Heavy Construction Systems Specialists, LLC, including its affiliates and subsidiaries, (“HCSS”) may make available or provide you with access to or use of this website and any other websites on which these Terms of Service appear, and any software, APIs, mobile applications, devices, or other products or services offered directly by HCSS or through third parties integrating HCSS’s products or services (collectively, “HCSS Offerings”). These Terms of Service (these “Terms of Service”) apply to you and your access to and use of the HCSS Offerings. By accessing or using the HCSS Offerings, you agree to be bound by these Terms of Service, HCSS’s Privacy Policy, and all other terms and conditions incorporated by reference.
These Terms of Service do not in any way alter the terms or conditions of any other written agreement you may have with HCSS for the HCSS Offerings. Suppose you are using the HCSS Offerings on behalf of an entity or organization. In that case, you represent that you have the authority to bind such entity or organization and its affiliates and subsidiaries to these Terms of Service, in which case the terms “you” and “your” shall refer to such entity or organization and its affiliates and subsidiaries, or any person on their behalf. If you do not have such authority or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use the HCSS Offerings.
In the event of conflict between these Terms of Service and any other written agreement between you and HCSS for the HCSS Offerings, the latter shall prevail.
Eligibility, Registration, and Your Account
In order to use the HCSS Offerings, you must be at least 18 years of age or the age of legal majority in the jurisdiction where you reside. If you are under the age of 18 or the age of legal majority in the jurisdiction where you reside, you may only use the HCSS Offerings under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. By using the HCSS Offerings, you represent and warrant that you: (i) are 18 years of age or older or at least the age of legal majority in the jurisdiction where you reside; (ii) have not been previously suspended or removed from the HCSS Offerings; (iii) do not have more than one account with HCSS, unless other accounts are assigned to you by HCSS; and (iv) have full power and authority to accept these Terms of Service.
Some HCSS Offerings may require you to register and/or create an account to access or use such HCSS Offerings. If a particular HCSS Offering requires registration and/or an account, you must: (i) create an account and a password on one of HCSS’s websites; (ii) agree to these Terms of Service; (iii) provide true, complete, accurate, and current information; (iv) maintain and promptly update your information; (v) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to HCSS; and (vi) promptly notify HCSS if you discover or otherwise suspect any security breaches related to your account or the HCSS Offerings. An account may be assigned to you by your employer or another organization. If you are assigned an account, additional terms may apply and govern your use of the HCSS Offerings. You may not share your account or password with any other person or entity. You may not assign or transfer your account to any other person or entity without HCSS’s prior written consent.
Proprietary Rights
HCSS owns all right, title, interest, and proprietary rights in and to the HCSS Offerings and all content and other materials therein, including but not limited to, logos, designs, text, graphics, pictures, information, data, software, files, and the selection and arrangement thereof (collectively, “HCSS Content”). If you provide suggestions, comments, ideas, recommendations, requests for enhancements, additional features, functionality, or other feedback to HCSS (collectively “Feedback”), you hereby assign all right, title, interest, and proprietary rights, in and to the Feedback to HCSS. All licenses granted to you pursuant to these Terms of Service or any applicable agreement with HCSS are expressly conditioned upon your compliance with these Terms of Service. All rights not expressly granted hereunder are reserved to HCSS. Any use of the HCSS Offerings not expressly authorized in these Terms of Service is strictly prohibited.
You represent and warrant that you either own or have the authority, license, consent, or permission to use all material, content, data, and information that you provide to HCSS while using the HCSS Offerings (“Your Content”). You will retain ownership of Your Content.
