Terms and Conditions of Use
Welcome. By accessing or using the Construction Master Solutions, LLC (“CMS”) website
located at www.cloud-pm.com (the “Website”), you indicate that you
have read and understand this Terms and Conditions of Use Agreement (the “Terms of
Use”), which incorporates by reference our Privacy Notice, located at
https://www.cloud-pm.com/privacy-policy and agree to be bound by it
in its entirety. If you do not understand or have questions about the Terms of Use,
immediately stop all use of the Website and contact
info@cloud-pm.com. If you do not accept this Terms of Use, you may
not use the Website. Your continued use of the Website constitutes your agreement to
the most current version of this Terms of Use. If at any time you do not agree to this
Terms of Use, you must cease your use of this Website. Please note that we are
privately owned and operated and are not affiliated with any state or federal agency.
The Terms of Use apply only to the Website and do not apply to any other websites that
are linked to the Website. For access to the terms and conditions or privacy policies of
linked websites, please refer to the policies of such websites. It is your obligation to
review this Terms of Use before using the Website. Any changes to the Terms of Use
will be effective immediately upon our posting them to the Website, unless otherwise
stated. We reserve the right to change the contents of the Website at any time, with or
without notice.
I. Definitions
For the purposes of this Terms of Use, the following definitions apply:
“Affiliates” refers to companies and divisions under the ownership of CMS or that own
CMS.
“Content” includes all Text, Graphics, Design and Programming used on the Website.
“Graphics” includes all logos, buttons, and other graphical elements on the Website,
including the color combinations and the page layout of the Website, with the exception
of trademarks and intellectual property belonging to third-parties and displayed with
permission.
“Programming” includes, but is not limited to, both client-side code (including but not
limited to HTML, JavaScript, etc.) and server-side code (including but not limited to
Active Server Pages, VBScript, databases, etc.) used on the Website.
“Text” includes all text on every page of the Website, whether editorial, navigational, or
instructional.
“You” or “your” (whether or not capitalized) refers to the person accessing the Website
and agreeing to this Terms of Use.
II. Use Of This Website
The Website serves as a repository for construction documents and files, allowing users to quickly and easily communicate and share documents for various projects. A limited license is granted to you by us to view, download, and use the Website solely as permitted in this Terms of Use. The Website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent.
Account Registration
Certain functions of the Website require registration. You may only create and use an
account for your business use. If you register or provide information to us in any
manner, you agree to provide only true, accurate, current and complete information.
You are responsible for maintaining the security of your account, and you are fully
responsible for all activities and actions that occur in connection with the account.
If we issue a username and/or password to you, you agree to protect such information
by, among other things, keeping your password and other information relating to your
account confidential. If, notwithstanding the foregoing obligation, you allow another
party to use your account, you will be responsible for all use of the Website and all
other activities performed by the party using your account. You must immediately notify
us of any unauthorized uses of your account or any other breaches of security. You
agree that we will not be liable for any acts or omissions by you, including but not
limited to any damages of any kind incurred as a result of such acts or omissions. If you
delete your account, we may still need to retain certain information for record keeping,
administrative, legal and technical purposes, and there may also be residual information
that will remain within our databases and other records, which will not be removed or
changed. By registering for an account, you grant us permission to send transactional
and marketing emails, information about the functionalities of the web application,
offers, promotions and other marketing material to you via email. You may unsubscribe
from marketing content at any time.
You understand that in order to create an account, you will be required to explicitly
agree to abide by the Terms of Use and Privacy Notice. It is your responsibility to
ascertain and obey all applicable local, state, federal and international laws, as
applicable, regarding the use of any services via this Website.
Product Information and Specifications
All features, content, specifications and prices described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website.
III. Restrictions on Use of the Website
You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by CMS, in addition to all rights at law or in equity. In addition, you specifically agree not to use this Website to do any of the following:
- Email or transmit content that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
- Advocate illegal activity or an intention to commit an illegal act;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that infringes on the intellectual property or the rights of any entity or person;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Email or transmit material that includes viruses, worms or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications;
and/or - Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.
IV. Termination Of Access
Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use, or submit any information to, the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.
V. Information You Provide to CMS via this Website
If you choose to provide personal information via this Website, the information will be
used only for certain purposes, as described in our Privacy Notice. Additionally, we may
collect or share certain information based on your usage of the Website, as described in
our Privacy Notice.
In order to facilitate communications between you and CMS, this Website offers you the
ability to contact us. Although we strive to protect and secure our online
communications, and use the security measures detailed in our Privacy Notice to
protect your information, please note that no data transmitted over the Internet can be
guaranteed to be completely secure and no security measures are perfect or
impenetrable. CMS shall have no liability whatsoever for any unaccepted or
unprocessed email instructions or requests, or for any loss or damage arising from or in
connection with any unauthorized use by third-parties of any information that you send
by email or the Website. If you would like to transmit sensitive information to us,
please contact us to arrange a more secure means of communication.
Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Website, and we seek only the minimum necessary information to provide our services and products.
