Terms of Service

Last modified: July 19, 2014

Welcome to constructionplace.com!

These “Terms of Service” apply to the service and products offered by Ponta, Inc. through its web site www.constructionplace.com herein after referred to as PAP.

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

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

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

Ponta, Inc. "Terms of Use" http://www.constructionplace.com/terms.aspx ;
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 page in PAP 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.

If you do not accept and abide by this "Agreement" you may not use the PAP service. In the event of an inconsistency between these "Terms of Service" and "Terms of Use"these "Terms of Service" shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. PAP is a web information and property history reporting service, currently free, and optional report printing and assisted self help service (the "Service"). The service may be used by anyone owning or having an interest in Real Property, such as, but not limited to, property owners and managers, construction, real estate, insurance, banking, legal professionals, community associations, students and regulatory agencies. 

You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Ponta, Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Ponta, Inc. also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

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

2. Proper Use. 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 PAP, and takes no responsibility for such content. Instead, Ponta, Inc. merely provides access to such content as a service to you.

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.

3. Privacy. As a condition of using the Service, you agree to the terms of the Ponta, Inc. Privacy Policy http://www.constructionplace.com/privacy.aspx .

4. Use and Storage. 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.

5. Content and Information.
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.

6. Intellectual Property Rights.  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.

7. No Resale of the Service. 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.

8. Users and Non-Users of the Service. 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. Publicity. 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.

10. Representations and Warranties. 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.

11. Termination; Suspension. Ponta, Inc. may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. Sections 2, 3, 5 - 9, and 11 - 16 of the Agreement, along with applicable provisions of the Ponta, Inc’s Terms of Use (including the section regarding limitation of liability), shall survive expiration or termination.

12. Indemnification. 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.

13. Entire Agreement. 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.

14. Waiver and Severability of Terms. 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.

15. Statute of Limitations. 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.

16. Choice of Law and Jurisdiction. 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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