Construction Industry Advancement Program of New
Jersey is dedicated to the fundamentals of
protecting your privacy on the Internet.
If and when we collect information on what pages visitors access
or visit, this information is aggregated to measure number of
visits, average time spent on the site, pages viewed, etc.
Construction Industry Advancement Program of New
Jersey
uses this information to measure usage and improve the content
of our site.
When we also collect information (via on-line forms) it is for
the purpose of attracting and communicating with clients,
partners, and other interested parties.
In consideration of Construction Industry
Advancement Program of New Jersey
("Construction Industry Advancement Program
of New Jersey" "we," "us" or "our") providing
you (which term, as used herein, includes you
personally and, if you are using this website on
behalf of the company or organization on whose
behalf we grant you access) access our Internet
website, Construction Industry Advancement
Program of New Jersey (the "Site"), and the
information, documents, reports, data, features,
functionalities and software that may be offered
to you through the Site and the other materials
on the Site (collectively, and as such may be
revised from time to time by us, the "Content"),
you hereby agree to the following terms and
conditions (this "Terms of Use"):
PROPERTY RIGHTS IN THE SITE AND CONTENT;
INFORMATIONAL PURPOSES AND COMPLIANCE WITH LAW
Construction Industry Advancement Program of New
Jersey is owned and operated by Construction
Industry Advancement Program of New Jersey. The
Site and the Content are our property and are
protected by applicable copyright, patent,
trademark and other intellectual property laws.
Except as expressly authorized herein, you may
not reproduce, transmit, sell, display,
distribute, publish, broadcast, circulate,
modify, disseminate or commercially exploit the
Site or the Content in any manner (including
electronic, print or other media now known or
hereafter developed) without our written
consent. Use of the Site or the Content in
violation of these Terms of Use, or any
applicable law, rule or regulation (whether of
the United States or other countries), or the
rights of any third party is prohibited. You
agree not to use the Site or the Content for any
unlawful purposes and comply with any and all
requests from us to protect our respective
rights in the Site and the Content. You may use
the Site and the Content only for your personal
use only. You may download the Content to your
computer and print out a hard copy for your
reference and internal use and display, but you
will not remove any copyright or other notices
contained in the Content. We expressly prohibit
the use of devices (including software) designed
to provide repeated automated access to the Site
and the Content for any commercial purpose
except for those expressly authorized by us. We
reserve the right to take any and all measures
necessary to prevent such access, including
denial or termination of your access to the
Site. If you have any questions about any
materials posted on the Site, we urge you
contact your Construction Industry Advancement
Program of New Jersey representative.
NON-Construction Industry Advancement Program
of New Jersey CONTENT, PRODUCTS AND
SERVICES MENTIONED ON THE SITE
We neither endorse nor are responsible for the
accuracy or reliability of any opinion, advice
or statement made on the Site by anyone other
than authorized Construction Industry
Advancement Program of New Jersey employee
spokespersons while acting in their official
capacities. We do not review and assume no
responsibility for any content received from, or
created by, any third parties. Furthermore, we
do not review and assume no responsibility for
any products or services mentioned on the Site,
whether provided by Construction Industry
Advancement Program of New Jersey, affiliated
companies or unaffiliated third parties. You
agree to make your own independent evaluation of
the products and services mentioned on the Site,
including their quality.
HYPERLINKS
In the event you use the Site or the links
included on the Site to gain access to any World
Wide Web site or any Internet location or a
source of information of any company,
organization or person other than
Construction Industry Advancement Program of New
Jersey, you acknowledge that such other
sites, locations and sources are not under our
control and agree that we will not be
responsible for any content or links found at
any such site, location or source, for your use
of such information, or for any such site's,
location's or source's use of any information
you submit to them. We provide such links only
as a convenience to you, and have not tested any
software or verified any content found at such
sites, locations or sources. The fact that we
have provided a link to any non-Construction
Industry Advancement Program of New Jersey
site, location or source does not signify our
endorsement of the site or its contents. There
are inherent risks in the use of any software
and/or content found on the Internet, and you
acknowledge that you understand these risks.
NO OBLIGATION TO KEEP INFORMATION CURRENT
We are not under any obligation to update the
Content to reflect circumstances that may occur
after its initial publication date. Due to legal
restrictions or other reasons, we may not update
any Content including to take into account
material changes or new information.
DISCLAIMERS POSTED ON THE SITE; CONTENT TO BE
CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules,
restrictions and disclaimers that are posted on
the Site. All materials on the Site are meant to
be reviewed in their entirety, including any
footnotes, legal disclaimers, restrictions,
disclosures and copyright or proprietary
notices. Disclaimers, restrictions, disclosure
or hedge clauses apply to any partial document
or material in the same manner as they do the
whole, and will be deemed incorporated in the
portion of any material or document that you
consult or download.
