Dominate SmartSite Terms of Service and Conditions
Dominate SmartSite is the leading global provider of IIoT enterprise solutions for the construction and manufacturing industries. We bring real-time visibility to all aspects of your site by wirelessly connecting your workforce, subcontractors, productivity, assets, materials and environment to the digital world. We are trusted by customers to connect their field operations, enhance productivity, improve project profitability, and effectively collaborate across the broad construction ecosystem.
This terms of service agreement establishes legally binding terms that you should accept if you are to use our solutions. As you access http://dominatesmartsite.com (the Site) or our field management solutions (web, desktop and mobile solutions), for your own personal use and interest, or on the behalf of your corporation, you (individually or collectively) agree to abide all the conditions and terms of service provided in this agreement. Therefore, you are strongly recommended to read this terms of service agreement carefully and thoroughly.
Rules and Regulations
You agree not to use the Site or Solutions for any purpose that is unlawful or prohibited by these Terms.
Dominate SmartSite reserves the right to do modifications on this terms of service agreement, at any time and without your notice. It is your responsibility to check these terms of service from time to time. Dominate SmartSite authorizes you to use the services provided by us only if you agree to this terms of service, which includes laws, rules and regulations. You should agree that you will be bound to such revisions and modifications. In case you do not agree to abide our future modifications, you should not continue using the Site and Services. All users (members that have signed up to the system and have a Dominate SmartSite account) are subject to this terms of service agreement.
Use Restrictions. User shall not, directly or indirectly:
(a) use (including make any copies of) the Solutions beyond the scope of the license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Solutions or any part thereof;
(c) combine the Solutions or any part thereof with, or incorporate the Solutions or any part thereof in, any other programs;
(d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Solutions or any part thereof;
(e) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the Solutions, including any copy thereof;
(f) copy the Solutions, in whole or in part;
(g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Solutions, or any features or functionality of the Solutions, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service; or
(h) use the Solutions for purposes of competitive analysis of the Solutions, the development of a competing software product or service or any other purpose that is to Dominate SmartSite’s commercial disadvantage.
Responsibility for Use of Solutions. User is responsible and liable for all uses of the Solutions through access thereto provided by User, directly or indirectly. Specifically, and without limiting the generality of the foregoing, User is responsible and liable for all actions and failures to take required actions with respect to the Solutions or by any other Person to whom User may provide access to or use of the Solutions, whether such access or use is permitted by or in violation of this Agreement.
Collection and Use of Information
User’s Acknowledgement. User acknowledges that Dominate SmartSite may, directly or indirectly, collect and store information regarding use of the Solutions, and User hereby acknowledges and agrees that Dominate SmartSite may use such information for any lawful purpose or any purpose related to any use of Solutions, including but not limited to:
(a) improving the performance of the Solutions;
(b) as permitted by you, to provide you with promotional and marketing materials concerning other services and products which may be of interest to you; and
(c) verifying User’s compliance with the terms of this Agreement and enforcing the Dominate SmartSite’s rights, including all Intellectual Property Rights in and to the Solutions.
Intellectual Property Rights
User acknowledges and agrees that the Solutions are provided under license, and not sold, to User. User does not acquire any ownership interest in the Solutions under this Agreement, or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Dominate SmartSite and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Solutions and all Intellectual Property Rights arising out of or relating to the Solutions, except as expressly granted to the User in the Agreement. User shall safeguard the Solutions from infringement, misappropriation, misuse or unauthorized access, and User shall promptly notify Dominate SmartSite in case of becoming aware of any unauthorized access to the Solutions or any infringement of Dominate SmartSite’s Intellectual Property Rights in the Solutions and fully cooperate with Dominate SmartSite in any legal action taken by Dominate SmartSite to enforce its Intellectual Property Rights.
Termination
(a) User may terminate this Agreement by ceasing to use and access the Solutions.
(b) Dominate SmartSite may terminate this Agreement, by providing written notice to User, if User, breaches this Agreement and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured ten (10) days after Dominate SmartSite provides notice thereof.
(c) Dominate SmartSite reserves the right to terminate the license granted hereunder for any or no reason or to discontinue, suspend, enhance, update or otherwise modify the Solution or its availability to you at any time and for any or no reason without notice.
