Terms of Use

TERMS OF USE
Accepting these Terms of Use
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 FormWorks, Inc. (“FormWorks” or 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.Changes to These Terms

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 or the Services 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.

Privacy Policy
For information about how we collect and use information about users of the Service, please see our privacy policy.Your AccountYou 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).

Termination of Your Account
You may terminate your account at any time by following the instructions here or by sending an email to admin@FormWorks.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.User-Generated Content

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 FormWorks 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 FormWorks by you through these Services, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and FormWorks may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. FormWorks is under no obligation to post or use any submission you may provide, and FormWorks may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to FormWorks 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.Your Use of the ServicesWhile using the Services, you agree not to:

Post, link and otherwise make available on the Service any inaccurate, untimely, stale, incomplete or misleading information.

Post, link and otherwise make available on the Service any employment opportunities or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.

Post, link and otherwise make available on the Service any copies of other job postings not originating from your company as your own.

Post, link and otherwise make available on the Service any names, logos or trademarks of unaffiliated companies other than those you are directly associated.

Post, link and otherwise make available on the Service any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking work on a full-time or part-time basis on his or her own behalf).

Post, link and otherwise make available on the Service any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, deceptive, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights.

Post, link and otherwise make available on the Service any content that is illegal or unlawful, that would otherwise create liability.

Post, link and otherwise make available on the Service any personally identifiable or private information of any person (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers).

Post, link and otherwise make available on the Service any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication.

Post, link and otherwise make available on the Service any information or software that contains harmful or disruptive components such as viruses, worms, or trojan horses.

Post, link and otherwise make available on the Service any trade secrets of any third party.

Post, link and otherwise make available on the Service any material, nonpublic information about companies without the authorization to do so.

Post, link and otherwise make available on the Service any content that is discriminatory or otherwise offensive.

Post, link and otherwise make available on the Service any job openings that require a visa as a condition of employment, or that requires citizenship or lawful permanent residence in a country as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.

Also, you agree that you will not do any of the following in connection with the Service or other users:

Print out or otherwise copy or use any personally identifiable information about users for purposes other than consideration for potential employment by your company.

Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its Content.

Remove any copyright, trademark, or other proprietary rights notices contained on the Services.

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.Intimidate, threaten, stalk or otherwise harass other users of the Service.

Use the Services for any unlawful commercial, research or information gathering purposes.

Delete or revise any material posted by any other person or entity.

Use any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (collectively “Devices”) that are not approved by FormWorks to navigate, search or store information from the Services. Approved Devices include those made available by FormWorks on the Site, or other generally available third-party web browsers, e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or generally available search engines, such as Google, Yahoo or Bing.

Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to users of the Services.

Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, users of the Services, or third parties.

Express or imply that any statements you make are endorsed by FormWorks.

Impersonate any person or entity, a user of the Services, or otherwise misrepresent your affiliation with any person or entity.

Respond to a job listing, or any other posting, on behalf of anyone other than yourself.Interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or use the Services in a manner that could damage, disable, overburden or impair the functioning of the Services.

Resell or make available to any person not expressly licensed by FormWorks any of the Services or any information obtained therefrom, including without limitation user resumes/CVs or other user information.Share passwords, login information or user identification or otherwise allow multiple offices or users to access the Service on a basis that is other than what was originally subscribed for. A user is defined as one unique individual user with one unique password. An office is defined as a location where that user routinely accesses or uses the FormWorks service under express license from FormWorks.

Allow job postings or employment requirements to remain posted for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on hold or is otherwise not available for immediate placement, the posting must be removed from the Services until such time as the position is a viable opening.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. FormWorks 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 FormWorks 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. FormWorks 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. FormWorks also reserves the right to prohibit any user who, in FormWorks’s sole discretion, violates these Terms from using the Services. Such prohibition may occur without notice to the user.Copyright and Use of InformationAll right, title, and interest in and to the Services, trademarks, service marks, intellectual property and logos are and will remain the exclusive property of FormWorks 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 FormWorks name or any of the FormWorks trademarks, logos, domain names, and other distinctive brand features. FormWorks’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 FormWorks 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 FormWorks.

Any feedback, comments, or suggestions you may provide regarding FormWorks, 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, FormWorks, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Reporting Copyright and Other IP Violations

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:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

identification of the copyrighted work claimed to have been infringed;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

your contact information, including your address, telephone number, and an email address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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, FormWorks 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:

FormWorks, Inc.
Email: admin@FormWorks.work

Third-Party Services
Our Services may contain links to third-party websites, applications, and services that we do not own or control. FormWorks 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.

FormWorks 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 FormWorks 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 FormWorks.

Disclaimers
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”. FORMWORKS 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. FORMWORKS 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. FORMWORKS 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. FORMWORKS 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 FormWorks (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 SiteFormWorks 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.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FORMWORKS 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).

Controlling Law and Jurisdiction

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 federal and state courts sitting in Harris County, Texas, shall have exclusive jurisdiction over any dispute arising hereunder.Independent ContractorYou agree that no joint venture, partnership, employment, or agency relationship exists between you and FormWorks as a result of this agreement or use of the Services.

Waiver and Severability
The failure of FormWorks 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.

Entire Agreement
These Terms, including our Privacy Policy are the entire and exclusive agreement between FormWorks and you regarding the Services (excluding any services for which you have a separate agreement with FormWorks that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between FormWorks 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 05/20/20.