USER CODES
In connection with your use of or access to the
Site, we from time to time may provide you with
user names, passwords and/or other unique
identifiers ("User Codes"). You are responsible
for security and confidentiality of the User
Codes and agree not to disclose them to any
third party, including, if you are accessing the
Site on behalf of any company or organization,
any other employee in your company or
organization. You are responsible for any and
all information provided and any and all acts
and/or omissions that occur while User Codes are
being used. We are not responsible for any
breach of security caused by your failure to
maintain the confidentiality and security of any
of the User Codes. You agree to notify us
immediately in the event of loss, theft or
disclosure of any or all of the User Codes, if
you believe the confidentiality or security of
any or all of the User Codes has been
compromised in any way or in the event of your
learning about a possible or actual unauthorized
access to and/or use of the Site. We reserve the
right to revoke or modify the User Codes at any
time without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use
of all information and data that you input or
otherwise communicate during your access to
and/or use of the Site or through any e-mail to
or from us and any other electronic
communication means and the transmittal of the
same to our affiliates, subsidiaries, branches
and third parties for order and other
processing, database maintenance, record keeping
or any other use in accordance with customary
practices, policies and procedures applicable in
the United States and, of course, our privacy
policies. In addition, we may disclose such
information to the extent that we determine in
good faith to be required by any applicable
laws, rules or regulations or order or in
enforcement of our rights or the defense of
claims. We expressly reserve the right to
monitor any and all use of the Site.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat,
information, submission or instant messenger
communication, whether transmitted through the
Internet, the Site, a proprietary network, a
computer, a pager or other wireless device or
otherwise (collectively, "Electronic Messages")
may not be secure and communications using
Electronic Messages may not be confidential.
In addition, we assume no responsibility to
update any information communicated to you using
Electronic Messages. Furthermore, even if our
representative has communicated with you using
Electronic Messages, the representative may not
(and we assume no obligation to) timely see,
process, act on or respond to any message from
you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
THE SITE AND THE CONTENT IS PROVIDED TO YOU ON
AN "AS IS," "AS AVAILABLE" BASIS.
Construction Industry Advancement Program of New
Jersey
AND ITS AFFILIATES DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, QUALITY, ACCURACY,
COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE
UNINTERRUPTED SERVICES. AS TO THE OPERATION OF
THE SITE, Construction Industry Advancement
Program of New Jersey MAKES NO WARRANTY THAT
(i) THE OPERATION OF THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE
UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE
CORRECTED. YOU (AND NOT Construction Industry
Advancement Program of New Jersey) ASSUME
THE ENTIRE COST OF ALL SERVICING, REPAIR OR
CORRECTION THAT MAY BE NECESSARY FOR YOUR
COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF
ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY
HAVE AS A RESULT OF VISITING THE SITE. TO THE
EXTENT THAT THE LAW DOES NOT PERMIT THE
DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE
ON THE SITE, OR ANY OTHER SITE, LOCATION OR
SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON
THE SITE ARE WARRANTED ONLY TO THE MINIMUM
AMOUNT LEGALLY REQUIRED. IN USING THE SITE, YOU
SPECIFICALLY AGREE THAT YOU WILL NOT HOLD
Construction Industry Advancement Program of New
Jersey OR ITS AFFILIATES LIABLE TO YOU
OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS,
INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE OR
THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION
OR SOURCE), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE ON THE SITE (OR ANY
OTHER LINKED SITE, LOCATION OR SOURCE). NEITHER
Construction Industry Advancement Program of New
Jersey NOR ITS AFFILIATES WILL BE LIABLE
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY
CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT,
FAILURE OF PERFORMANCE, DELAY IN OPERATION OR
TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR
OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) (i) you are the person to whom the User
Codes you used to access the Site were issued by
us and the information you provided to us in
connection with the issuance of the User Codes,
if any, was and is accurate and complete, or
(ii) you are accessing the Site on behalf of the
company or organization to whom the User Codes
you used to access the Site were issued by us;
(B) if you are accessing the Site on behalf of
the company or organization to whom the User
Codes you used to access the Site were issued by
us, you are duly authorized by all necessary
action and have all consents, rights and
authority to execute these Terms of Use on
behalf of yourself and your principals and the
company or organization on whose behalf we grant
you access to the Site;
(C) you will not reverse engineer, de-compile or
reverse compile any of our technology, including
any software or Java applets associated with the
Site;
(E) if we grant you access to the Site in your
individual capacity, you are of the age of
majority; and
(F) you have all consents, rights and authority
to provide any and all information transmitted
by you to us using the Site, all such
information is accurate and complete and we may
rely on it.
INDEMNIFICATION
You shall indemnify and hold harmless
Construction Industry Advancement Program of New
Jersey, its affiliates and its and their
partners, employees and agents from and against
any and all claims, actions, proceedings,
obligations, penalties, losses, liabilities,
damages, costs and expenses (including
reasonable legal and other professional fees and
costs) directly or indirectly arising out of or
related to (i) your breach of any agreements,
representations and warranties contained in
these Terms of Use, and/or (ii) your access to
and/or use of the Site and/or the Content.
