CONSTRUCTIONCLOCK APP
THANK YOU FOR VISITING OUR WEBSITE. ConstructionClock’s website (www.ConstructionClock.com) (the “Website”), ConstructionClock business name, ConstructionClock trademarks, and the ConstructionClock app (the “App”), are owned by Roofbundle Incorporated (“RoofBundle”). In these terms: ConstructionClock may also be referred to as “our”, “we” or “us”. Any “users” of this Website, our digital application, or of our products or services are referred to as “you”. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, THE APP OR ANY OF OUR RELATED PRODUCTS OR SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CREATE A LEGAL AGREEMENT AS WELL AS LEGAL OBLIGATIONS TO WHICH YOU ARE BOUND. By accessing and using our Website or the App, you acknowledge and agree to be bound by these terms and conditions (the “Terms”), including our Privacy Policy, which set forth the entire agreement pertaining to your use of the our Website. We reserve the sole right at any time to modify, discontinue, or terminate our Website or the App, or change, add, or delete portions of these Terms without notice. We will post changes to these Terms, if any, to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of our Website and/or the App after any changes constitutes your acceptance of the revised Terms.
Conditions of Use
Limited License to View
General
1. Purpose
2. Other Conditions
IMPORTANT ConstructionClock FOR CERTAINTY, NOTHING IN THESE TERMS AND CONDITION OF USE IS INTENDED TO ALTER THE TERMS THAT APPLY TO YOUR USE OF THE CONSTRUCTIONCLOCK APP WHICH ARE IDENTIFIED AT THE END OF THESE WEBSITE TERMS AND CONDITIONS OF USE. SUCH OTHER TERMS SHALL BE CONSIDERED A FURTHER AND ADDITIONAL AGREEMENT BETWEEN A USER OF THE CONSTRUCTIONCLOCK APP AND CONSTRUCTIONCLOCK. TO THE EXTENT RELEVANT, THESE TERMS AND CONDITIONS OF USE SHALL ALSO APPLY TO ANY FEATURES INVOLVED IN USE OF THE APP IF ACCESSED THROUGH THIS WEBSITE.
3. User
4. Definitions
- “App” refers generically to ConstructionClock’s Roof Calculation Engine;
- captions and headings are inserted for convenience only, and are not to be used as an aid in the interpretation of these Terms and Conditions of Use;
- “includes” and “including” means including without limiting the generality of the foregoing;
- “Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by ConstructionClock) to which links may be provided on this Website;
- “use” includes access, viewing or copying, whether in whole or in part;
- “Website” means this website, www.ConstructionClock.com
5. Changes to Terms and Conditions of Use
6. Proper Law
7. No improper use
8. Contract
9. Accuracy of Data
10. Report Errors
11. Disclaimer regarding Third Party Websites
12. No Warranties
13. Liability
14. Indemnify ConstructionClock
15. More Information
16. Ownership
17. Copyright
18. Trademarks
19. Privacy
20. Termination of Access
21. Availability of Website
22. Termination of Website
IMPORTANT – THESE ADDITIONAL TERMS APPLY TO YOUR USE OF THE CONSTRUCTIONCLOCK APP
1. User represents they are authorized to use the ConstructionClock App and do so subject to the following terms of use which include, without limitation, an assumption of all risk and the taking of responsibility for any and all losses or damages that may result from using services or documents provided by ConstructionClock, as well as comprehensive waiver and release of liability associated with use of the app and estimates or results generated by the app or any of ConstructionClock’s related products and services.
2. User understands, acknowledges, and agrees that any use of ConstructionClock’s products and services, including but not limited to the ConstructionClock App, is only a tool to assist estimators, and not intended to be used alone, or as a substitute for decision making; and, that ConstructionClock makes no representations, warranties, or guarantees as to the accuracy of estimated results. Users should not rely on the results exclusively, and it is the User’s responsibility to review results and undertake to have any and all drawings, product lists, work estimates, and other materials produced through use of the ConstructionClock App, and independently assessed and verified prior to any use by their own business and costing experts. Users relying on results alone do so entirely at their own risk. ConstructionClock is not responsible or liable in any way for how Users use the results produced by the ConstructionClock App.
3. User agrees on behalf of itself and others for who it is using the app to release and discharge ConstructionClock (and by extension, any of ConstructionClock’s employees, owners, directors, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) which result from any services, documents, or estimates produced, provided, or set out by ConstructionClock.
