This Terms of Service was last updated on September 8, 2023
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The Gist
ConstructionJobs.com is a platform designed to connect job seekers and employers in the construction industry. Our basic services are free for job seekers, allowing them to search for jobs, create and manage resumes, and apply for job listings. Employers are charged for posting jobs and accessing our resume database. We aim to provide you with control over your content while maintaining responsible usage standards. Ensure that your content, including resumes and job postings, complies with our terms and avoids prohibited content such as spam, viruses, or threats of violence.
If you encounter any content that violates our terms, please report it to our team for review.
Terms of Service
The following terms and conditions govern all use of the constructionjobs.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Construction Jobs' Privacy Policy) and procedures that may be published from time to time by Construction Jobs (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Regardless of where you reside, your agreement is with Construction Jobs, Inc.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Construction Jobs, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 16, and access and use of our Services are only offered to users 16 years of age or older. If you are under 16 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.
Use of our Services requires a constructionjobs.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your email. You are responsible for keeping your password secure.
Construction Jobs
Your constructionjobs.com Account and Website. If you create a resume or post a job on constructionjobs.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your listing. You must immediately notify Construction Jobs of any unauthorized uses of your account or any other breaches of security. Construction Jobs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post a job, create a resume, apply for a job, post links on constructionjobs.com, or otherwise make (or allow any third party to make) material available (any such material or content), you are entirely responsible for the content of, and any harm resulting from, that content or your conduct. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code. By using constructionjobs.com, you represent and warrant that your content and conduct do not violate these terms or the User Guidelines. By submitting content to Construction Jobs for inclusion on our website, you grant Construction Jobs a worldwide, royalty-free, and non–exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing, and promoting your job or resume. This license allows Construction Jobs to make publicly-posted content available to third parties selected by Construction Jobs so that these third parties can analyze and distribute your content through their services. You also give other constructionjobs.com users permission to share your content on other constructionjobs.com websites and add their own content to it (aka to tweet or reblog your content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your listing (the sharing function on constructionjobs.com does this automatically!). If you delete content, Construction Jobs will use reasonable efforts to remove it from constructionjobs.com, but you acknowledge that caching or references to the content may not be made immediately unavailable. Without limiting any of those representations or warranties, Construction Jobs has the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that is, in our reasonable opinion, in violation of any Construction Jobs policy or is in any way harmful, objectionable, or discriminatory, or (ii) terminate or deny access to and use of constructionjobs.com to any individual or entity for any reason. Construction Jobs will have no obligation to provide a refund of any amounts previously paid.
Web Traffic. We use a third party, Google, Inc. ("Google Analytics"), and a custom-built analytics system, to measure constructionjobs.com's audience and usage. By using Construction Jobs as your career portal you agree to assign the traffic relating to your portal to Construction Jobs and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your portal's traffic will be included under constructionjobs.com. You understand that your website will not receive credit for traffic in these reports, and you must not assign your portal's traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
Attribution. Construction Jobs reserves the right to display attribution links such as 'Job Originally Posted at constructionjobs.com,' and 'Resume Created Byconstructionjobs.com,' in your cross–posted job listings and resumes generated through our service. Footer credits may not be altered or removed regardless of upgrades purchased.
Text Alerts
As part of our text alert services, you may opt-in to receive job alerts and other relevant career information from Construction Jobs via text message to the mobile number provided in your profile. You certify that you are authorized to allow this number to receive text alerts. Shortly after opting-in to this alert feature, you will receive a welcome text message. If you opt-in to this service, expect to get periodic messages from us. Text "STOP" to the number from which you're receiving alerts to cancel. You understand and agree that you will receive a confirmation text that you have opted-out. There is no charge for this text alert service, but message and data rates may apply from your mobile carrier. Construction Jobs is not responsible for any incomplete, lost, late, misdirected or undelivered messages because of your mobile carrier or otherwise. You can manage whether to receive text alerts under your user account settings at any time. We share your mobile phone number in accordance with our Privacy Policy. If You have questions about our text services, You may also contact Customer Service directly.
