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Construct Terms of Use
Last updated: May 29, 2018

These Construct Terms of Use (the "Terms ") govern the use of the Construct online service located at withconstruct.com (the "Service"). The Service is owned and operated by Archetype Product Design LLC (“Archetype,” "us," "we," or "our"), a California limited liability company with its principal office in Los Angeles, California.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THE SERVICE.

Your access to and use of the Service constitutes your acceptance of these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you are not authorized to access and use the Service.

The Service

The Service allows registered users to create, edit, and send online proposals to prospective customers. The Service also allows the prospective customers to review and accept proposals using an electronic signing process.

Accounts

You must have a user account to generate proposals using the Service (a “User Account”). To create your User Account, you will be required to provide [FULL LIST OF DATA REQUIREMENTS.]

The Service is not intended for use by anyone under age 18. When you create an account, you represent and warrant that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your User Account.

You are responsible for maintaining the confidentiality of your username, password, and other User Account information, including, but not limited to, restricting access to your computer and/or your User Account. You agree to accept responsibility for any and all activities or actions that occur through your User Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Communications

By creating a User Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us at any time by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Subscription fees are billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Archetype cancels it. You may cancel your Subscription renewal either through your User Account management page or by contacting Archetype customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Archetype with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Archetype to charge all Subscription fees incurred through your account according to your payment information.

Should automatic billing fail to occur for any reason, Archetype will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Archetype may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Archetype until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Archetype reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Archetype, in its sole discretion and at any time, may modify its Subscription fees. Any fee change will become effective at the beginning of your next monthly or annual Subscription billing cycle, as applicable.

Archetype will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Archetype on a case-by-case basis and granted in sole discretion of Archetype.

Taxes

All Subscription fees and other amounts payable by you pursuant to these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Archetype’s income.

User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the legality, reliability, appropriateness, accuracy, quality, integrity, and intellectual property ownership or right to use of all User Content.

By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing another person’s intellectual property, privacy, or other rights.

You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Service. However, by posting User Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content for purposes of providing the Service. You agree that this license gives us the right to distribute and provide the User Content your prospective customers and other users of the Service whom you choose .

Archetype has the right but not the obligation to monitor and edit any User Content.

Usage Rights and Restrictions

We hereby grant you the right to access and use the Service for your own business purposes.

You may not use the Service if you are barred from doing so under the laws of the United States or any other country.

In using the Service, you must accept the number usage restrictions listed below. We intend these so that we can retain control over the Service and make it consistently available to all our users.

(1) Do not attempt to access or use the Service in any way other than through the standard interface. Do not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Service available to any third party. Do not use another software program or other technology to interoperate with, extract data or content, or scrape or frame any data or content from the Service. Do not attempt to copy or create derivative works based on the Service, either on your own or through any third party. Do not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Service.

(2) You are prohibited from interfering with or disrupting the performance of the Service by other users. Do not attempt to gain unauthorized access to any data stored in the Service.

(3) You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Service, including any screens displayed by the Service.

We reserve the right to terminate your access to and use of the Service immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate these Terms.

Intellectual Property

The features and functionality of the Service and all text, video, documents, data, files, trademarks, service marks, logos, graphics, or other information appearing or used on the Service, other than User Content, are and will remain the exclusive property of Archetype and its licensors. The Service is protected by copyright, trademark, and all other applicable intellectual property rights worldwide. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Archetype and compliance with our usage guidelines.

We may use any technology, ideas, concepts, know-how, methods, and techniques related to the Service that we learn from users unless we specifically agree otherwise. Nothing in these Terms shall be construed to prevent us from developing, marketing, selling, or licensing software products that may include the same or similar functionality to the Service.

Copyright Issues

If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Service in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written and email notices to: mail@withconstruct.com.

Please include the following information in your notice: (i) a detailed description of the allegedly infringed copyrighted material, (ii) a description of the location of such material on the Service, (iii) your contact information, including address, telephone number, and email address, if any, (iv) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (v) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Archetype. Archetype has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Archetype shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your User Account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your User Account, you may simply discontinue using the Service. If you terminate your account prior to the expiration of your current Subscription, you will not be entitled to a refund for the unexpired portion of the Subscription unless Archetype expressly agrees to grant you a refund.

All provisions of the Terms which by their nature should survive termination shall survive such termination, including, without limitation, the Intellectual Property, Warranties and Disclaimer, Indemnification, and Limitation of Liability provisions.

Warranties and Disclaimer

You understand and agree that these Terms create a legally binding contract governing your use of the Service. You warrant that your use of the Service will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.

You represent and warrant that: (i) you own or have secured sufficient intellectual property rights to all User Content to access and use the Service for its ordinary and intended use; (ii) your User Content does and will not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, or violates a person’s privacy or publicity rights; and (iii) your User Content does and will not contain a software virus or other harmful component.

WE PROVIDE THE SERVICE TO YOU “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, OR QUALITY OF THE SERVICE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Archetype and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from, arising out of, or related to your access and use of the Service pursuant to these Terms, including all use of the Service via your User Account, whether or not authorized by you.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL HAVE NO FINANCIAL LIABILITY TO USERS FOR ANY AND ALL CLAIMS RELATED TO THEIR USE OF THE SERVICE PURSUANT TO THESE TERMS.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.

IN ALL CASES, ARCHETYPE, ITS THIRD PARTY SERVICE PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Governing Law

These Terms are governed by the laws of the State of California and controlling U.S. federal law. All legal actions to enforce or interpret these Terms shall be commenced exclusively in the state or federal courts located in Los Angeles, California, and you consent to the exclusive jurisdiction and venue of such courts.

This Service is provided solely for use by persons located in the United States. We make no claims that the Service or any of its content is accessible outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws, rules, and regulations.

Arbitration

At Archetype’s sole option, any dispute arising from or related to the use of the Service, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General

You may not assign or otherwise transfer your rights under these Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion. We may freely assign our rights and obligations under these Terms to any third party as we determine in our sole business discretion.

This Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.

Any waiver or failure by Archetype to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.

All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the Archetype Chief Executive Officer.

These Terms state our entire agreement regarding your use and access to the Service, and supersede and replace any prior versions of these Terms or other agreements between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any other questions, comments or concerns about these terms contact us via email at mail@withconstruct.com.