This document is a legal agreement ("Agreement" hereafter) between you and ConstructJob ("ConstructJob") describing the terms and conditions applicable to your use of this Web site ("the ConstructJob Web C-Town Site"). Please examine this Agreement carefully and understand its contents fully before using the ConstructJob C-Town Web Site. By using the ConstructJob C-Town Web Site, you are agreeing to be legally bound by these terms and conditions. If you represent a company or other entity, you also are warranting that you are authorized to enter into this Agreement on behalf of that party. (This Agreement pertains to any successor company to ConstructJob, regardless of legal name).

Disclaimer:

The ConstructJob C-Town Web Site, http://ctown.constructjob.com, is managed by ConstructJob and provided as a service to its suppliers, customers and the general public.

Users of this web site are responsible for checking the accuracy, completeness, currency and/or suitability of all information. ConstructJob makes no representations, guarantees, or warranties as to the accuracy, completeness, currency, or suitability of the information provided via this ConstructJob C-Town Web Site. ConstructJob specifically disclaims any and all liability for any claims or damages that may result from providing the ConstructJob C-Town Web Site or the information it contains, including any web sites maintained by third parties and linked to the ConstructJob C-Town Web Site.

The responsibility for content rests with the organizations who are providing the information. The inclusion of links from this ConstructJob C-Town Web Site does not imply endorsement by ConstructJob. Specific questions regarding a document should be directed to the appropriate organization and not to the ConstructJob. ConstructJob makes no effort to independently verify, and does not exert editorial control over, information on pages outside of the " www.ConstructJob.com " domain.

Conduct policy:

The ConstructJob C-Town Web Site users shall not upload to, or distribute or otherwise publish through, the ConstructJob C-Town Web Site any content which is libelous, defamatory, obscene, pornographic, abusive or violates any law or standards of public decency, or which contains viruses, "worms", "Trojan horses" or any other harmful properties, or use the ConstructJob C-Town Web Site for, or to further, any illegal, unethical or immoral purposes. Without the express prior written consent of ConstructJob, users shall not post advertisements or solicit business on the ConstructJob C-Town Web Site (provided that nothing in this sentence shall limit the use of invitations-to-bid or bids in response thereto).

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You agree to not do the following things: post material that is copyrighted, unless you are the sole copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; or post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

ConstructJob does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

ConstructJob does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, ConstructJob may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communications. ConstructJob has no liability or responsibility to users for performance or nonperformance of such activities. ConstructJob reserves the right to expel users and prevent their further access to the ConstructJob C-Town Web Site for violating this Agreement or any laws and the right to remove any communications for any reason.

Links to Other Sites:

The ConstructJob C-Town Web Site may contain links to third party web sites. Links are provided solely as a convenience to you the user and not as an endorsement by ConstructJob of the contents of such web sites. ConstructJob is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of the materials on such sites. If you decide to access linked third party web sites, you do so at your own risk.

Changes to this Agreement:

This Agreement may be modified only by ConstructJob at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using the ConstructJob C-Town Web Site you agree to periodically review this Agreement and be bound by any modifications or amendments to earlier versions of this Agreement.

Communications:

Any notice to you may be made by either e-mail or regular mail and may be sent to you at your address indicated on the ConstructJob C-Town Web Site.

Your Use Responsibility:

By accessing or using the ConstructJob C-Town Web Site, you assume any and all responsibility and risk of use of the ConstructJob C-Town Web Site and any services or products contained therein. ConstructJob does not and will not guarantee, represent or warrant that the ConstructJob C-Town Web Site will meet your requirements. The information included in the ConstructJob C-Town Web Site may include technical or other inaccuracies or typographical errors. ConstructJob does not review or substantiate any of the information, products, services or claims made on the ConstructJob C-Town Web Site.

Errors or Omissions:

The ConstructJob C-Town Web Site is provided on an "as is" basis and ConstructJob assumes no responsibility for errors or omissions in this ConstructJob C-Town Web Site or any other web site that may be referenced or linked to the ConstructJob C-Town Web Site. ConstructJob does not and will not guarantee, represent or warrant that defects in the ConstructJob C-Town Web Site will be corrected. Although ConstructJob uses certain security measures (as described in the ConstructJob Privacy and Security Statement), ConstructJob shall not be liable for any breach of security or privacy with respect to the ConstructJob C-Town Web Site, including any breach caused by any third party or which results in an unauthorized person or entity learning the contents of any message which is intended to be private.

No Liability for Use:

You agree that ConstructJob will not be liable for any direct, incidental, special, consequential or exemplary damages, resulting from the use of or the inability to use the ConstructJob C-Town Web Site, or from unauthorized access to, or alteration, theft, loss or destruction of, your network, systems, applications, data files, programs, procedures, information, or computer equipment (including through accident or fraud) (collectively, “Use”). ConstructJob shall not be liable for any Use (and you hereby irrevocably waive any and all claims regarding any Use, whether such claims are based in warranty, contract, tort, strict liability or otherwise).