Payment and Renewal
Job Postings. To post jobs, you agree to pay the defined rate shown to you when creating the job listing. We offer two options:
Resume Database Access. Optional paid services such as resume database access, are available as an upgrade. By selecting an upgrade you agree to pay Construction Jobs the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service as indicated. You can read about our refund policy here. Unused resume credits will expire after one (1) year.
Payment, Renewal and Refunds. Construction Jobs offers many different services (such as 30-day job credits, resume database access, and annual contracts). By signing up for a particular service, you agree to pay Construction Jobs the applicable subscription fees. 30-Day job postings are billed immediately and must be used within one year of purchase. Annual contracts are manually invoiced. Use of Construction Jobs carries no warranty, neither express nor implied. Construction Jobs has a "no refund" policy. If you are unhappy with any aspect of the user experience, please communicate this to staff; however, there will be no cash refund of posting fees. Payment failures will result in the suspension of your account and the canceling of all your jobs listings.
Cancellation. If you cancel or close your job listing on Construction Jobs, we will allow you to continue to access your applicants and notes for one (1) year from the close or cancel date.
Recruiters. Use of Construction Jobs is available to anyone with a Construction, Design, or Engineering related opening. Access to our resume search database is limited to direct employers seeking to fill legitimate openings within their own companies. Use of the resume database by recruiters, headhunters, or placement agents by any other name is a direct violation of our Terms of Use. Such individuals will have their accounts suspended with no refund of any fees paid. Limited exceptions may be made for independent consultants on a case-by-case basis, dependent upon their business model and unique circumstances. All exceptions must be discussed and approved by ConstructionJobs prior to accessing the resume database.
Responsibility of Visitors
Construction Jobs has not reviewed, and cannot review, all of the material, posted to our Services, and cannot, therefore, be responsible for that material's content, use or effects. By operating our Services, Construction Jobs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non–harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, (although we hope not) as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Construction Jobs disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted. Should you wish to report any illegal, harmful, objectionable, or discriminatory content contained on our site, you may do so by contacting us.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which constructionjobs.com links, and that link to constructionjobs.com. Construction Jobs does not have any control over those non–constructionjobs.com websites and is not responsible for their contents or their use. By linking to a non–constructionjobs.com website, Construction Jobs does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Construction Jobs disclaims any responsibility for any harm resulting from your use of non–constructionjobs.com websites and webpages.
Copyright Infringement and DMCA Policy
As Construction Jobs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by constructionjobs.com violates your copyright, you are encouraged to notify Construction Jobs in accordance with Construction Jobs' Digital Millennium Copyright Act ("DMCA") Policy. Construction Jobs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Construction Jobs will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Construction Jobs or others. In the case of such termination, Construction Jobs will have no obligation to provide a refund of any amounts previously paid to Construction Jobs.
Intellectual Property
This Agreement does not transfer from Construction Jobs to you any Construction Jobs or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Construction Jobs. Construction Jobs™, constructionjobs.com™, and the constructionjobs.com logo, and all other trademarks, service marks, graphics and logos used in connection withconstructionjobs.com or our Services, are trademarks or registered trademarks of Construction Jobs or Construction Jobs' licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Construction Jobs or third-party trademarks.
Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
Construction Jobs may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your constructionjobs.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided "as is." Construction Jobs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non–infringement. Neither Construction Jobs nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Construction Jobs, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Construction Jobs under this agreement during the twelve (12) month period prior to the cause of action. Construction Jobs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with the Construction Jobs Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products are not contrary to applicable U.S. Sanctions. Such use is prohibited, and Construction Jobs reserve the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification
You agree to indemnify and hold harmless Construction Jobs, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous
This Agreement constitutes the entire agreement between Construction Jobs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Construction Jobs, or by the posting by Construction Jobs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Asheville, North Carolina. The arbitration shall take place in Asheville, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Construction Jobs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions
We always welcome your questions and feedback. For terms–related issues, please contact us at:
Construction Jobs, Inc.
PO Box 730
Asheville, NC 28802
Phone: 828.251.1344
Email: [email protected]
