End User License Agreement

Securing your data is very important to us and we do not want to do anything that would cause you to no longer trust us.  We honestly believe that Contractor Foreman is the best all-in-one for your contractors and we look forward to many years of serving you and watching your company grow.  We want to do whatever we can to keep you as an active user and a customer.  That said, it was advised by our legal team that we create an End User License Agreement so that both parties are represented.  So we agreed to under the condition that they remove all legal jargon that could cause any confusion and result in a painful reading experience.  Without further ado, here it goes.

 

Subscription and End User License Agreement (EULA) for Contractor Foreman.

This Subscription Agreement for Contractor Foreman was last updated on June 8, 2018.

Read this agreement in detail: This is a valid agreement between Construction Contractor Services, LLC dba Contractor Foreman and your company or yourself as an individual and any additional users you may add to the system.

When you use this service, you agree to all terms and conditions. If you do not agree, do not use the service.

Upon downloading Contractor Foreman, you the User agrees to the terms and conditions set forth below.

 

Contractor Foreman may change the terms of this agreement as the service changes. Changes will be posted to https://contractorforeman.com/end-user-license-agreement/. If you do not agree to new terms and conditions, contact us so that your account can be terminated.

 

Use of Contractor Foreman

The use of Contractor Foreman consists of the right of the Users (defined below) to use the full services of their subscription service based on Users Account. User has the right to use all features, templates, forms, checklist and PDF’s and videos as needed and based on level of subscription. This is also called content.

Contractor Foreman maintains and makes available content to you via the Web Panel and mobile Apps. To which you are being granted access under this Agreement.

The Service is made available to you by Contractor Foreman during the period you maintain a paid subscription to the Service, and Contractor Foreman may terminate your access to the Service if you do not pay all subscription fees when due. Access is granted to you and any other paid user based on you setting up other company users and assigning them a user name and password.

You do not have the right to sublease your license to another company, individual or entity of any kind,

No rights or licenses are granted to you other than those expressly granted in this Agreement. All other rights are reserved by Contractor Foreman.

 

Agreement: Contractor Foreman may modify this Agreement and may discontinue or revise any or all other aspects of the Service at its sole discretion.

 

Subscription Agreement of Contractor Foreman

Contractor Foreman may at its sole discretion discontinue the Service or substantially reduce the scope of the Service after User receiving notice of the effective date (as defined below), provided Contractor Foreman provides you at least 90 days’ written notice thereof.

 

Ownership: Software, Materials, and Documentation (collectively “Protected Materials”) are proprietary to Licensor and its licensors and protected by applicable U.S. and international patent, copyright, trademark and trade secret laws. Licensor and its licensors shall retain ownership in the Protected Materials and all derivatives thereof, and any intellectual property or other rights embodied therein. All proprietary notices incorporated in or affixed to any Protected Materials must be duplicated by Customer on all copies of the Protected Materials, as applicable, and must not be altered, removed or obliterated. Except as stated herein, Customer receives no other rights to use any of Licensor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

Payments and Renewals: You must pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payment must be in advance. And includes other fees incurred by you as well as possible service fees. Payment for licenses is due whether the license is active or not (being used). If a credit Card is used for payment, you shall maintain a current authorization for Contractor Foreman to debit Your credit card account for such amounts as a condition to signing up for the Service.  Contractor Foreman has the right to charge a reactivation fee if your account is deactivated due to non-payment.  The reactivation fee will be waived if the account is reactivated within 60-days of the original renewal date.  Failure to reactivate your account will result in losing your right to dispute the bill.

You agree to provide Contractor Foreman with complete and accurate billing and contact information and to promptly notify Contractor Foreman of any changes to any such information.

Shall a current or previous customer sign up for a new subscription, their new subscription and account will be merged with the existing subscription unless six-months have passed.  If the customer wishes to “start over” with a new account and no existing/previous data, the customer must make it known to Support within 48-hours of creating the second account.  At no point should additional accounts be created for the purpose of extending a trial.  If this is taking place, the trial end date from the first account will apply to all newly created accounts (unless a period of six-months has passed).