Indemnification:

You agree to defend, indemnify and hold ConstructJob and its affiliates (and their respective directors, officers, members, employees, agents, representatives and attorneys) harmless from and against any and all claims, damages, costs, and expenses (including attorneys fees) arising from your use of the ConstructJob C-Town Web Site, including any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.

Intellectual Property:

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the ConstructJob C-Town Web Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned or licensed to ConstructJob. The ConstructJob C-Town Web Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the ConstructJob C-Town Web Site and the Content are owned by ConstructJob.

Trademarks:

The ConstructJob C-Town Web Site contains ConstructJob and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in the ConstructJob C-Town Web Site including copyright, trademarks, trade secret and patent rights are reserved. Access to the ConstructJob C-Town Web Site does not constitute a right to copy or use any of the intellectual property of ConstructJob or any other person, except as specifically provided herein. User covenants that it will take no action to register or otherwise interfere with or challenge such intellectual property rights.

Copies:

ConstructJob hereby authorizes you to make copies of the Contents (except for confidential or private information to which access is restricted) solely for your internal business use; provided, however, that you shall not have the right to display, transmit or distribute any copies of the Contents to any third parties (including permitting third parties to download, upload, copy or view the Contents). Without limitation of the foregoing, you shall not, directly or indirectly, (1) sell all or any portion of the Contents to any third party or (2) use or exploit the Contents in any way in connection with any web site (other than the ConstructJob C-Town Web Site) related to the construction industry. No right, title or interest in any downloaded materials or software is transferred to you as a result of any copying of the Contents for your internal business use. You agree that you shall not alter or remove any copyright notice or proprietary legend contained in the Content. You agree that any copy made shall include ConstructJob’s copyright notice or any other notice included therein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the ConstructJob C-Town Web Site, or any related software. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Contents by reverse engineering, disassembly, decompiling or otherwise.

User Comments, Feedback And Submissions:

All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to ConstructJob on or by the ConstructJob C-Town Web Site or otherwise disclosed, submitted or offered in connection with your use of the ConstructJob C-Town Web Site, such as an invitation-to-bid or bid (“ITB”) (collectively, "Comments") shall be and remain ConstructJob property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ConstructJob of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ConstructJob will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ConstructJob is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments or any other submission, including any ITB, submitted by you to the ConstructJob C-Town Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the ConstructJob Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Information That You Provide:

ConstructJob requires that the information you provide be true, accurate and up-to-date at all times. This includes, but is not limited to, information within a ITB, any representations made regarding qualifications and competency to respond to such ITBs posted, information concerning intellectual property ownership and rights thereto. We reserve the right to terminate your registration and access to our site if any information provided does not meet these requirements at any time.

ConstructJob assumes that you are the owner of, and/or have received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data you make available to ConstructJob. You are responsible for ensuring that the owner of the information has given you the permission to make the information available to other parties, whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s) who see the information the non-exclusive right-to-use, transmit, modify, or display it as may be required to respond to a ITB.

Membership:

ConstructJob may designate certain organizations as “Members.” Such designation does not confer any ownership interest in, or right to control, ConstructJob, but instead means that the designated organization has access to Member Services provided by ConstructJob as described below.

Eligibility:

Membership is open to legitimate and qualified organizations in the Chicago-area construction community. This includes, but is not limited to: general contractors, specialty/subcontractors, suppliers of goods and services to construction firms, architect and engineers, buyers of construction services, and public agencies involved in regulation of the construction industry. Notwithstanding anything to the contrary in this document, ConstructJob may at its sole discretion refuse to accept an application for Membership and/or limit a Member’s use of the services provided by ConstructJob at any time.

Membership Fee:

There are two types of Membership to the C-Town Construction Community:

The "Basic Listing" Membership is a no cost membership that provides your company a channel to communicate information about your compay to prospective companies needing your services. You are not granted access to the C-Town Community to view/access bid information.

The "Premium Listing" Membership assesses a Membership Fee. The Membership Fee is non-refundable and must be paid in full within 30 days of the Member’s first login to the ConstructJob system; subsequent payments of the membership fee are due and payable on an annual basis within 30 days of the anniversary date of the first login. Failure to pay the Membership Fee in a timely manner is grounds for revocation of Membership. ConstructJob reserves the right to change the amount of the membership fee and/or the payment schedule at any time.

Member Services:

Certain services provided by ConstructJob, hereinafter referred to as “Member Services”, are available only to Members. Member Services currently include access to the ConstructJob Directory and the ability to send and respond to invitation-to-bid messages through the ConstructJob system. ConstructJob reserves the right to modify the Member Services at any time.

Other Terms:

You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the ConstructJob C-Town Web Site.

You agree that ConstructJob, in its sole discretion, may terminate your use of the ConstructJob C-Town Web Site immediately and without notice at any time for any reason or no reason, including if ConstructJob believes that you have acted inconsistently with the spirit or letter of this Agreement.

These terms and conditions and the relationship between you and ConstructJob will be governed by the laws of the State of Illinois without the application of any conflict of law rule which would result in the application of the law of any other jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Cook County, Illinois, for any disputes arising out of or related to the ConstructJob C-Town Web Site.

The failure of ConstructJob to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions remain in full force and effect.

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 ConstructJob C-Town Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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