IMPORTANT – THESE TERMS APPLY TO YOUR USE OF THE CONSTRUCTIONCLOCK APP
Conditions of Use
These Terms and Conditions of Use contain a number of important obligations, restrictions, notices and disclaimers that apply to this Website and the App, to their use, and to any information which is made available on this Website or the App. By making any use of this Website, the App, and/or any of the pages or information made available on either, you are agreeing to be bound by all of the provisions of these Terms and Conditions of Use and that you will comply with the provisions of these Terms and Conditions of Use in respect of all matters regarding this Website and the App. We recommend that you read the entire Terms and Conditions of Use carefully. If you do not agree with these Terms and Conditions of Use, do not access or view this Website or the App.
Limited License to View
We grant to you a limited license to display on your computer, print, download and use the underlying HTML, text, images, graphics, audio clips, video clips and other content that is made available to you on this Website, for non-commercial and personal purposes only, provided that you do not modify any such content and you include with and display on each copy of such content the associated copyright notice associated this limited license and subject to these Terms and Conditions of Use.
This Website is provided for general informational purposes only. To use the ConstructionClock App requires a User to open an Account. Further terms concerning a User opening an Account with ConstructionClock are identified toward the end of these Terms and Conditions of Use.
2. Other Conditions
In addition to these Terms and Conditions of Use, your use of this Website may also be subject to the terms and conditions posted on or applicable to Third Party Websites. See the section below entitled “Disclaimer regarding Third Party Websites.”
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.
These Terms and Conditions of Use apply to all persons who use this Website or the App, or those who attempt to do so. Such a person is referred to in these Terms and Conditions of Use as “User” or “you.”
In these Terms and Conditions of Use:
– “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
Changes may be made by ConstructionClock to these Terms and Conditions of Use at any time by updating this posting. We strongly recommend that you review these Terms and Conditions of Use regularly, and your continued use of this Website or the App means that you agree to any changes made. Notice of such changes may be given to you whether on this Website or separately, but the failure to give such notice does not relieve you of any responsibility to review these Terms and Conditions of Use or from being bound by the provisions of these Terms and Conditions of Use as amended.
6. Proper Law
This Website and the App and its content are administered by ConstructionClock from its offices in Winnipeg, Manitoba, Canada. This Website and the App, its contents, these Terms and Conditions of Use and your use of this Website and the App are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Website, the App and your use thereof will be decided exclusively by the courts of the Province of Manitoba.
7. No improper use
This Website, the App, and their contents may be used only for the limited purposes described in these Terms and Conditions of Use. You will not make or attempt to make any other use thereof. You will not abuse in any way this Website or App and you will not, and will not attempt to, modify this Website or App or any of their contents, or disrupt or interfere with the availability or operation of this Website or App.
These Terms Conditions of Use constitute a contract between the User and ConstructionClock; ConstructionClock is entitled to rely upon and to enforce its terms.
9. Accuracy of Data
The information, material and content posted on this Website and the App are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information resulting from Internet software and/or transmission problems and/or inadvertent human error.
10. Report Errors
If any errors are noticed on this Website or the App, or in the information which is accessible on either, you are requested to immediately advise ConstructionClock.
11. Disclaimer regarding Third Party Websites
This Website may contain links to Third Party Websites. In addition to these Terms and Conditions of Use, your use of Third Party Websites may be subject to the terms and conditions which have been posted on or are applicable to the Third Party Websites. The parties who own, maintain or control Third Party Websites are solely responsible for their content, and ConstructionClock assumes no responsibility for such content. Links to any Third Party Websites are provided for convenience only, and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them. Linking to Third Party Websites is at your own risk and ConstructionClock is not responsible or liable for any damages in connection with linking. No endorsement or approval of any third parties, or their advice, opinions, information, products or services, is expressed or implied. ConstructionClock does not review or control, and is not responsible for, any information which is created or supplied by a third party.
12. No Warranties
All information contained on this Website and the App is without any warranties of any kind. ConstructionClock and its officers, directors, employees, and contractors make no representations and disclaim all express and implied warranties of any kind including representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability of fitness for a particular purpose, and assume no responsibility for the consequences of any errors or omissions.
ConstructionClockAs a User, you assume full responsibility for risk of loss or damage of any nature whatsoever arising from or in connection with use of this Website or the App. You further agree that ConstructionClock and none of its officers, directors, employees, and service providers shall be liable for any loss or damage of any nature whatsoever, arising out of or in connection with the use, or the inability to use, this Website or any Third Party Website, regardless of whether ConstructionClock has been notified of the possibility thereof, and including any claims whether or not foreseeable based on contract, tort, strict liability or other legal or equitable theory. ConstructionClock is not liable for any action or decision made by you in reliance on this Website or the information contained herein, or any unauthorized use or reproduction of this Website or the information herein.
14. Indemnify ConstructionClock
As a User, you shall indemnify and save harmless ConstructionClock for all claims, liabilities, losses and expenses (including legal fees) arising from your use of this Website, the App and/or violation of these Terms and Conditions of Use.ConstructionClock
15. More Information
If you have any questions or concerns regarding this Website or the App, please contact us at:
This Website and the App are owned and operated by Roofbundle Incorporated.
© 2022, Roofbundle Incorporated. All rights reserved. Except where expressly stated otherwise. This Website, the App, and all information which is available therein is the property of ConstructionClock, and is subject to the exclusive copyright held by ConstructionClock; and unless otherwise specified, no person has permission to copy, redistribute, modify, reproduce or republish in any form any information found on this Website or the App. This includes electronically reproducing by “uploading” or “downloading” or accessing onto the Internet or any other computer system. Any infringement of the rights of ConstructionClock will result in appropriate legal action.
This Website and the App contains names, words, titles, marks, logos, icons, trade names, brand names, designs, domain names or other content which may constitute registered or unregistered trademarks or service marks (which are collectively referred to in these Conditions of Use as “Trademarks”). The Trademarks are protected by Canadian and foreign trademark laws. All rights reserved. Trademarks are owned by ConstructionClock or are owned by third parties who have granted licences to ConstructionClock to use them.
20. Termination of Access
We may terminate your access to this Website or the App at any time without notice. If your access has been terminated and you have any questions, please contact us at the address designated above.
21. Availability of Website
We do not warrant that this Website or the App will be available and meet your requirements or that access to this Website or the App will be uninterrupted. Interruptions of availability may occur at any time, without notice, including periods of unavailability required for maintenance or technical reasons.
22. Termination of Website
This Website or the App may be terminated at any time by us without notice.
IMPORTANT – THESE ADDITIONAL TERMS APPLY TO YOUR USE OF THE CONSTRUCTIONCLOCK APP
By using this mobile application and/or any of the services, documents, or estimates provided by Roofbundle Incorporated (“RoofBundle”), you are expressly and voluntarily agreeing to be bound to all the terms and conditions of use, including all disclaimers, waivers, and limitation of liability clauses, on behalf of yourself and others for whom you are using the app and for who any estimates and results will be used in all respects; and, that you have read, entered into and agreed to such terms for good and valuable consideration, the receipt and sufficiency of which is acknowledged, and agree forever to disclaim any right to argue to the contrary. If you do not agree with the terms and conditions of use, disclaimers, waivers, or limitations of liability, do not use this mobile application or any services or documents made available by ConstructionClock.
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.
(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.
(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 & Phone Communications: You acknowledge, expressly consent and agree that ConstructionClock may use the email address and phone number 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 ensure 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.