Terms of Use

Last modified: March 18, 2017

Welcome to Ponta, Inc.!

These "Terms of Use" apply to all of the products and services offered by Ponta, Inc. and the following web sites:

Constructionplace.com http://www.constructionplace.com
Tabi Tours http://www.tabitours.com

If you have any questions about these Terms of Use, please contact us through our web sites or write to us at:

Terms of Use Matters
c/o Ponta, Inc., Inc.
PO Box 153
Moraga, California 94556
USA

Before using Ponta, Inc. services, you must read and agree to these Terms of Use ("Terms of Use"); and by accepting these "Terms of Use" you also understand and agree to the following Ponta, Inc. Terms of Use, Privacy Policy, and Referral Program Understanding, including any future amendments (collectively, the "Agreement"):

Ponta, Inc. " Privacy Policy" http://www.constructionplace.com/privacy.aspx ; and
Ponta, Inc. "Referral Program Understanding" Referral_Program.aspx

Please review this "Agreement" periodically for the most up-to-date version from the link provided at the bottom of each web site page because Ponta, Inc. may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions.

Ponta, Inc. reserves the right to refuse service to anyone at any time without notice for any reason.

Before you continue, you should print off or save a local copy of the Terms of Use for your records.

1. Your relationship with Ponta, Inc.
1.1       Your use of Ponta, Inc.’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Ponta, Inc. under a separate written agreement) is subject to the Terms of Use of a legal agreement between you and Ponta, Inc.. “Ponta, Inc.” means Ponta, Inc., whose principal place of business is at PO Box 153, Moraga, CA 94556, United States. This document explains how the agreement is made up, and sets out some of the Terms of Use of that agreement.

1.2       Unless otherwise agreed in writing with Ponta, Inc., your agreement with Ponta, Inc. will always include, at a minimum, the Terms of Use and conditions set out in this document. These are referred to below as the “Terms of Use”.

1.3       Your agreement with Ponta, Inc. will also include the Terms of any Legal Notices applicable to the Services, in addition to the Terms of Use. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4       The Terms of Use, together with the Additional Terms, form a legally binding agreement between you and Ponta, Inc. in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms of Use”.

1.5       If there is any contradiction between what the Additional Terms say and what the Terms of Use say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms of Use
2.1       In order to use the Services, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms of Use.

2.2       You can accept the Terms of Use by:
(A) clicking to accept or agree to the Terms of Use, where this option is made available to you by Ponta, Inc. in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Ponta, Inc. will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

2.3       You may not use the Services and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with Ponta, Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4      In addition to accepting these "Terms of Use" you will be required to accept the "Referral Program Understanding" before participating in that program.

3. Language of the Terms of Use
3.1 These Terms of Use are currently only available and provided in the English version.

4. Provision of the Services by Ponta, Inc.
4.1       Ponta, Inc. is constantly innovating to provide the best possible products and services for our users. You acknowledge and agree that the form and nature of the Services which Ponta, Inc. provides may change from time to time without prior notice to you.

4.2       As part of this continuing innovation, you acknowledge and agree that Ponta, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users at Ponta, Inc.’s sole discretion, without prior notice to you.

4.3       You acknowledge and agree that if Ponta, Inc. disables access to any of its services, you may be prevented from accessing the Services.

4.4       You acknowledge and agree that while Ponta, Inc. may not currently have set a fixed upper limit on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by Ponta, Inc. at any time, at Ponta, Inc.’s discretion.

5. Use of the Services by you
5.1       In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Ponta, Inc. will always be accurate, correct and up to date.

5.2       You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3       You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Ponta, Inc., unless you have been specifically allowed to do so in a separate written agreement with Ponta, Inc. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

5.4       Unless you have been specifically permitted to do so in a separate written agreement with Ponta, Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.5       You agree that you are solely responsible for (and that Ponta, Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Ponta, Inc. may suffer) of any such breach.

5.6       You agree that you are responsible for your own use of the Service, for any information and content you make and/or provide, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Ponta, Inc. does not monitor the content of it's services, and takes no responsibility for such content. Instead, Ponta, Inc. merely provides access to such content as a service to you.

5.7      You agree that Ponta, Inc. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other information maintained by the Service. Ponta, Inc. retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

Ponta, Inc. does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information or content provided via the Service. You acknowledge that any reliance on material provided via the Service will be at your own risk.

6. Your passwords and account security
6.1       Accordingly, you agree that you will be solely responsible to Ponta, Inc. for all activities that occur under your account.

6.2       If you become aware of any unauthorized use of your password or of your account, you agree to Contact Us immediately.

7. Privacy and your personal information
7.1       For information about Ponta, Inc.’s personal information collection practices, please read Ponta, Inc.’s privacy policy at http://www.constructionplace.com/privacy.aspx. This policy explains how Ponta, Inc. treats your personal information, and protects your privacy, when you use the Services.

7.2       You agree to the use of your data in accordance with Ponta, Inc.’s privacy policies.

8. Content in the Services
8.1       You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2       You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Ponta, Inc. (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Ponta, Inc. or by the owners of that Content, in a separate agreement.

8.3       You agree that you are solely responsible for (and that Ponta, Inc. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Ponta, Inc. may suffer) by doing so.