In the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail. Contractor Foreman will automatically renew your license(s) unless you notify Contractor Foreman prior to the next billing period.

 

Termination:

You may terminate your agreement with Contractor Foreman at any time. Contractor Foreman reserves the right to terminate this Agreement if License fees are not paid in full or you break this Agreement in any way. Contractor Foreman reserves the right to terminate the service at any time for any reason. Should this occur Contractor Foreman will refund and remaining money owed in licenses and provide you with 30 days’ notice or termination.

 

Passwords and Access.

You are solely responsible for control and usage of your assigned passwords. Contractor Foreman is in no way responsible for the security of your licensed version of Contractor Foreman. This includes data loss and any and all time associated with it. It is up to the end user to set in place such practices to prevent data loss due to internet security issues within your company.

Contractor Foreman will not sell or rent your personal or company information it may receive based on your subscription.

 

Obligations and Restrictions

Any User shall not use Contractor Foreman for storing any information or data of any kind deemed illegal by State or Federal Authorities or information such as plain-text credit card numbers. Contractor Foreman is not responsible for loss or breach of any data in your system. You may not (nor allow others) to reverse engineer or de compile any portion of Contractor Foreman in any way. This is cause for breach of contract and your account will be immediately terminated. You and other users are solely responsible for the accuracy and integrity of the data stored in your subscription service of Contractor Foreman. Contractor Foreman is not responsible for data deleted by User. Purchasing a subscription of Contractor Foreman does not include the potential cost of internet or WIFI services to access your data. User may not lease, sublease, sell space or data from within Contractor Foreman for any reason or make a monetary gain from the use of letting others from outside your organization having access to any content. All graphics and User Interface layouts are sole property of Contractor Foreman. You, not Contractor Foreman, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and Contractor Foreman shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. Contractor Foreman reserves the right to withhold, remove and/or discard User Data without notice for any breach, including, without limitation, Your non-payment. Upon termination for cause, your right to access or use User Data immediately ceases, and Contractor Foreman shall have no obligation to preserve and/or forward any User Data.

 

Contractor Foreman welcomes and encourages feedback and input from its users. Any and all feedback and input given remains the sole intellectual property of Contractor Foreman and there will be no compensation or reimbursement given or expected.

 

Contractor Foreman reserves the right to audit your data and account. Contractor Foreman will incur any and all costs for said audit. If it is found that users are using Contractor Foreman outside of the scope of this agreement you will be required to remedy the infraction immediately and Contractor Foreman has the right to receive full payment for costs of audit as well as charge for any additional seats or retroactive license fees. If corrections are not made and fees not paid immediately Contractor Foreman may deactivate your account without further notice.

 

Training and Help: Contractor Foreman will provide and maintain a help system within Contractor Foreman. This may include both written and video type help tutorials. Contractor Foreman also at its discretion provide training seminars delivered in a live or recorded web based format. Per its terms, Contractor Foreman may decline free training sessions that are scheduled more than once per week to allow other users the opportunity to schedule a training that fits their schedule.

 

 

Intellectual Property Rights: Contractor Foreman reserves all rights not expressly granted to You in this Agreement. All Content, including its selection and arrangement, is protected by copyright and other intellectual property laws and treaties, and all title and intellectual property rights therein and thereto are owned by Contractor Foreman. Contractor Foreman owns all rights, title and interests in and to the Content and all copies, portions and derivative works thereof (by whomever produced) and all copyrights, patent rights, trade secret rights and all other intellectual property and proprietary rights therein anywhere in the world. By using Contractor Foreman, you are not granted any interest in Contractor Foreman in any way. Using Contractor Foreman in any way other than to process your own content and data is strictly prohibited. You may not download, transmit, reproduce, distribute or in any way exploit any Contractor Foreman intellectual property without first obtaining the express written permission to do so from Contractor Foreman. This Agreement does not constitute a license to use either party’s trade names, service marks or any other trade insignia. Contractor Foreman contains confidential items such as coding and layout and proprietary information. User understands this is intellectual property and shall treat all information as such. User agrees not to disclose or share any such information with outside parties. This pertains to all employees and contractors and subcontractors of Users company.  Users may submit their own private forms, checklist, and safety topic templates with Contractor Foreman for the purpose of making them publicly available to all users within Contractor Foreman.

