PLEASE READ THE FOLLOWING CAREFULLY. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CONSTRUCT-ED, INC. (REFERRED TO AS THE “COMPANY” OR “WE”) WITH RESPECT TO YOUR CURRENT AND FUTURE USE OF THIS JOB BOARD AND THE RESOURCES AVAILABLE ON IT. IN THIS AGREEMENT YOU WILL BE REFERRED TO AS “YOU” OR “USER”.
BY USING THE JOB BOARD, YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS JOB BOARD.
Section 1. Who We Are. The Company, Construct-Ed, Inc., is a Pennsylvania corporation which provides easily accessible resources for education and training on issues related to the construction industry. The Company has established the Construct-Ed™ Job Board to create added value by linking job postings to education and training to candidates within the construction industry, making for better trained employment candidates and improved opportunities for job seekers in the construction industry.
Section 2. Access and Use of the Job Board. The Construct-Ed™ Job Board is designed to provide job seekers the opportunity to have access to postings of numerous available job openings within the construction industry and to provide employers access to a strong pool of candidates interested in becoming skilled workers. As a job seeker, You will also have access to the Construct-Ed™ website, which is designed to help You learn and develop skills involving techniques and new products used in the construction industry, which can make you a more attractive candidate to potential employers. To the extent You use such resources, You agree to abide by the Construct-Ed Website Use Agreement, which You can view here. https://www.construct-ed.com/legal/ By using the Job Board, You agree that the Company is not responsible for any hardware, software, or internet access or availability issues, and You agree to hold the Company harmless for any such issues. The Company does not provide internet or mobile access and You are responsible for all fees relating to telephone, data, and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining internet connectivity. You are solely responsible for all information contained in any resume or other documents, images, or hyperlinks that you may post, upload, email, transmit, or otherwise make available through the Construct-Ed™ Job Board, as more particularly set forth in the Content section of this Agreement. You agree to ensure that any images and/or text that You post or link to as a URL and/or a hyperlink are under Your explicit control. Linking an image and/or text from another site that is not under Your control could result in a violation of this Agreement. By using this Job Board, You are warranting that You have permission to post all images or hyperlinks, even if they are subject to copyright protection. You warrant that You will not submit an image or hyperlink which depicts or directs any internet traffic to a resource or website that disparages or undermines the content provided by the Company on its website. If You submit a document, an image, or a hyperlink that is later alleged to be infringing of another person’s copyright, or which is otherwise contrary to the warranties contained in this Section, the Company may immediately disable Your access to the website or remove the document, image, or hyperlink which does not comply. We will comply with any lawful demands of third parties related to all copyrighted material. All rules set forth in the Content section of this Agreement apply equally to posting images and hyperlinks, as well as to other forms of posting or linking. If You choose to post a URL, hyperlink, image, or any other content, You do so at Your own risk. You agree not to use the Job Board for any illegal purpose, or for any purpose which may infringe on the property rights of others. You represent that You are over the age of 18 and assume responsibility and liability for Your compliance with this Agreement.
Section 3. Interruption of Service. The Company reserves the right to interrupt the service or deny access to the Job Board from time to time on a regularly scheduled basis or otherwise, with or without notice, in order to perform necessary maintenance. You agree that the Company will not be liable for any interruption of the service through the Job Board, or from any delay or failure to perform for any reason. You acknowledge that access to the Job Board may also be interrupted for reasons beyond the control of the Company, and We cannot make any assurances that You will be able to access and use the Job Board whenever You desire to do so.
Section 4. Intellectual Property Rights. The Construct-Ed™ Job Board was developed by and is the sole property and constitutes confidential and proprietary information of the Company. You are being granted access to use the Job Board only under this Agreement. You shall not disclose or transfer Your passwords or any other method of accessing the Job Board to any third party or to any unauthorized computers or devices. You understand that the use of any feature contained on the Job Board or the Company’s website or through an internet browser enabling passwords to be “remembered” or entered automatically may create breaches in password security, and You assume responsibility for and You understand and agree to take reasonably necessary steps to prevent unauthorized access or use of Your data. You agree to use the Job Board only in connection with career-seeking purposes and You will not make any other commercial use of the Job Board or the materials contained on it.
Section 5. License to Use. You are hereby granted a limited, terminable, non-exclusive right to access and use the Job Board only as provided in this section. If You are a job seeker, Your license is limited to Your personal use seeking employment opportunities for Yourself. If You are an employer seeking candidates for employment, Your license is limited to Your business use for that purpose. The Company reserves the right to suspend, terminate or revoke Your license at any time in its sole and absolute discretion.