LOCATION; GOVERNING LAW
The Site is published in the United States. You
agree that any access to or use of the Site or
the Content will be deemed to be entirely at our
facility in New Jersey, under and subject to
applicable New Jersey State and United States
Federal law, rules and regulations, to the same
extent as if you were to physically come to our
offices in New York and, without assistance or
solicitation, copy material contained in our
library. These Terms of Use and all the terms
herein will be governed by and construed in
accordance with the laws of the State of New
Jersey without giving effect to principles of
conflicts of law. Any such controversy will be
submitted exclusively to Federal or state courts
in the State of New Jersey. You consent to
personal jurisdiction in any applicable court
for purposes of any such litigation. Any right
to trial by jury with respect to any claim or
action is hereby waived by all parties to these
Terms of Use.
MODIFICATION; TERMINATION
We may at any time and for any reason (a) with
or without prior notice to you, modify or
discontinue, in whole or in part, any portion of
the Site (including the Content or hours of
availability) and/or your access to the Site,
and (b) upon written notice or posting to the
Site, modify these Terms of Use. These Terms of
Use (as may be revised from time to time as
described herein) are irrevocable and will
survive the termination of your access to, and
use of, the Site, and your relationship with us.
You agree that if you use the Site and/or the
Content after such notification of changes in
the Terms of Use, you will be bound by all such
changes.
FORCE MAJEURE
Neither we nor any of our affiliates are liable
for losses caused directly or indirectly by any
of our non-performance as a result of events
beyond our control including natural disasters,
acts of God, war, terrorism actions or decrees
of governmental bodies, exchange or market
rulings, failure of communication lines or
utility systems, equipment and systems failures,
unauthorized access, and theft (each, a "Force
Majeure Event"). All of our obligations with
respect to the effected elements under these
Terms of Use will be suspended for the duration
of such Force Majeure Event.
MISCELLANEOUS
These Terms of Use represents the complete and
exclusive statement of the agreement and
understanding between you and us regarding your
rights to access the Site and to use the
Content, and supersedes all agreements which you
may sign with us, and all representations
(whether written or oral), regarding such
subject matter. Except as herein provided, no
waiver, modification or amendment of any
provision of these Terms of Use will be
effective against us unless the same is in
writing and signed by one of our executive
officers. Should any term or provision of these
Terms of Use be deemed or held to be invalid or
unenforceable, the remaining terms and
provisions will continue in full force and
effect. Our failure to insist at any time upon
strict compliance with any term of these Terms
of Use, or any delay or failure on our part to
exercise any power or right given to us in these
Terms of Use, or a continued course of such
conduct on our part will at no time operate as a
waiver of such power or right, nor will any
single or partial exercise preclude any other
future exercise. All rights and remedies given
to us in this Terms of Use are cumulative and
not exclusive of any other rights or remedies
which we otherwise have at law or equity. These
Terms of Use will be binding upon you and your
executors, heirs, successors and assigns. Any
and all headings in the text of these Terms of
Use are solely for convenience or reference and
do not constitute a part of these Terms of Use,
nor do they affect the meaning, construction or
effect of these Terms of Use. The terms
"including" and "includes" as used in these
Terms of Use are intended to identify some, but
not all, examples relevant to the subject matter
and, therefore, should be read as "including,
but not limited to" or "includes, but not
limited to." Neither you nor we may assign or
delegate its rights, duties or obligations under
these Terms of Use without the prior written
consent of the other party. We may, however,
assign these Terms of Use, or any rights or
obligations hereunder, to an affiliate,
subsidiary or any entity owned, controlled by or
under common control with us, or pursuant to a
merger, consolidation, change of control or
corporate reorganization. These Terms of Use are
in addition to, and do not nullify, any other
agreement between you and us governing the
conduct of your relationship with us or any
other applicable terms and conditions found on
the Site.
ELECTRONIC DOCUMENTS
We may, in our sole discretion, seek your
consent to the terms and conditions of these
Terms of Use and certain other agreements on the
Site by means of an electronic signature by
requesting you to affirmatively check the box
indicating your acceptance to these Terms of
Use, affirmatively "click" on boxes containing
the words "I Accept," "I Agree" or other similar
phrases (collectively, "Acceptance Terms"). If
you "click" on the Acceptance Terms, your
"click" will be deemed a legally binding
electronic signature. You acknowledge and agree
that you will carefully review any document or
web page before making such an electronic
signature. By electronically indicating your
agreement to these Terms of Use or accessing the
Site or using any of the Content after you have
had an opportunity to review these Terms of Use,
you acknowledge and agree: (i) that you and,
where applicable, the company or organization on
whose behalf we grant you access to the Site
intend to form a legally binding contract
between you and Construction Industry
Advancement Program of New Jersey; (ii) that you
have read and agree to the terms and conditions
of these Terms of Use; (iii) that you agree and
intend that these Terms of Use to be the legal
equivalent of signed, written contracts, and
equally binding; (iv) that by electronically
agreeing to these Terms of Use, you acknowledge
that you have received a copy of these Terms of
Use by your viewing a web page containing a
hyperlink to the web page where these Terms of
Use are displayed or otherwise; and (v) that if
you are executing these Terms of Use on behalf
of others, you hereby certify that you are an
authorized representative, duly authorized,
including where applicable, by all required
corporate action to act on behalf of such
others.