 

Limited Warranty and Disclaimers: Limited Warranty. Contractor Foreman will make every effort reasonable by industry standards to insure you the user has access to your data. We guarantee the service will be available at least 99% of the time measured over a six (6) month period. Contractor Foreman is not held responsible for internet outages specific to users’ area or for the loss or failure of equipment on the Users part. Downtime and guarantee does not include any scheduled maintenance or upgrades.

You the User accept Contractor Foreman as is with any known bugs or issues. Bugs or issues will be fixed in a reasonable amount of time as set forth in industry standards.

Should Contractor Foreman develop and maintain any third-party integrations Contractor Foreman is not responsible for any data loss, corruption or any other damages of any kind to User from the use of the third-party integration.

Contractor Foreman shall take all necessary precautions to insure third party integrations work as specified but cannot be held liable for the actions of the third party.

 

Limitation of Liability and Remedies: User understands that any damages they may incur from the use of Contractor Foreman shall be limited to no more than the amount paid for Contractor Foreman in any one year period. This includes any re seller or suppliers who may have provided the User with Contractor Foreman.

 

Area of Jurisdiction

This Agreement shall be construed and controlled by the laws of the State of North Carolina and you shall consent to exclusive jurisdiction and venue in the state or federal courts in Rutherford County, North Carolina. Process may be served on either party in the manner authorized by applicable law or court rule.

 

Attorneys’ Fees: If either party retains attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.

 

Severability: If any portion of this Agreement is found or held to be null, void or unenforceable, the other provisions shall continue in effect.

Indemnification: Contractor Foreman hereby agrees at its own expense to defend or, at its option, settle, any claim or action brought against Customer to the extent it is based on a claim that the Licensor Software, or Materials, all as updated by Licensor and used in accordance with the Agreement, infringes any patent, copyright, or any trade secret of a third party. Furthermore, Licensor will indemnify and hold Customer harmless from and against damages, costs and fees reasonably incurred (including reasonable attorneys’ fees) that are attributable exclusively to such claim or action and which are assessed against Customer in a final judgment (“Indemnity”). Licensor’s obligations to defend, settle or indemnify Customer are subject to Customer promptly notifying Licensor in writing of such claim; Licensor having the exclusive right to control such defense and/or settlement; and Customer providing reasonable assistance (at Licensor’s expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without Contractor Foreman’s prior written approval.

 

 Amendment: This agreement remains in force unless both parties agree in writing to an Amendment to be signed by both parties and Notarized.

 

Equitable Relief. The parties are entitled to seek injunctive or other equitable relief under this agreement without the necessity of posting a bond even if otherwise normally required. Such injunctive or equitable relief shall not be the exclusive remedy for any breach of confidentiality, but is in addition to all other rights and remedies available at law or in equity. Notwithstanding anything to the contrary, Licensor’s source code shall be kept confidential in perpetuity. Affiliates of either party are included in the definition of “Licensor” and “Customer”, respectively, for purposes of this Section entitled “Confidentiality”. Confidential Information remains the sole property of the disclosing party, and each party acknowledges and agrees that it does not acquire any rights therein. Use by a recipient of Confidential Information for the purposes contemplated under the Agreement, including, but not limited to, any configuration or use by Customer of the Software or Materials, does not affect or diminish the disclosing party’s rights, title and interest in and to Confidential Information.

 

Entire Agreement. The Agreement constitutes the parties’ entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, agreements, requests for proposals, proposals, conditions, representations, and warranties, or other communication between the parties relating to its subject matter. No modification to the Agreement will be binding unless in writing and includes a signature by an authorized representative of each party, except in the case of an Order Form where Licensor’s acceptance shall be deemed to have occurred on Licensor’s initial delivery of products or services under the Order Form. All pre-printed or standard terms of any Customer purchase order or other business processing document shall have no effect.

 

End of Agreement