Section 7. Export Control Laws/U.S. Government Restricted Rights. You agree to comply with all United States and other applicable laws, rules and regulations relating to the export, re-export or transshipment of the Software. Use, duplication or disclosure of the Software by the United States Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR52.227-19, as applicable. This means that You are restricted from any use of the Job Board or its functionality and from downloading or exporting any functionality from the Job Board to certain countries and individuals as identified by U.S. Government laws, regulations, or agencies. We make no representation that materials on the Job Board are appropriate or available for use in locations outside the United States and accessing any such materials from areas where their contents are illegal is prohibited.
Section 8. Fees. If You are an employer, fees for Your use of the Job Board are determined and calculated based on the schedule provided on the website. You agree to pay the fees as listed. You authorize us to charge such fees to the credit card account which You identify when You purchase the course. If Your credit card is declined, You agree to pay the Company all such charges within thirty (30) days after receipt of notification from the Company, plus any late charges the Company may impose, not to exceed 1.5% per month. If You are a job seeker, there is no charge for Your use of the Job Board, although if You take advantage of training courses made available by the Company, you may be subject to appropriate charges as provided in the Construct-Ed Website User Agreement or as indicated on the Company’s web site.
Section 9. Use of Data. The Company will aggregate and compile data on an anonymous basis that does not identify the individual to whom data relates, to the extent such data comprises educational or career history, including but not limited to occupation, location, salary, education, or experience. The Company will not collect or organize any such data in a manner which makes such data identifiable to any user of the Job Board. The Company will also collect limited personal information, such as Your name, email address, and other contact information. You acknowledge and agree that by making use of the Company’s Job Board, you waive and release any claim You may have against the Company with respect to any third party access to any of the information You have provided to the Company for use in connection with the Job Board. As provided in Section 4. Above, You have the obligation to secure your user name and password information.
Section 10. Exclusion of Warranties and Limitation of Damages. THE INFORMATION, MATERIALS AND RESOURCES ON THE JOB BOARD ARE PROVIDED “AS IS.” THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTY THAT THE JOB BOARD WILL BE ERROR FREE OR UNINTERRUPTED OR CONCERNING THE SECURITY, RELIABILITY, AND TIMELINESS OF ANY RESOURCES AVAILABLE ON THE JOB BOARD. THE COMPANY AND ITS AGENTS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR OTHER SUCH DAMAGES ARISING OUT OF THE USE OF (OR IMPROPER USE OF), OR INABILITY TO USE, ANY OF THE INFORMATION OR RESOURCES AVAILABLE ON THE JOB BOARD, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PERSON OR ENTITY RELATED THERETO. THIS LIMITATION SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH LINKS MADE AVAILABLE THROUGH THE JOB BOARD OR THE COMPANY’S WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES AVAILABLE THROUGH THE JOB BOARD AS A MEANS OF MEETING YOUR EMPLOYMENT OBJECTIVES. THE COMPANY MAKES NO GUARANTEES WHATSOEVER THAT USE OF THE JOB BOARD WILL RESULT IN ANY CANDIDATE BEING HIRED, ANY POSITIONS FILLED, OR ANY EMPLOYEES BEING RETAINED. THE COMPANY IS NOT RESPONSIBLE FOR ANY INDIVIDUAL BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS MADE BY YOU.
Section 11. Indemnification by You. You will, at Your sole cost and expense, assume all risk of injury or loss and will indemnify and hold the Company and its officers, directors, employees, agents, instructors, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or related to Your violation of the terms of this Agreement, or the violation of the terms of this Agreement by any person who has access to the Job Board through You, or any Content displayed through Your use of the Job Board, or any actions You may take based on materials or resources available to You on the Job Board.
Section 12. Arbitration. The parties shall settle any controversy arising out of this Agreement by arbitration in Bucks County, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within twenty (20) days after the filing and service of the demand for arbitration, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The non-prevailing party shall pay all costs of arbitration and the attorneys’ fees of the prevailing party, and the parties shall request the arbitrator to include such provisions in the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Section 13. Miscellaneous. The terms of this Agreement may be amended or modified by the Company on a prospective basis at any time without prior notice to You. You may not assign Your rights or delegate any of Your duties under this Agreement without the Company’s prior written consent, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. This Agreement shall be governed by the substantive laws of the Commonwealth of Pennsylvania.