TERMS OF USE AGREEMENT

Effective Date: May 21, 2021

The JobSiteCheck domains (including, but not limited to, JobSiteCheck.Com; GetCheckdIn.com; and any and all websites owned and operated by JobSiteCheck) and its associated online platform, web-based mobile applications, services and products (collectively “Website”) are owned and operated by JobSiteCheck, Inc. or its authorized affiliate (“JobSiteCheck”, “our”, “us”, “we”).  JobSiteCheck has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

JOBSITECHECK MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT JOBSITECHECK MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions

  • Account means either a Customer, Administrative User, and/or End User’s account with the Website.
  • Customer(s) means companies that sign up for a paid subscription with JobSiteCheck and create an Account.
  • Authorized User(s) means individuals who are authorized by Customer to use the Website with varying levels of control and access and who have been supplied user identifications and passwords by Customer for purposes of creating an Account.
  • End User(s) means any individual who completes a Questionnaire and potentially creates an Account.
  • User(s) means individuals who visit and browse the Website, including Customers, Authorized Users, and End Users.
  • You/Your/You’re means User(s).
  • Questionnaire means any electronic form accessed by End Users via QR code or otherwise for purposes of providing Customer with information such as the End User’s arrival time, name, email address, and phone number, as well as any other information deemed necessary by Customer.

Separate Agreements

Customers and Authorized Users agree that they are also separately bound by the terms and conditions as articulated in the SAAS Agreement entered with JobSiteCheck upon purchasing a subscription.  To the extent the terms of this Agreement conflict with the terms of the SAAS Agreement, the terms of the SAAS Agreement shall control for purposes of Customers and Authorized Users.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to JobSiteCheck and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and JobSiteCheck makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

You acknowledge and agree that JobSiteCheck is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of JobSiteCheck.

JobSiteCheck hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from JobSiteCheck, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to JobSiteCheck.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all JobSiteCheck marks are the property of JobSiteCheck, including, but not limited to JOBSITECHECK® and all JobSiteCheck logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of JobSiteCheck. You are prohibited from using JobSiteCheck’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of JobSiteCheck.

Website Use

End Users may use the Website and create an Account for free. End Users have the option of creating an Account, but can utilize the Website and respond to Questionnaires without an Account.  End Users may also have the option of electronically storing various certifications through their Account, such as those issued through the Occupational Health and Safety Administration (“OSHA”).  End Users can control who they share certifications with and may share certifications with several Customers or none at all, at the End User’s discretion.

Customers and their Authorized Users must pay a subscription fee to use the Website, as outlined in a separate SAAS Agreement. Through the Website, Customers create an Account and can create Questionnaires for End Users’ response; manage information and data related to the End Users’ responses; and communicate with End Users, among other capabilities.  Customers can also access electronically stored End User certifications.

When responding to a Questionnaire, creating an Account, and/or contacting JobSiteCheck, you are agreeing to receive email and/or SMS text message notifications from JobSiteCheck and other third-parties.  The email and SMS text notifications from JobSiteCheck contain an unsubscribe feature that allows you to “opt out” from future notifications. Users understand and agree, however, that JobSiteCheck may still send emergency notifications regardless of whether a User has opted-out of receiving communications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  User information will be used consistent with the Privacy Policy.  JobSiteCheck does not endorse you or discriminate based upon any information provided by you or made available through the Website.

You have a duty to ensure that the information provided through to the Website is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from using the Website in a way that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use the Website to interfere with or disrupt a third party’s enjoyment and use of the Website.  JobSiteCheck reserves the right to restrict access to, monitor, suspend, disable, or delete Users at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify JobSiteCheck for any damages that arise out of or in relation to the use of the Website.

You may have your personal information removed from the Website by contacting JobSiteCheck through the means provided in the Privacy Policy.

Accounts

Users agree to keep their Account secure from unauthorized access.  Users will login into their Account using an email, phone number, or unique identifier and Account password. Users should not reveal their passwords to others.  Users agree that they alone are responsible for their Account and all associated activity.  Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized.  In the case of unauthorized access to a User’s Account, you agree to contact JobSiteCheck immediately.  Users agree to hold harmless and indemnify JobSiteCheck for any damages that arise out of or in relation to the use of their Account.

