TERMS OF SERVICE
Last modified: September 26, 2017
Who We Are Thank you for using Runjob SoftwareSM, a web-based construction software service designed to facilitate construction management ("Services"). Our Services are provided by Runjob Software, Inc., PO Box 37238, Honolulu, HI 96837, United States. You may contact us at this address, by telephone, at 888-588-5242, or by email at help@runjobsoftware.com.
What You Are Agreeing To By using our Services on or through our website located at www.runjobsoftware.com ("Website"), you are agreeing to these Terms of Service ("Terms"). Please read them carefully. Terms posted on other portions of our Website, such as subscription charges, free trial, payment options, cancellation period, etc., are also terms of your use of our Services and form a part of these Terms.
These Terms, as well as the terms posted on our Website, may change from time to time as we change our service offerings. Whenever you use our Services you are agreeing to the version of the Terms posted at the time of your use of the Services. We recommend you review these Terms often. Anytime you disagree with these Terms or any updated Terms, you should discontinue your use of the Services.
Proper and Improper Use of Our Services
You must abide by these Terms and any additional terms and policies posted on our Website regarding your use of our Services.
Any misuse of our Services is prohibited. For example, you may not interfere or attempt to interfere with our Services or try to access them differently than as instructed or intended. Our Services are for your personal use only, including your use in your business. However, you may not use our Services for a person other than yourself or a business other than your own.
Also, others in your business cannot use our Services from your account but must create their own account. You may not resell our Services or use our Services or the forms and documents produced by our Services to assist other individuals or other businesses. You may also not use our Services or the forms and documents produced by our Services to compete with us. In other words, you cannot sell our Services, in their present form, or in a comparable form, to other businesses.
Only users having a current subscription (including free trial subscription) may access our Services. As an authorized user, you may not allow anyone else, or assist anyone else, to access our Services.
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
We may suspend or stop providing our Services to you if you do not comply with these Terms, if you allow others to access our Services or assist in any unauthorized access to our Services, or if we have a good faith belief that your use of our Services is malicious, unlawful, or could be harmful to us or to other authorized users.
In connection with your use of the Services, we may send you notices, announcements, and other information that pertain to the Services and your account. You may opt out of some of these communications. See our Privacy Policy on how to opt out of these communications. Some of our Services are available on mobile devices. You should take care not to use a mobile device in a way that may be dangerous and prevents you from obeying traffic or safety laws.
Your Runjob Software Account
You will need a Runjob SoftwareSM Account ("Account") to use our Services. In order to create an account, you will need to select a username and password. Your Account is personal to you and may not be used by anyone else. You must take reasonable precautions to maintain your password confidential as you will be held responsible for any and all activity that happens on or through your Account. If you learn of any unauthorized use of your password or Account, contact us immediately.
Account Fees and Payment
As described on our Website, you may create a 30-day Free Trial account or you may purchase a Full Subscription by paying an initial subscription fee followed by recurring monthly subscription fees.
We charge an initial subscription fee for individual accounts and for the first individual subscribing for a business account. Additional individuals subscribing from the same business will be charged separate monthly subscription fees but will not be charged additional initial subscription fees.
Initial subscription fees and recurring monthly subscription fees are non-refundable provided, that if you cancel your subscription during the first six months, and there are no other individuals from your business subscribed to our Services, we will refund you the pro rata portion of the initial subscription fee reflecting that portion of the first year you did not use our Services. In this case, you will need to contact us to request your refund.
If you create a 30 day Free Trial account and do not purchase a Full Subscription account within 30 days of your creation of the Free Trial account, you will no longer have access to our Services and any content that you may have uploaded to our Services will be irretrievably lost.
Initial subscription fees and recurring monthly subscription fees are due in advance. You will need to provide us with valid and updated credit card information and authorize us to charge your credit card for the initial subscription fee and recurring monthly subscription fees. You will need to keep your credit card information current in order to ensure timely payment of recurring monthly subscription fees. Alternatively, you may pay us by check, in which case the Services will become available when your check clears our bank. Failure to pay subscription fees on a timely basis will result in the cancellation of your Account. We also reserve the right to charge interest on overdue fees, at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
You are responsible to pay any taxes that your jurisdiction may assess on the subscription fees we charge you. If we have the legal obligation to pay or collect taxes for your use of our Services, our charges will include such taxes. For example, if you reside or conduct business in Hawaii, we are obliged to charge you Hawaii excise tax at the applicable rate on all subscription fees.
Our Intellectual Property
Using our Services does not give you ownership of any intellectual property rights in our Services, in the content we provide to you, or in the forms and documents produced by our Service.
The Runjob SoftwareSM name or logo belongs to us and may not be used by you except as specifically authorized. For example, you may use our name and logo when it appears on the forms and documents that are provided to you as part of our Services, but only when your use of our forms and documents is authorized and you are using our forms and documents in the manner intended.
