Please read these Terms of Use ("Terms") carefully. These Terms govern your use of our Services, including our websites, applications, forums, newsletters, tools, data, software and other services provided by ETSZONE (collectively, the “Services”), and any information, text, graphics, photos, videos, or other materials uploaded, downloaded or appearing on the Services (collectively, the “Content”). By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use our Services.
We reserve the right to change, alter, replace or otherwise modify these Terms at any time. Such changes, alterations, replacements and modifications shall be effective immediately upon notice, which may be given by means including, but not limited to issuing an email to the email address listed by registered users or posting the modified Terms on this page. The date of last modification is stated at the end of these Terms. It is your responsibility to check this page from time to time for updates. If you register an account and these Terms are subsequently changed in a material respect, we may notify you by sending a message to the email address you have provided to us. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use. You may terminate your account at any time as described in the Termination section below. Your continued use of our Services after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.
For information about how we collect and use information about users of the Service, please see our privacy policy.
You may be required to register to use certain Services. You must ensure the email address that you provide is, and remains, valid. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password and all activity emanating from your account, whether or not such activity was authorized by you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols).
You may terminate your account at any time by following the instructions here or by sending an email to support@etszone.com from the email account listed in your profile. If you breach any of these Terms, we have the right to suspend or disable your use of the Service or terminate your account.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You are responsible for the Content that you make available to the Service, including its legality, reliability, and appropriateness. We may not monitor or control the Content posted on the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Services or endorse any opinions expressed on the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ETSZONE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Services or broadcast elsewhere.
Any information, including but not limited to remarks, suggestions, ideas, content, links, graphics or other submissions, communicated to ETSZONE by you through these Services, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and ETSZONE may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. ETSZONE is under no obligation to post or use any submission you may provide, and ETSZONE may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to ETSZONE will be handled in accordance with our Privacy Statement. You are prohibited from posting or transmitting, to or from, our Services any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
When you post, link or otherwise make available Content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your Content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. Aside from our limited right to your content, you retain all of your rights to the Content you post, link and otherwise make available on or through the Service.
You can remove the Content that you post by deleting it. Once you delete your Content, it will not appear on the Service. Copies of your deleted content may remain in our system or backups for some period of time. We may retain web server access logs indefinitely.
While using the Services, you agree not to:
Also, you agree that you will not do any of the following in connection with the Service or other users:
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. ETSZONE has no obligation to monitor the Services, including any forum, or any Content that you or other third parties transmit or post on to the Services. However, you acknowledge and agree that ETSZONE has the right (but not the obligation) to monitor the Services, including any forum, and the Content you transmit or post, to alter or remove any such Content, and to disclose such Content and the circumstances surrounding their transmission to any third party in order to operate the Services properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. ETSZONE reserves the right to refuse to post or to remove any information or Content, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of these Terms. ETSZONE also reserves the right to prohibit any user who, in ETSZONE’s sole discretion, violates these Terms from using the Services. Such prohibition may occur without notice to the user.
All right, title, and interest in and to the Services, trademarks, service marks, intellectual property and logos are and will remain the exclusive property of ETSZONE and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Services gives you a right to use the ETSZONE name or any of the ETSZONE trademarks, logos, domain names, and other distinctive brand features. ETSZONE’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission.
Unless otherwise stated herein, none of the materials on these Services may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of ETSZONE or the original copyright holder. Unauthorized use of materials contained on this site is expressly prohibited by law.
The materials specified above do not include the design and layout of the Services. Elements of the Services are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, sound or image from these Services may be copied or retransmitted unless expressly permitted by ETSZONE.
Any feedback, comments, or suggestions you may provide regarding ETSZONE, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, ETSZONE, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ETSZONE will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
ETSZONE, LLC
Attn: Copyright Agent
2170 Buckthorne Place, Suite 250
The Woodlands, Texas 77380
Email: support@etszone.com
Our Services may contain links to third-party websites, applications, and services that we do not own or control. ETSZONE is not responsible for the content of such third-party websites, applications, and services. Your use of such third-party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.
ETSZONE provides the links third-party websites, applications, and services as a convenience to you and the existence of the links on this website does not imply that ETSZONE approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with ETSZONE.
ALL SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPLICATION AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPLICATION OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. ETSZONE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. ETSZONE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETSZONE DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. ETSZONE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
The Services contain job postings by employers of available job opportunities at their companies and by users posting their own career history and/or resumes/ CVs; the posting of construction industry events, news, analysis, industry forecasts, salary and employer surveys and commentary, and other information related to the construction industry. We do not evaluate or censor the resumes/CVs, job listings, company information, events or other information posted to the Services. Moreover, we are not involved in the actual transaction, if any, between potential employers and users or between any other users of the Services. Consequently, we have no control over the quality, safety, legality, truth or accuracy of the job listings or resumes/CVs, company information, events or other information posted to the Services, or the ability of employers to hire jobseekers, or the ability of users to fill job openings.
We cannot and do not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Service's users, in the event that you have a dispute with one or more users, you release ETSZONE (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Services.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing, advertisement, event, company profile or other material you post to the Services. We neither warrant nor guarantee that a resume, job posting, advertisement, company profile, event or any other information you post to the Services will be viewed by any specific number of users, or that a resume, job posting, advertisement, event, company profile, or any other information you post to the Services will be viewed by any user. We are not to be considered as an employer or broker with respect to your use of the Services, and we shall not be responsible for any employment or other decisions made by any entity posting job listings or resumes or any other information to the Site
ETSZONE assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company’s investigation, verification and determination that such hire is suitable for your company's purposes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ETSZONE NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (I) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE; OR (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
These Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The courts sitting in the State of Texas, federal and state shall have exclusive jurisdiction over any dispute arising hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ETSZONE as a result of this agreement or use of the Services.
The failure of ETSZONE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect.
These Terms, including our Privacy Policy are the entire and exclusive agreement between ETSZONE and you regarding the Services (excluding any services for which you have a separate agreement with ETSZONE that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ETSZONE and you regarding the Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last revised 10/22/2015.