Ownership of User-Furnished Items
You retain all rights, title, and interest in the User-Furnished Items, along with all Intellectual Property Rights associated with the User-Furnished Items, and no title to or ownership of any of the foregoing is transferred to CMS, except as expressly set forth in this Agreement. CMS hereby assigns you all right, title and interest, and associated Intellectual Property Rights that it may have or acquire to any User-Furnished Items. “User-Furnished Items” means the non-public or proprietary information and data that: (a) is owned or controlled by you, as the case may be; and (b) is furnished by you to CMS for use in connection with the Website. You hereby grant to CMS a limited, worldwide, transferable, and non-exclusive license to use the User-Furnished Items as may be reasonably necessary for CMS to provide the services and the Website. “Intellectual Property Rights” means all rights under the patent, copyright and trademark laws of the United States or other applicable jurisdiction.
VI. Monitoring Of Information
CMS does not assume any obligation to review or monitor the content or other
information submitted to the Website by third parties. You assume the risk of verifying
the accuracy of such information posted through independent investigation. CMS does
not ordinarily review the content and information that you upload to the Website.
Notwithstanding the foregoing, we may in our discretion review information submitted
to the Website for any purpose whatsoever and we reserve the right, in our sole
discretion, to remove, edit or reject any information submitted to the Website for any
reason whatsoever.
CMS reserves the right to cooperate with any law enforcement authorities or court
order requesting or directing CMS to disclose the identity of anyone sending any email
messages, or publishing or otherwise making available any materials that are believed to
violate the Terms of Use or law. You agree to waive and indemnify and hold CMS
harmless from and against any and all claims whatsoever resulting from or in connection
with any action by CMS regarding any investigations either by CMS or law enforcement
authorities.
VII. Intellectual Property Rights
CMS owns any and all Intellectual Property Rights relating to the CMS brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the CMS brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “CMS Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the CMS Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the CMS Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the CMS Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any other Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.
VIII. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and
investigate notices of alleged infringement by third-parties and will take appropriate
actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States
Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of
claimed copyright infringement by third-parties should be sent to Website's designated
agent noted below (the “Designated Agent”). If you believe that your copyrighted work
has been infringed under U.S. copyright law and is accessible on the Website, please
notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-
party under the DMCA, you must send a written communication to the Designated
Agent that includes substantially the following: (1) a physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works
are covered by a single notification, a representative list of such works on the Website,
that are claimed to have been infringed; (3) identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to permit us to
locate the material; (4) information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted; (5) a statement that the
complaining party has a good faith belief that neither the copyright owner, nor its agent
nor the law has authorized the use of the material in the manner complained of; and (6)
a statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
Construction Master Solutions, LLC
1501 Hamburg Turnpike Suite #418
Wayne, NJ 07470
or by e-mail at info@cloud-pm.com.
If a valid notification of alleged copyright infringement is received, we will remove or
disable access to the material identified in the notice as being infringing or as being the
subject of infringing activity, and take reasonable steps to notify the alleged infringer
that it has removed or disabled access to this material. Please note that, under the
DMCA, a claimant who makes a misrepresentation concerning copyright infringement
may be liable for any damages, including costs and attorneys' fees, incurred by the
alleged infringer who is injured by such misrepresentation as a result of reliance upon
such misrepresentation in removing or disabling access to the material or activity
claimed to be infringing or in replacing the removed material or ceasing to disable
access to it.
IX. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS/SERVICES SOLD, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. CMS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT CMS ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. CMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND CMS MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. NEITHER CMS NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CMS AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF CMS TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH CMS SHALL BE LIABLE SHALL BE LIMITED TO THE COST OF THE SUBSCRIPTIONS(S) PURCHASED, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER IS GREATER.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release CMS, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products sold or used from the Website. You agree to indemnify and hold CMS and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website or otherwise, including but not limited to the User-Furnished Items, or (3) your breach of this Terms of Use. This indemnification obligation shall survive any termination or expiration of this Terms of Use for any reason.
Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
Third-Party Websites
The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may be operated by companies that are not affiliated with CMS, and may have different privacy policies and terms of use. CMS does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third- party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.
Viruses and Transmission of Sensitive Information
CMS cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. CMS does not assume any responsibility or risk for your use of the Internet, nor does CMS assume any responsibility for any products or services of, or hyperlinks to, third-parties.
Miscellaneous
We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case.
X. General Information
Entire Agreement. These Terms of Use, together with the Privacy Notice constitute the
entire agreement between you and CMS governing your use of this Website,
superseding any prior agreements between you and CMS with respect to this Website.
You also may be subject to additional terms and conditions that may apply when you
use or purchase certain additional services of CMS.
Waiver and Severability. The failure of CMS to enforce any right of the provisions in the
Terms of Use shall not constitute a waiver of such right or provision. If any provision of
the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or
unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms
of Use shall be construed without regard to the invalid, illegal, or unenforceable
provision.
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out
of or in connection with this Website shall be governed by the laws of the State of New
Jersey without giving effect to any conflict of laws provisions. By accessing this Website,
you agree that any action or proceeding arising out of or in connection with this
Website shall be brought solely in a court of competent jurisdiction sitting in the State
of New Jersey, and you agree to submit to the personal and exclusive jurisdiction of the
courts located therein. You hereby waive any defense of an inconvenient forum to the
maintenance of any action or proceeding in other courts and any objection to venue
with respect to such proceeding.