HCSS’s License to You
Unless otherwise provided in a separate written agreement, HCSS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the HCSS Offerings and HCSS Content pursuant to these Terms of Service. HCSS may terminate this license at any time for any reason. You may not: (i) unless authorized in writing by HCSS, share, sell, rent, lease, loan, transfer or otherwise make the HCSS Offerings available to any third person or entity; (ii) copy, modify, reproduce, republish, distribute, display, or transmit for commercial or public purposes any or all of the HCSS Offerings or HCSS Content, either directly or through a third party; (iii) copy, modify, adapt, extract, decompile, reverse engineer, disassemble, or create derivative works or competitive products of the HCSS Offerings or HCSS Content; (iv) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including, without limitation, images, texts, forms, or page layouts, without HCSS’s express written consent; (v) use any data mining, robots, or similar data gathering or extraction methods; (vi) monitor, copy, probe, scan, or test the vulnerability of the HCSS Offerings via spiders, robots, or other automatic software, devices, or otherwise; (vii) monitor the HCSS Offerings for availability, performance, or functionality for any competitive reason; (viii) distribute, transmit, or upload any computer virus, worm, trojan horse, or any other malware or malicious software; (ix) use the HCSS Offerings to store or transmit data that infringes a third party’s privacy right or intellectual property right; (x) transmit any false, misleading, fraudulent, or illegal communications, information, or data in or through the HCSS Offerings; (xi) attempt to breach security or authentication measures of the HCSS Offerings; (xii) phish, spoof, commit illegal or fraudulent activity, or violate applicable laws or regulations; (xiii) transmit, store, or post any material that is abusive, harassing, tortious, defamatory, derogatory, vulgar, pornographic, obscene, hateful, fraudulent, libelous, or otherwise objectionable; (xiv) use a false identity or misrepresent your identity to register or create an account; (xv) register or create an account for anyone other than yourself; (xvi) use or attempt to use another’s account; or (xvii) disclose confidential or personal information that you do not have the consent or permission to disclose. Any use of the HCSS Offerings or HCSS Content other than as specifically authorized in these Terms of Service is strictly prohibited and will immediately terminate the license granted herein. HCSS may monitor your access to or use of the HCSS Offerings to provide and improve the HCSS Offerings and to ensure you comply with these Terms of Service and applicable laws.
Your License to HCSS
You may have the ability to publish, post, upload, or otherwise provide Your Content publicly via one of the HCSS Offerings or privately that is only viewable by you or your users with the applicable access permissions. With respect to Your Content published, posted, uploaded, or otherwise provided publicly via one of the HCSS Offerings or privately via one of the HCSS Offerings, you grant HCSS a non-exclusive, royalty-free, assignable, sublicensable, transferable, irrevocable, perpetual license to use Your Content for any lawful purpose without any further consent, notice, or compensation to you.
HCSS MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY OF YOUR CONTENT PUBLISHED, POSTED, UPLOADED, OR OTHERWISE PROVIDED PUBLICLY VIA ONE OF THE HCSS OFFERINGS. You acknowledge that any of Your Content you publish, post, upload, or otherwise provide publicly via one of the HCSS Offerings is public and not private communication. HCSS will not be liable for the confidentiality or privacy of any of Your Content you publish, post, upload, or otherwise provide publicly via one of the HCSS Offerings, and HCSS specifically disclaims any liability resulting from such publishing, posting, uploading, or otherwise providing.
HCSS has the right, without payment to you or others, to serve ads, paid content, and other information near or in association with Your Content and information. HCSS enables search engines to make Your Content that you publish, post, upload, or otherwise provide Your Content publicly via one of the HCSS Offerings findable through their services.
Third-Party Content
HCSS may provide third-party content in the HCSS Offerings, including advertisements, promotions, links to web pages, or applications (collectively, “Third-Party Content“). HCSS does not control, endorse, or adopt any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content. HCSS is not responsible or liable for any Third-Party Content and is under no obligation to update or review any Third-Party Content. You may use such Third-Party Content provided in the HCSS Offerings at your own risk. Some of the products and services made available through the HCSS Offerings and Third-Party Content may be subject to additional third-party terms, privacy policies, licensing terms, and other terms and policies. You must familiarize yourself with any such applicable third-party terms. HCSS reserves the right to remove or disable any Third-Party Content at any time in HCSS’s sole discretion.
HCSS’s Disclaimer of Representations and Warranties
THE HCSS OFFERINGS AND HCSS CONTENT ARE PROVIDED “AS IS”. HCSS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE HCSS OFFERINGS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER HCSS NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS, OR COMPLETENESS OF THE HCSS OFFERINGS OR THE HCSS CONTENT NOR THAT THEY WILL BE UNINTERRUPTED.