Effect of Termination. Upon expiration or earlier termination of this Agreement, the license granted under the Agreement shall also terminate, and User shall cease using the Solutions.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, DOMINATE SMARTSITE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANTY THAT OUR SERVICES ARE GOING TO BE WITH TOTAL ACCURACY, AND THAT THEY WILL NEVER BREAK DOWN. YOU AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. ALSO, DOMINATE SMARTSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY OTHER SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. AS WITH THE USE OF SERVICES THROUGH ANY CHANNEL OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Dominate SmartSite does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with the Solutions. If your use of the Solutions or the materials, text, graphics, and or links associated with the Site results in the need for servicing or replacing equipment or data, Dominate SmartSite is not responsible for those costs.
Limitation of Liability
Exclusion of Consequential Damages.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN NO EVENT WILL DOMINATE SMARTSITE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR SERVICE PROVIDERS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DOMINATE SMARTSITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Content
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by Dominate SmartSite. You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.
Any and all Content and Services are protected by copyright and other intellectual property laws. Dominate SmartSite and its licensors reserve all rights not expressly granted in and to the Site and the Content. “Content” includes the data, text, software, scripts, graphics, logos, photos, sounds, videos, audiovisual combinations, interactive features, and all other materials you may view on, download, use, access through, or contribute to the Site. “Service” means the online, web-based solutions and platform provided by Dominate SmartSite via https://dominatesmartsite.com, including associated offline components.
Dominate SmartSite is not obliged to monitor the content. It reserves the right to add, modify, change or remove Content, in its sole discretion, at any time and for any reason.
The Site may contain links to third party websites that are not owned or controlled by Dominate SmartSite. Dominate SmartSite has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the Site, you expressly release Dominate SmartSite and its affiliates from any and all liability arising from your use of any third party Content or website.
Security and Privacy
You may not breach the security or authentication measures on the Site, or any network connected to it. You may moreover not probe, scan or test the vulnerability of the Site or its connected networks. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Dominate SmartSite, including any Dominate SmartSite account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Dominate SmartSite’s systems or networks, or any systems or networks connected to the Site or to Dominate SmartSite.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Dominate SmartSite on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Dominate SmartSite or others.
Accounts and Passwords
The Site contains public channels, private channels, and/or forums for your Content. Private channels are intended to be accessible only via your Account (the Dominate SmartSite account you create using your email address and password). Public channels may be visible to any user accessing the Site. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Dominate SmartSite immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dominate SmartSite or any other user of or visitor to the Site due to someone else using your Dominate SmartSite ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Dominate SmartSite ID, password or account at any time without the express permission and consent of the holder of that Dominate SmartSite ID, password or account. Dominate SmartSite cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
General Usage
You affirm that you are of and above 18 years of age, or you have legal parental or guardian consent to use services provided by Dominate SmartSite, and that you fully understand these terms and have the needed competence and the ability to enter into them.
These rights and any other rights and licenses gathered hereunder, are to be transferred and assigned by Dominate SmartSite, solely and without restriction.
Only you will be responsible for your use of the Site and the Content included in it. We are providing services on an “As Is” basis, and you are to take the responsibility for your use of services provided by the Site, and any probable risks. You are authorized to use services provided by Dominate SmartSite only if you agree to abide this agreement; if you do not, then please do not use the Site.
Miscellaneous
Force Majeure. Dominate SmartSite will not be responsible or liable to User, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or User equipment, loss and destruction of property or any other circumstances or causes beyond Dominate SmartSite’s reasonable control.
Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the [third] day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
Entire Agreement. The signed Agreement, together with the Terms of Service and Privacy Policy constitutes the sole and entire agreement between User and Dominate SmartSite with respect to the subject matter contained in the Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Assignment. User shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Terms of Service. Any purported assignment, delegation or transfer in violation of this Section is void. Dominate SmartSite may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without User’s consent. This Terms of Service is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
Interpretation. For purposes of this Terms of Service, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Terms of Service as a whole. Unless the context otherwise requires, references herein: (x) to Sections refer to the Sections of this Terms of Service; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Terms of Service shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.