TERMS & CONDITIONS
Welcome to R.E. Crawford Construction’s websites www.jobsitelink.com and www.recrawford.com on the World Wide Web (the “Sites” www.recrawford.com and www.jobsitelink.com). The terms and conditions set forth below (the “Terms”) govern the use of these Sites and are legally binding on you as the user, including your employer, employees, consultants, agents and customers as permitted. If you do not agree with one or more of the Terms, do not access or otherwise use this Site or any information contained on this Site. Your use of this Site is your agreement to abide by each of the Terms set forth below. PLEASE READ THESE TERMS CAREFULLY.
Use Of The Sites
You are authorized to use the Sites contents (the “Contents”) solely for your internal business use, as more particularly set forth below, and not for resale, license or further distribution, whether private or public.
No other permission other than the rights set forth below is granted to you to use, execute, reproduce, publicly display, publicly perform, distribute, store, alter or modify the Contents.
Right of Access
Subject to the terms and conditions of this Agreement, R.E. Crawford Construction grants to you a non-transferable, worldwide, nonexclusive right to access and use, in object code form only, the software, and any enhancements, improvements or modifications thereof, provided by R.E. Crawford Construction to you through this Site (all of the foregoing “Software”), on one or more servers operated by or for R.E. Crawford Construction. The number of such servers is determined by R.E. Crawford Construction. This right of access is granted for the sole purpose of using the Software and its components to generate documentation and to perform calculations for your use regarding your projects.
You agree not to reverse engineer, translate, disassemble, or decompile the Software, or otherwise attempt to create any source code which is derived from any of the Software, nor shall you attempt to create any passwords to allow unauthorized activation of the Software. You further agree not to grant licenses of your rights of access granted hereunder or to reproduce, distribute, display, publicly perform or create derivative works from the Software.
During the term of this Agreement, each party may or will have access to certain confidential information of the other concerning such party’s business, including such party’s products, services, technical data, trade secrets, inventions, processes, customers, marketing, sales and other business information. All such information shall be deemed “Confidential Information.” Each party shall use the Confidential Information of the other solely in exercising its rights granted under this Agreement, and all Confidential Information shall remain the sole property of the disclosing party. With regard to Confidential Information, each party shall use the same degree of care as it uses to maintain the confidentiality of its own confidential information, but no less than reasonable care not to make disclosure of the Confidential Information to any third party without the written consent of the disclosing party, except to employees, consultants or agents to whom disclosure is necessary in exercising its rights granted under this Agreement and who are bound by a duty of confidentiality with respect thereto. Information shall not be deemed confidential if it
(i) is known to the receiving party prior to receipt from the disclosing party as reasonably evidenced by such receiving party;
(ii) becomes known to the receiving party from a source other than one, who, to receiving party’s knowledge, is under an obligation of confidentiality to the disclosing party;
(iii) becomes publicly known or otherwise ceases to be confidential other than by a breach of the receiving party;
(iv) is independently developed by the receiving party without access to the information of the other party. The confidentiality obligations hereunder shall survive the termination of this Agreement.
Password Restricted Areas of These Sites
Once you subscribe to these Sites by registering, you will receive a password and an account. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your password and account information (or your employees’ passwords and account information, if applicable), and agree to notify R.E. Crawford Construction if the password is lost, stolen or disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual or entity undertaking such activities. You agree to immediately notify R.E. Crawford Construction of any unauthorized use of your account or password, or any other breach of security known to you in relation to these Sites or databases.
User Data and Information
You represent and warrant
(i) that all data and information you enter into a database, or otherwise supply, under this Agreement will be accurate and complete,
(ii) that you will update the data and information as appropriate to maintain its accuracy and completeness, and
(iii) that you assume the risk of any loss or damages if such data is inaccurate, incomplete or otherwise in error.
The data you enter into the data base on a server operated by or for R.E. Crawford Construction will be stored.
Project Data and Information
R.E. Crawford Construction acknowledges that in connection with your use of these Sites, you may provide non-public information to these Sites regarding your project (“Project Information”). R.E. Crawford Construction has developed a security policy regarding the Project Information.
R.E. Crawford Construction shall only access the Project Information to the extent reasonably necessary to:
(i) host the Project Information on servers maintained by or on behalf of R.E. Crawford Construction
(ii) enable your use of these Sites and
(iii) to periodically back up the Project Information. You acknowledge and agree that R.E. Crawford Construction will back up the Project Information for your convenience only, and you assume all risks of inaccuracy, loss or damage to any Project Information you provide to these Sites.
You acknowledge that the data and the information you enter into a database under this Agreement, and your use of the Contents contained on these Sites are subject to copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You agree that you are wholly responsible for your actions or the actions of any person using your password in respect of those laws. You agree not to interfere with the use of these Sites by others, including, without limitation, the submission of any virus to these Sites or the transmission of junk mail, spam, bombs or unsolicited email. You further agree not to place on these Sites, or use these Sites or its facilities to communicate, any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or tortuous material of any kind or any material that invades, infringes or violate the rights of any person or entity.
You agree to indemnify and hold R.E. Crawford Construction entirely harmless from and against any and all claims, demands, costs, damages, liabilities, and expenses (including, without limitation, costs of investigation and attorneys’ fees) incurred or to be incurred by R.E. Crawford Construction arising from or relating to
(i) use of these Sites or databases,
(ii) breach of any term of this Agreement,
(iii) violation of any applicable law, regulation or the right of any third party, or
(iv) negligence, misrepresentation, error or omission, by you, your employees, consultants, agents, or customers, or by any other party using your password.