Indemnification
You shall indemnify, defend, and hold harmless HCSS against any third-party claims, suits, or demands (including legal fees) made or incurred by any third party due to or arising out of: (i) your access to, use of, or misuse of the HCSS Offerings or the HCSS Content; (ii) Your Content; (iii) your breach of these Terms of Service; (iv) your violation of law; or (v) your infringement or violation of a third party’s right relating to your use of the HCSS Offerings, HCSS Content, or the data contained therein. You may not settle any such claim, suit, or demand without HCSS’s prior written consent.
Limitation of Liability
IN NO EVENT (INCLUDING NEGLIGENCE) WILL HCSS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, LOST PROFITS, PUNITIVE DAMAGES OR “COSTS OF COVER” ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE HCSS OFFERINGS, HCSS CONTENT, OR HCSS’S SERVICES AND PRODUCTS. THE MAXIMUM AGGREGATE LIABILITY OF HCSS TO YOU, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE WILL NOT EXCEED $100.00.
Termination
HCSS reserves the right, without notice and in HCSS’s sole discretion, to terminate your right to access or use the HCSS Offerings and HCSS Content, or any portion of thereof, and to block or prevent your future access to and use of the HCSS Offerings and HCSS Content or any portion thereof. HCSS will have no liability or responsibility to any user related to or arising out of any termination of access to the HCSS Offerings. The following section in these Terms of Service shall survive termination of these Terms of Service: “Eligibility, Registration, and Your Account”, “Proprietary Rights”, “HCSS’s License to You” sections (i) through (xvii), “Your License to HCSS”, “HCSS’s Disclaimer of Representations and Warranties”, “Indemnification”, “Limitation of Liability”, “Governing Law”, “Relationship of HCSS and You; Third-Party Beneficiaries”, “Assignment”, “Severability”, “Remedies”, and any other provisions or sections which, by their natures, are intended to survive termination or expiration of these Terms of Service.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws provisions. You and HCSS irrevocably submit to the exclusive jurisdiction of any United States federal or Texas state court located in Houston, Texas with respect to any matter arising out of or relating to these Terms of Service. YOU AND HCSS WAIVE THE RIGHT TO A TRIAL BY JURY ON ANY CLAIM RELATING TO OR ARISING OUT OF THESE TERMS OF SERVICE.
Relationship of HCSS and You; Third-Party Beneficiaries
Nothing in these Terms of Service will create or represent that there is any partnership, joint venture, employment, or other agency relationship between you and HCSS. You are an independent third party to HCSS. There are no third-party beneficiaries to these Terms of Service.
Assignment
You may not assign these Terms of Service or any of your rights under these Terms of Service without HCSS’s prior written consent. HCSS may assign these Terms of Service to HCSS’s affiliates or subsidiaries without your consent.
Severability
A decision by any court of competent jurisdiction invalidating or holding unenforceable any part of these Terms of Service will not affect the validity and enforceability of any other part of these Terms of Service.
Remedies
HCSS’s exercise of any rights hereunder will not preclude HCSS from pursuing any additional remedies available to HCSS under these Terms of Service, or any other legal or equitable rights afforded to HCSS. HCSS’s failure to require the performance of any term or condition of these Terms of Service will not prevent any subsequent enforcement of such term or condition, nor will it be deemed a waiver of any subsequent breach.
Privacy
Your access to or use of the HCSS Offerings is subject to these Terms of Service and HCSS’s Privacy Policy.
Updates to These Terms of Service
HCSS may update these Terms of Service from time to time without advance notice by posting the updated Terms of Service on the HCSS Offerings or otherwise linking to them in the HCSS Offerings. The most recent version of these Terms of Service is reflected by the version date at the bottom of these Terms of Service. Your continued use of the HCSS Offerings will confirm your acceptance of the updated Terms of Service. If you do not agree to any updated Terms of Service, you must stop using the HCSS Offerings.
English Version Controls
Non-English translations of these Terms of Service may be provided for convenience only. In the event of any ambiguity, conflict, or inconsistencies between translations, the English version controls.
Last Updated: May 30, 2023