The Website layout and content, and the text, layout, and formatting of our forms and documents (Submittals, RFIs, Letters, PCOs and Transmittals) that are provided to you as part of our Services are protected under the Copyright Laws of the United States. By subscribing to our Services, we grant you a non-exclusive license to use these forms and documents in the manner intended. Any additional or different use of our forms and documents is unauthorized, as for example using them in ways not intended, or providing them to others to use, and will result in your infringing our copyrights in these forms and documents. Monetary penalties for copyright infringement can be very substantial.
You may not remove, obscure, or alter any legal notices displayed in or along with our Services, including the forms and documents produced using our Service.
Your Privacy
Our Privacy Policy (provided at the end of this document) explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can use such information in accordance with our Privacy Policies.
Your Content
Our Services intend that you will submit content, in particular, names and contact information for suppliers, contractors, engineers, architects, and clients, etc. ("Your Content"). You will retain ownership of any intellectual property rights that you may hold in Your Content and we will not acquire any rights in Your Content simply because you submit Your Content to us as part of your use of our Services.
When you upload or otherwise submit Your Content to us in the context of your use of our Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, and communicate Your Content as may be necessary and appropriate to provide you with our Services. It is your responsibility to ensure that you have the necessary rights to grant us this license for Your Content that you submit to us.
When you subscribe to our Services, you also give us a worldwide license to use your business name publicly on our Website to promote our Services. If you do not want your business name posted publicly on our Website, you should contact us and advise us not to.
In order to provide you with our Services, we store Your Content on our servers. You have the right to access and manually export (as for example to Excel) Your Content from our servers anytime your Paid Account is in good standing, and for a period of 30 days thereafter, after which we specifically disclaim any obligation to maintain Your Content. If you discontinue your Paid Account or your Paid Account is terminated, for any reason, and you wish to obtain a copy of Your Content, you must manually extract Your Content from our servers within 30 days thereafter or Your Content will be discarded and forever lost. If you have any trouble accessing and manually exporting Your Content, contact us prior to the end of the 30 day period. In no case will we be responsible for any loss of Your Content 30 days following the termination of your Paid Account.
In addition, any content that you provide to us during a Free Trial will be maintained only during the Free Trial period. We will discard Your Content at the end of the Free Trial Period. We recognize that Your Content may be confidential, may hold value to you so long as it remains confidential, and also that Your Content may implicate privacy concerns for you and for others. As such, we use commercially reasonable measures to secure the safety and confidentiality of Your Content. We do not, however, warrant or guarantee that Your Content will be secure in any and all circumstances as, for example, from illegal incursions beyond our reasonable control. More information about our security measures can be found in our Privacy Policy.
About Software in our Services
We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that resides on our Website for your use to provide you our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner described and authorized by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or any software we make available to you on our Website, nor may you reverse engineer or attempt to extract the source code of that software.
Modifying and Terminating our Services
We reserve the right to modify or terminate our Services at any time, for any reason, upon reasonable notice to you. If we terminate our Services within six months of your subscribing to our Services, we will refund a portion of the initial subscription fee.
You may stop using our Services at any time, but any subscriptions fees you may have paid are nonrefundable except as specifically provided above.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care, but we do not warrant or guarantee that our Services are perfect or error-free. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN OUR WEBSITE, NEITHER RUNJOB SOFTWARE, INC. NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT, FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR APPROPRIATENESS OF OUR SERVICES. OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some jurisdictions may disallow or limit the exclusion of implied warranties.
Liability for our Services and Business Use Indemnity
RUNJOB SOFTWARE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THE TOTAL LIABILITY OF RUNJOB SOFTWARE, INC. FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES NOT EXCLUDED BY THESE TERMS, IS LIMITED TO THE AMOUNT YOU PAID US TO USE OUR SERVICES. IN ALL CASES, RUNJOB SOFTWARE, INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. IF YOU ARE USING OUR SERVICES ON BEHALF OF A BUSINESS, YOUR BUSINESS IS DEEMED TO ACCEPT THESE TERMS AND, IN ADDITION, AGREES TO HOLD HARMLESS AND INDEMNIFY RUNJOB SOFTWARE, INC. AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM ANY CLAIM, SUIT OR ACTION ARISING FROM OR RELATED TO THE USE OF THE SERVICES, OUR WEBSITE, OR VIOLATION OF THESE TERMS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES.
Miscellaneous Terms
If there is a conflict between these Terms and terms found on our Website, the terms on our Website will control for that conflict.
These Terms control the relationship between Runjob Software, Inc. and you, and do not create rights in any third parties. You cannot assign your Account or transfer the benefits of your Account to any other person or entity.
Our failure to take action for the violation of any Terms will not preclude us from taking action later for the same or different violation.
If any of the terms are determined to be unenforceable under any applicable jurisdiction, this will not affect the terms in other jurisdictions or effect any of the remaining terms.
The laws of Hawai'i, U.S.A., excluding Hawai`i's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms, our Services or the Website. Any and all claims arising out of or relating in any way to these Terms, our Services or the Website will be determined exclusively by a court or other tribunal located in Honolulu, Hawai`i, USA, and you and we consent to personal jurisdiction in these courts for purposes of such disputes. For information about how to contact Runjob Software, Inc, see our contact info above.