Standard Terms & Conditions for Construction Platform

Last Updated: July 25, 2023

The Construction Platform, LLC (“TCP”, “we”, “our”, or “us”) welcomes you to our website (the “Site”) and the applications and services available from us, through the Site or other platforms (collectively with the Site, the “Services”). Your use of the Site and the Services are governed by these Terms of Service (these “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site or the Services

We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion

Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.

Privacy Policy. Your use of the Services is also subject to our Privacy Policy, which is located on the Site, as well as any policies and procedures we publish from time to time (collectively, the “Policies”). By accessing or using the Services, you agree that we can collect, use, and share your information pursuant to our Privacy Policy, which is incorporated into and a part of these Terms.
The Services. TCP builds technologies and services that enable the construction industry to connect with each other, build communities, and grow businesses. Our mission is to give people the power to build community and bring the construction industry closer together. To help advance this mission, we strive to provide a platform with a personalized experience to help you connect with others within the construction industry and discover products and services made available by other users of TCP Services.
Registration and Account. Certain of the Services or portions of the Site may require you to register for an account (“Account”). As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account.
Eligibility. The Services are intended for access and use by individuals over 16 years of age. Use of the application by individuals under the age of 16 is expressly forbidden. You represent and warrant that you are at least 18 years old, and you are the person whose name and other information have been provided for the Account that you have or are creating. You also represent and warrant that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
Permitted Uses/Licenses. You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. If we, through the Services, authorize you to copy materials from the Services to your device, such authorization is provided solely for the purpose of your viewing and using the Services on your device for your own individual purposes. The materials provided on the Services are property of us and our licensors, are copyrighted by their original owners, and may be used only as provided to you herein, subject to any further restrictions on use that may be provided in the materials themselves. You agree not to use any of the content on the Services in a manner that violates our or any third party’s copyright or other intellectual property rights.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

Feedback. We consider any unsolicited suggestions, ideas, proposals, or other material submitted to us by users (other than the User Content) (collectively, the “Feedback”) to be non-confidential and non-proprietary, and we are not liable for the disclosure or use of such Feedback. If any user sends Feedback to improve the Site or Services (regardless of method), we will also consider that Feedback to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Feedback. Any communication by you to us is subject to these Terms. You hereby grant and agree to grant to us, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable right and license to incorporate, use, publish, and exploit such Feedback for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, documentation, or any product or service, without notice, compensation or accounting to you and without further recourse by you.
Location-Based Services. Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which you access the Services, the Services may not work appropriately or at all. We will use any location information we receive from you in accordance with our Privacy Policy.
Third Party Sites. The Site may contain links to websites we do not operate, control, or maintain (“Third-Party Websites”). We do not endorse any Third-Party Websites, and we make no representation or warranty in any respect regarding the Third-Party Websites. Any links to Third-Party Websites on the Site are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.
User Content Generally. When you post content or information in connection with the Services (“User Content”), you represent and warrant to us that (i) you own or have rights to use the User Content, (ii) the posting of the User Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services.

By posting User Content, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such User Content for any and all purposes and without further notice to you, attribution, and without the requirement of any permission or payment to you or any other person or entity. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms.

User Conduct. We want people to use the Services to express themselves regarding construction industry related topics and to share information that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (i) are patently offensive in any manner (as determined in our sole discretion), (ii) involve commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to our public image, goodwill, or reputation, (iv) infringe on our or any third party’s intellectual property rights, (v) are unlawful, misleading, discriminatory or fraudulent (or assists someone else in such behavior), (vi) violate any law or any third party’s legal rights, (vii) interfere with or disrupt the servers or networks connected to the Site or the Services, (viii) post, email, or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the Site or the Services, or (ix) “frame” or “mirror” any part of the Site without our prior written consent.

We reserve the right to restrict access to User Content that is in violation of these Terms, as well as the right to suspend or disable your Account for conduct in violation of these Terms. To help support our community, we encourage you report content or conduct that you believe violates your rights or these Terms by contacting us at Support@TheConstructionPlatform.com

Data. You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
Disclaimer of Content. Opinions, advice, statements, offers, or other information provided by other users or made available through the Services, but not directly by us, are those of the respective user, and should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any content that you or any other user or third party sends over the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services or transmitted to users.
Paid Services. We may require Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).

Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. In the event a payment is not successfully debited or charged, and your Account has not been cancelled, we, in our sole discretion, may suspend your access to the Site or the Services until you have provided an alternate payment method for the Paid Service Fees.

Unless otherwise provided in the Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You must cancel your Subscription Services at least one business day prior to the next billing date to avoid paying an additional Subscription Fee. You may cancel a Subscription Service at any time from your Account settings or by contacting our support team at Support@TheConstructionPlatform.com. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

Copyright Infringement. We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Services the material that you claim is infringing is located; (iv)a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: Support@TheConstructionPlatform.com.. We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.
Warranty Disclaimer. You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of content on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

IN FURTHERANCE OF THE ABOVE AND FOR PURPOSES OF CLARITY, WE MAKE NO REPRESENTATIONS REGARDING ANY OF THE FOLLOWING:

Liability or Workman’s Comp Insurance of any person
The skills or qualifications of any person
Any terms of transactions that users of the platform agree upon between each other/and payments owed through such agreements

All user generated content posted to the website or used with the Services is posted by end users of the Services, and TCP does not independently verify or confirm any of the information posted. As such users of the Services engage with each other at their own risk and are strongly encouraged to perform customary diligence on any counterparty before engaging with them.

TCP will not be responsible for any contracts or agreements made by between or among users of the platform, nor will we be responsible for any injuries or harm to property that might occur on any engagement between parties on the platform.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Limitation of Liability. Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, the greater of (i) the amount paid by you to us for your use of the Services in the twelve month period immediately preceding the events giving rise to the claim or (ii) $100. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation or incidental or consequential damages; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
Notices and Electronic Signatures. Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

Communications made to us by email or through the Services’ email and messaging systems will not constitute legal notice to us or any of our officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation. Notice must be provided to us at:

The Construction Platform, LLC
Legal Department
5825 Peach Heather Trail
Valrico, FL 33596

Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Hillsborough County, Florida. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section, to enforce an arbitration award, or to seek injunctive or equitable relief.
Waiver of Jury Trial & Class Actions. HE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Governing Law. These Terms are governed by Florida law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida in circumstances where these Terms permit litigation in court.
Notice for California Users.Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted inwriting at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Miscellaneous. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.