Terms of Website Use
Effective Date: August 26, 2014
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
▼ accessing our sites
We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. The availability of our Sites may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Textura is not responsible for any delays, delivery failures, or other damage resulting from such problems. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access our Sites.
▼ your account and password
Subject to the terms of our Customer Agreements:
- Where we have given you (or where you have chosen) a username and password that allows you to access certain parts of our Sites (for example, our Site for our CPM™ Solution), you are responsible for keeping this information confidential. We ask that you not share with anyone the use of your account (by sharing your username and password or by any other means);
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at email@example.com.
▼ intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it (other than materials specified as belonging to Registered Users or others under our Customer Agreements). Those works that we own or license on our Sites are protected by copyright laws and treaties around the world and by other intellectual property rights. All such rights are reserved. A list of our issued patents is provided in our Intellectual Property Notice.
You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use so long as that use is not competitive with or derogatory to Textura. This limited consent may be revoked at any time and does not include consent to republish any content from our Sites in any way, including on any Internet, Intranet, or Extranet website, or to incorporate the content in any other database or compilation.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
You must not use any part of the content on our Sites for commercial purposes without obtaining a license to do so from us or our licensors.
Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible though the Sites may be used by you solely for accessing and using the Sites for purposes expressly stated on the Sites, provided that such uses are not competitive with or derogatory to Textura. We retain full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
▼ no reliance on information
The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that our Sites, or any content on them, are accurate, complete or up-to-date. Except as required by law,
Textura disclaims any duty to update the information included on the Sites. All information on the Sites is subject to change without notice.
▼ investor content
Investor information included on our Sites should only be considered current as of the day it was posted or the day it was originally released (for example, the date of a press release).
Our Sites include forward-looking statements, including statements regarding Textura's future financial performance, market growth, demand for Textura's solutions, and general business conditions. Any forward-looking statements contained on our Sites are based upon Textura's historical performance and its then-current expectations and projections about future events and financial trends affecting the financial condition of its business. These forward-looking statements should not be read as a guarantee of future performance or results, and will not necessarily be accurate indications of the times at, or by, which such performance or results will be achieved. These forward-looking statements are based on information available to Textura as of the date such forward-looking statement was posted to a Site or originally released (for example, the date of a press release), and are subject to risks and uncertainties that could cause actual performance or results to differ materially from those expressed in or suggested by the forward-looking statements. Important factors that could cause such differences are included under the heading "Risk Factors" in our last Annual Report on Form10-K and our other reports filed with the SEC. Forward-looking statements speak only as of the date such forward-looking statement was posted to a Site or originally released and we assume no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable laws. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.
▼ USER COMMENTS, FEEDBACK, AND SUBMISSIONS
All comments, feedback, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to Textura on or by the Sites or otherwise disclosed, submitted, conveyed or offered in connection with your use of the Sites (collectively “Comments”) shall be and remain Textura’s property. Such disclosure, submission, conveyance or offer of any Comments shall constitute an assignment to Textura of all worldwide right, title and interest in all copyrights and other intellectual property in or disclosed by the Comments. Thus, Textura will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Textura is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to compensate you for any Comments; or (c) to respond to any Comments.
You agree that no Comments or other submission by you to the Sites 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 by you to the Sites will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
▼ DISCLAIMER OF WARRANTIES
NONE OF TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR REPRESENTATIVES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITES, THIRD PARTY SOFTWARE, SUPPORT SERVICES OR THIRD PARTY SERVICES. WITHOUT LIMITING THE FOREGOING, TEXTURA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (a) THE USE OF THE SITES, THIRD PARTY SOFTWARE, SUPPORT SERVICES OR THIRD PARTY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (b) THE SITES, SUPPORT SERVICES, THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) ANY STORED DATA, INCLUDING, WITHOUT LIMITATION, USER DATA, WILL BE ACCURAGE OR RELIABLE; (e) ERRORS OR DEFECTS WILL BE CORRECTED; OR (f) THE SITES, THIRD PARTY SERVICES, THIRD PARTY SOFTWARE OR THE SERVER(S) THAT MAKE ANY SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTURA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, NON-INFRINGEMENT, OR TITLE.
Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.
▼ limitation of liability
IN NO EVENT SHALL TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITES AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SITES.
NONE OF TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY WHATSOEVER FOR OR IN CONNECTION WITH THE ACTIONS OR OMMISSIONS OF ANY USER IN THEIR USE OF THE SITES, OR THEIR FAILURE TO COMPLY WITH APPLICABLE LAWS.
You specifically acknowledge and agree that Textura is not liable for any defamatory, offensive or illegal conduct of any user of the Sites.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the agreements between us governing those products or services.
▼ LOCAL LAWS AND EXPORT CONTROL
If you use the Sites from outside the United States, you are solely responsible to comply with all applicable laws, including, without limitation, export and import regulations of other countries. Any diversion of any content from our Sites contrary to United States law is prohibited. None of the content from our Sites, nor any information acquired through the use of the Sites, may be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the Unites States government
You must not misuse our Sites by knowingly introducing viruses or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the servers on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. We will report any misuse of our Sites to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
In the event of such misuse, your right to use our Sites will cease immediately. Where you are (or act on behalf of) a Registered User, such misuse may also breach the terms of our agreements with the Registered User.
▼ linking to our sites
You may link to our home page, www.texturacorp.com, provided you do so in a way that is fair and legal and does not damage or attack our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Sites on any website that is not owned by you.
Our Sites must not be framed (displayed within a “frame”) on any other website and you may not create a link to any part of our Sites other than the home page.
We reserve the right to withdraw linking permission without notice in our sole discretion.
If you wish to make any use of content on our Sites other than that set out above, please contact firstname.lastname@example.org.
▼ THIRD PARTY LINKS AND RESOURCES ON OUR SITES
Where our Sites contain links to other websites and resources provided by third parties, these links are provided for your information only.
We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
▼ CHOICE OF LAW AND FORUM
Textura®, Textura & design, Textura Construction Collaboration Solutions & design, Textura Construction Payment Management & design, Textura Pre-Qualification Management & design, Textura Europe®, BidOrganizer®, GradeBeam®, GradeBeam.com®, GradeBeam.com Connect Communicate Construct & design, Greengrade®, Greengrade & design, Grid and Check Logo, Latista®, PlanSwift®, Submittal Exchange®, and Submittal Exchange & design are registered trademarks of Textura Corporation in the United States and other jurisdictions. CPM™, CPM-Enterprise™, CPM-Business™, Construction Payment Management™, Pre-Qualification Management™, PQM™, Default Claims Management™, DCM™, Greengrade-LEED Management Software™ are also trademarks of Textura Corporation.
▼ SEVERABILITY AND WAIVER
To contact us, please email email@example.com
Thank you for visiting our Sites.