9. Proprietary rights
9.1       You acknowledge and agree that Ponta, Inc. (or Ponta, Inc.’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

9.2       Unless you have agreed otherwise in writing with Ponta, Inc., nothing in the Terms of Use gives you a right to use any of Ponta, Inc.’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3      You acknowledge that Ponta, Inc. owns all right, title and interest in and to the Service, including all intellectual property rights. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Your Intellectual Property Rights. Ponta, Inc. claims no ownership or control over any Content or Information submitted, provided or displayed by you on or through Ponta, Inc. services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Ponta, Inc. services and you are responsible for protecting those rights, as appropriate. By submitting, providing or displaying Content and/or Information on or through Ponta, Inc. services which are intended to be available to the members of the public, you grant Ponta, Inc. a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content and/or Information on Ponta, Inc. services for the purpose of displaying, printing, and distributing Ponta, Inc. services. Ponta, Inc. furthermore reserves the right to refuse to accept, provide, display, print or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

9.4      Unless expressly authorized in writing by Ponta, Inc., you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

9.5       It is understood that you may employ third party users and non-users of the Service to perform and contribute content to and for the service on your behalf.  Accordingly, you agree that you are solely responsible to Ponta, Inc. for all activities that occur under your account.

9.6       Unless expressly authorized in writing by Ponta, Inc. you agree not to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") owned by Ponta, Inc. or its affiliates.

9.7       You represent and warrant that (a) all of the information provided by you to Ponta, Inc. to participate in the Service is correct, accurate and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Your content rights
10.1      You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

10.2     Ponta, Inc. takes no responsibility for third-party content and/or information (including, without limitation, any viruses or other disabling features), nor does Ponta, Inc. have any obligation to monitor such third-party content and/or information. Ponta, Inc. reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Ponta, Inc. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Ponta, Inc., its users and the public. Ponta, Inc. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

11. EXCLUSION OF WARRANTIES
11.1      NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT PONTA, INC.’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF USE, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.2      YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

12. LIMITATION OF LIABILITY
12.1      SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PONTA, INC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH PONTA, INC. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PONTA, INC. WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12.2      THE LIMITATIONS ON PONTA, INC.’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PONTA, INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Advertisements
13.1      Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

13.2      The manner, mode and extent of advertising by Ponta, Inc. on the Services are subject to change without specific notice to you.

13.3      In consideration for Ponta, Inc. granting you access to and use of the Services, you agree that Ponta, Inc. may place such advertising on the Services.

14. Other content
14.1      The Services may include hyperlinks to other web sites or content or resources. Ponta, Inc. may have no control over any web sites or resources which are provided by companies or persons other than Ponta, Inc.

14.2      You acknowledge and agree that Ponta, Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3      You acknowledge and agree that Ponta, Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Changes to the Terms of Use
15.1      Ponta, Inc. may make changes to these Terms of Use or Additional Terms from time to time. When these changes are made, Ponta, Inc. will make a new copy of the Terms of Use available at http://www.constructionplace.com/terms.aspx and any new Additional Terms will be made available to you from within, or through, the affected Services.

15.2      You understand and agree that if you use the Services after the date on which the Terms of Use or Additional Terms have changed, Ponta, Inc. will treat your use as acceptance of the updated Terms of Use or Additional Terms.

16. General legal Terms of Use
16.1      Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate Terms of Use between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals.

16.2      The Terms of Use constitute the whole legal agreement between you and Ponta, Inc. and govern your use of the Services (but excluding any services which Ponta, Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Ponta, Inc. in relation to the Services.

16.3      You agree that Ponta, Inc. may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Services.

16.4      You agree that if Ponta, Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Ponta, Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ponta, Inc.’s rights and that those rights or remedies will still be available to Ponta, Inc.

16.5      If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

16.6      You acknowledge and agree that each member of the group of companies of which Ponta, Inc. is the parent shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms of Use.

16.7      The Terms of Use, and your relationship with Ponta, Inc. under the Terms of Use, shall be governed by the laws of the State of California without regard to its conflict of law’s provisions. You and Ponta, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Contra Costa, California to resolve any legal matter arising from the Terms of Use. Notwithstanding this, you agree that Ponta, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

17.       Indemnification
17.1      When you opt in to use our professional advice and/or consulting services you agree to defend, indemnify and hold harmless Ponta, Inc. DBA Constructionplace.com (herein after referred to as CPC) and all persons in CPC'S firm, of and from any and all liability, claims, loss, damage, action, demand or injuries to any person or to property arising from or connected with the performance of or failure to perform any of the duties, powers, or authorities herein or hereafter granted to CPC, except to the extent due to negligence of CPC or any person in CPC's firm.

17.2       You agree to hold harmless and indemnify Ponta, Inc., and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ponta, Inc. will provide you with written notice of such claim, suit or action.

18. Entire Agreement
18.1      This Agreement constitutes the entire agreement between you and Ponta, Inc. and governs your use of the Service, superseding any prior agreements between you and Ponta, Inc. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ponta, Inc. services, affiliate services, third-party content or third-party software.

19. Waiver and Severability of Terms
19.1     The failure of Ponta, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

20. Statute of Limitations
20.1      You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Ponta, Inc. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. Choice of Law and Jurisdiction
21.1      These Terms of Service will be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the County of Honolulu, Hawaii, and you consent to the jurisdiction of such courts.

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