Customers and Authorized Users may only cancel their Accounts pursuant to their separate SAAS Agreement with JobSiteCheck.  In the event an End User creates an Account, the End User may cancel their Account from within the Account settings.  If an Account is cancelled, JobSiteCheck is under no obligation to preserve your information for any length of time and will not be responsible for any loss of personal information.  JobSiteCheck is under no obligation to provide you with the data associated with your Website use, except as otherwise provided in the Privacy Policy.  JobSiteCheck recommends that you maintain your own backup of personal information.

Copyright Policy

JobSiteCheck’s websites (including jobsitecheck.com, getcheckdin.com; and any and all websites owned and operated by JobSiteCheck) and its associated content and services (collectively “Website”) are © 2021 JobSiteCheck, Inc. (“JobSiteCheck”).

JobSiteCheck respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of JobSiteCheck and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of JobSiteCheck has infringed upon your copyright rights, please provide JobSiteCheck with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once JobSiteCheck receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. JobSiteCheck will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to JobSiteCheck with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • The location of the copyrighted work(s) on the Website;
  • Your contact information, such as an address, telephone, fax number, or email address;
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  • Identification of the specific materials that have been removed from the Website;
  • Your contact information, such as an address, telephone, fax number, or email address;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Texas;
  • A statement that you will accept service of process from the notifying party; and
  • Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:

Brian A. Hall
Traverse Legal, PLC
810 Cottageview Drive, G-20
Traverse City,  MI  49684

With a copy emailed to dmcaagent@traverselegal.com

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

  • Posting or transmitting content that:
  • Infringes upon the intellectual property rights of others;
  • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
  • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
  • Incites any illegal activity or unlawful sexual solicitation;
  • Relates to weaponry, controlled substances, gambling, or debt collection;
  • Raises support or defense of anyone alleged to be involved in criminal activity;
  • Impersonates another or is fraudulent, inaccurate, or misleading;
  • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  • Intends to collect personal or personally identifiable information from others;
  • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing JobSiteCheck’s technological and physical security measures;
  • Suggesting an affiliation with or endorsement by JobSiteCheck.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to JobSiteCheck by sending an email to: info@jobsitecheck.com.

Mobile Devices

The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  JobSiteCheck is not responsible for any fees or errors that occur while accessing the Website via mobile device.

Section 230 of Communications Decency Act

You acknowledge and agree that JobSiteCheck is an interactive computer service provider under Section 230 of the Communications Decency Act. Though JobSiteCheck may edit, remove, or control the content displayed through the Website, you agree that JobSiteCheck will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that JobSiteCheck does not own or control. You agree that JobSiteCheck will not be held responsible or liable for the content of third party websites, applications, or services and that JobSiteCheck’s inclusion of those websites, applications, or services within its Website does not constitute JobSiteCheck’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

JobSiteCheck does not endorse or recommend any commercial product, process, service, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of JobSiteCheck and are not intended to be used for advertising or product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  JobSiteCheck may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

JOBSITECHECK DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF INFORMATION GIVEN IN RESPONSE TO A QUESTIONNAIRE. JOBSITECHECK PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

JOBSITECHECK WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, QUESTIONNAIRES. JOBSITECHECK IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. JOBSITECHECK RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

JOBSITECHECK WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

JOBSITECHECK WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT JOBSITECHECK CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR MONETARY CONTRIBUTIONS THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO JOBSITECHECK, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. JOBSITECHECK IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend JobSiteCheck, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or monetary contributions made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your response to Questionnaire, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

End Users further agree to hold harmless and indemnify JobSiteCheck for any claim arising out of or related to questions asked and/or information collected through a Questionnaire, including, but not limited to, under the Health Insurance Portability and Accountability Act (“HIPAA”); any communications sent through or on behalf of the Website including, but not limited to, under the Telephone and Consumer Protection Act of 1991 (“TCPA”) and CAN-SPAM Act of 2003; and/or any actions or non-actions taken by Customers as a result of an End User’s response to a Questionnaire.

Your obligation to defend JobSiteCheck under the terms of this Agreement will not provide you with the right to control JobSiteCheck’s defense, and JobSiteCheck reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify JobSiteCheck.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. JobSiteCheck may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.

YOU AND JOBSITECHECK AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM JOBSITECHECK, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CELEBRATION, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND JOBSITECHECK AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND JOBSITECHECK AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

JobSiteCheck hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind JobSiteCheck.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and JobSiteCheck will not knowingly collect personally identifiable information from children under the age of eighteen (18). If JobSiteCheck inadvertently collects such personally identifiable information, JobSiteCheck will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

JOBSITECHECK AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST JOBSITECHECK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to JobSiteCheck.

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: info@jobsitecheck.com.