Disclaimer of Warranty
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R.E. CRAWFORD CONSTRUCTION PROVIDES THE CONTENT AND ANY OTHER INFORMATION ON THESE SITES, AS WELL AS ALL DATABASES AND EQUIPMENT, ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. R.E. CRAWFORD CONSTRUCTION DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITY FOR ERRORS, OMISSIONS OR MISREPRESENTATIONS IN ANY USER DATA OR USER INFORMATION SUBMITTED BY, OR INPUTTED BY, YOU AS USER, OR IN OTHER INFORMATION THAT IS REFERENCED BY OR LINKED TO THESE SITES, OR BY YOUR USING THESE SITES PURSUANT TO ANY DOCUMENTATION OTHER THAN THE DOCUMENTATION PROVIDED HEREUNDER BY R.E. CRAWFORD CONSTRUCTION. IN ADDITION, R.E. CRAWFORD CONSTRUCTION IS NOT RESPONSIBLE FOR ANY DAMAGES OR OTHER LOSS RESULTING FROM ANY CONTRACT YOU ENTER INTO WITH ANY THIRD PARTY, IN CONNECTION WITH WHICH CONTRACT THE LICENSED SOFTWARE OR THESE SITES OR ANY DATABASE IS OR MAY BE USED.
R.E. CRAWFORD CONSTRUCTION DOES NOT WARRANT THAT YOUR USE OF THESE SITES, THE OPERATION OR FUNCTION OF THESE SITES, ANY DATABASE OR EQUIPMENT, ANY COMPONENT OF ANY OF THE FOREGOING, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREIN WILL BE CORRECTED; OR THAT THESE SITES OR ANY INFORMATION OR DATABASE, OR ANY SERVER OR OTHER EQUIPMENT OPERATING THEM IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU FURTHER ACKNOWLEDGE THESE SITES MAY BE UNAVAILABLE FOR PERIODS OF TIME DO TO MAINTENANCE, UPGRADES OR EVENTS BEYOND THE REASONABLE CONTROL OF R.E. CRAWFORD CONSTRUCTION AND THAT R.E. CRAWFORD CONSTRUCTION SHALL HAVE NO LIABILITY TO YOU FOR SUCH UNAVAILABILITY.
Limitation of Liability
ALTHOUGH R.E. CRAWFORD CONSTRUCTION ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THESE SITES AND ON ASSOCIATED DATA BASES, SERVERS AND OTHER EQUIPMENT, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF ANY OF THE FOREGOING. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE OR ITS SERVICES, THAT YOU DO SO AT YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH THAT USE, INCLUDING, WITHOUT LIMITATION, ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THAT USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R.E. CRAWFORD CONSTRUCTION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THESE SITES, ANY DATA BASE, INFORMATION OR EQUIPMENT. IN NO EVENT SHALL R.E. CRAWFORD CONSTRUCTION BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) RESULTING FROM USE, OR INABILITY TO USE, THESE SITES, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THESE SITES, HOWEVER ARISING. THE FOREGOING DISCLAIMER APPLIES WHETHER THE ABOVE CLAIM FOR DAMAGES IS FOR BREACH OF CONTRACT OR IN TORT, EVEN IF R.E. CRAWFORD CONSTRUCTION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
R.E. Crawford Construction operates these Sites from its headquarters in the United States of America and makes no representation that these Sites are appropriate or will be available for use in other locations. You are entitled by this Agreement to use these Sites from outside the United Stated of America. However, if you do so, you are entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to these Sites.
R.E. Crawford Construction does not monitor your data and transmissions and does not represent or warrant that any User Information provided by users of these Sites is accurate, complete or not misleading. These Sites do actively monitor accounts for system utilization. However, in R.E. Crawford Construction’s efforts to promote good citizenship within the Internet community, if R.E. Crawford Construction becomes aware of inappropriate use of these Sites or any service relating to these Sites, R.E. Crawford Construction will respond accordingly. You, on behalf of your employees, consultants, customers and any other user of your password, acknowledge that R.E. Crawford Construction will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, R.E. Crawford Construction will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, R.E. Crawford Construction reserves the right to terminate service to you without notice and to terminate the access rights granted to you hereunder. R.E. Crawford Construction’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by R.E. Crawford Construction in its sole discretion, will result in immediate termination of service. You understand that R.E. Crawford Construction has the right to terminate any account for any reason that is interpreted as an abuse of the account.
You agree that R.E. Crawford Construction and/or its suppliers may make improvements and/or changes in the products, databases, services, programs and prices described on these Sites at any time without notice, and you further agree that R.E. Crawford Construction can revise these Terms at any time without notice by updating this posting. You agree that your continued use of these Sites after such revisions have been posted constitutes your acceptance of such revised Terms. You acknowledge that R.E. Crawford Construction reserves the right to discontinue, on a temporary or permanent basis, these Sites, any database and the services and products provided therein without notice and without liability to you. Any action related to these Terms will be governed by Pennsylvania law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of R.E. Crawford Construction to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by R.E. Crawford Construction in writing. The Terms comprise the entire agreement between you and R.E. Crawford Construction and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
If a separately signed offline agreement has been executed between R.E. Crawford Construction and your employer, the terms of that offline agreement shall supersede these Terms in their entirety.