4. User expressly agrees that the foregoing is intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Furthermore, if such waivers, disclaimers and/or exclusions of liability are by operation of law or otherwise unenforceable in any jurisdiction or held unenforceable by a court of competent jurisdiction, then: (a) any direct damages, regardless of cause including without limitation if any claim or action is brought in contract, negligence, or any other tort or other cause of action, shall be limited to the lessor of: (i) re-using the app to re-do an estimate at no charge; or (ii) no more than the equivalent value of one month subscription for use of the ConstructionClock App; and (b) in no event shall ConstructionClock be liable to any party for indirect, special, or consequential damage of any kind, including purely economic damages such as loss of business, profits, goodwill, or anticipated savings, even if advised of the possibility of such damages; and that such aforesaid limitations are reasonable. ConstructionClock
5. This agreement and every provision hereof shall be governed by the laws of Manitoba and the laws of Canada where they are applicable without regard to conflict of laws principles. The parties agree to submit any dispute to the exclusive jurisdiction of the courts of the Province of Manitoba.
Account Terms
(a) Registration In order to use the ConstructionClock app, you must register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You agree to (i) provide accurate, current, and complete information as may be prompted by any registration forms (“Registration Data”); (ii) maintain the security of your password, and (iii) maintain and promptly update the Registration Data as necessary to ensure it is up to date. ConstructionClock may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
(b) Eligibility In order to register for an Account, you must be at least 18 years of age. ConstructionClock reserves the right to amend its eligibility criteria at any time.
(c) Personal Information When registering with ConstructionClock, you may be asked to provide certain Personal Information. All Personal Information will be collected and used in accordance with our Privacy Policy, which can be viewed at ConstructionClock.com/privacy.
(d) Organization Accounts If you register for an Account on behalf of any organization, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
(e) Email Communications You acknowledge, expressly consent and agree that ConstructionClock may use the email address you provide on opening an Account or as updated by you from time to time as a method for communicating with you. You must monitor the Account email address you provide to ConstructionClock, and your primary Account email address must be capable of both sending and receiving messages.
(f) Marketing Communications You expressly consent and agree that ConstructionClock may send you marketing communications by email, mail, or other means and you provide such consent in compliance with applicable law. As part of our policy to provide you privacy, we provide you the option of opting out from receiving marketing communications from ConstructionClock.
(g) Password Obligations You are responsible for keeping your password secure. ConstructionClock cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
(h) User Account Ownership In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, your status as an employee of an entity, etc.
(i) Use of App Your relationship with ConstructionClock is that of an independent User and no relationship of employment, partnership or agency is created or implied by these Terms. ConstructionClock does not direct or control your use of the ConstructionClock App or any estimates generated, and you agree that you have complete discretion whether or not and when to use the ConstructionClock App, and how, as well as understand the ConstructionClock App is only a tool to assist estimators, and not intended to be used alone, or as a substitute for decision making.
(j) Intellectual Property
(i) License Subject to your compliance with these Terms and your payment of any User fees owed to ConstructionClock, ConstructionClock grants you a non-transferable, non-exclusive, limited license to access and use the ConstructionClock App. Except as explicitly provided herein, nothing in these Terms gives you a right to use the ConstructionClock names, trademarks, logos, or other distinctive brand features, or content including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, without our prior written consent, other than with respect to transacting with the ConstructionClock App to create estimates. For certainty, no User has any right to copy any content (other than for the estimates generated) or reverse engineer any code all of which is otherwise specifically prohibited.
(ii) Reservations of Intellectual Property Rights The ConstructionClock App including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, (collectively, “Content”), and all intellectual property rights related thereto, other than your Content | Estimates, are the exclusive property of ConstructionClock. Use of the ConstructionClock App for any purpose not expressly permitted by these Terms is strictly prohibited.You shall not use, copy, modify, replicate, exploit, re-engineer, design or re-design any product or service using concepts, techniques, process or ideas employed by ConstructionClock’s unique app without the prior written consent of ConstructionClock
(iii) Your Content | Estimates Subject to payment of any User fees owed to ConstructionClock you own your Content | Estimates and ConstructionClock does not claim any ownership or other interest nor is it responsible in any way for your use of any of your Content | Estimates when you as a User post or publish any inputs to or outputs from use of the ConstructionClock App.
(iv) Your Account not with standing anything to the contrary herein, you acknowledge and agree that you have no ownership or property interest in the ConstructionClock App by virtue of creating and maintaining a paid Account, and you further acknowledge and agree that all rights in and to the ConstructionClock App (other than limited right to use the ConstructionClock App to create estimates) are and will forever be owned by and enure to the benefit of ConstructionClock.
(v) Promotion and Advertising We reserve the right to identify any Users on the ConstructionClock Website and for also promoting and advertising purposes, whether online, printed or any other form.