Terms of Use

This Terms of Use Agreement ("Agreement," "End User License Agreement," or "EULA") is made by and between PCL Constructors Inc. ("PCL"), and you ("you," "your," or "user").

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE OR ANY WEBSITE OR APP TO WHICH THIS AGREEMENT IS ATTACHED, INCLUDING WITHOUT LIMITATION SIGNING UP FOR AN ACCOUNT TO USE THE PCL CRAFTLINK SERVICES, (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE OR APP.

THE PROVISION OF THE SERVICES DOES NOT CONSTITUTE AN OFFER OF EMPLOYMENT.

THE SERVICES ARE NOT INTENDED TO BE USED BY INDIVIDUALS UNDER THE AGE OF THIRTEEN (13). IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY NOT USE THE SERVICES.

PCL RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PCL’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPER-LINK LOCATED AT THE BOTTOM OF THE WEBSITE AND UNDER SETTINGS IN THE APP.

ACCESS TO THE SERVICES
To access the Services and the resources they offer, including contacting PCL, you will be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of the Services that all the information you provide in relation to the Services will be correct, current, and complete. If PCL believes the information you provide is not correct, current, or complete, PCL has the right to refuse you access to the Services or any of their resources, and to terminate or suspend your access at any time.
RESTRICTIONS ON USE
You may use the Services for purposes expressly permitted by the Services and pursuant to the terms of this Agreement. Your right to access and use the Service is solely a non-exclusive, non-transferable, non-sublicenseable, terminable, license subject to the terms and conditions in this Agreement. As a condition of your use of PCL’s Services, you warrant to PCL that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand the Services (including without limitation the website or any PCL app), (ii) frame the Services (including without limitation the website or any PCL app), without the express prior written permission of an authorized representative of PCL, (iii) transfer, disclose, assign or sublicense your login information or right to use the Services to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void; (iv) make error corrections to, or otherwise modify or adapt, the Services or to create derivative works based upon the Services, or permit third parties to do the same; (v) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Services to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (vi) use or permit the Services to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of PCL; (vii) disclose, provide, or otherwise make available trade secrets contained within the Services in any form, to any third party without the prior written consent of PCL; (viii) use the Services to develop any software application or similar products and services; or (ix) perform, display, or otherwise access or use the Services for the benefit of others outside of the scope of license provided in this Agreement. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Services or any Content accessible within the Services.

You agree to cooperate with PCL in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use Services in any manner which could disable, overburden, damage, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided through the Services. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of the Services without our express permission. Your use of the Services is strictly for your personal, non-commercial use only, unless otherwise authorized in writing by PCL.

You represent and warrant that you are not located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
MONITORING OF USE AND ADDITIONAL RESTRICTIONS
You acknowledge and agree that PCL reserves the right to remotely prevent access to and/or use of the Services for any reasons and solely in its discretion, with or without notice to you, including without limitation in the event that (i) PCL becomes aware, from you or otherwise, of unauthorized access or use of the Services by any third party using any user name, password, or other login credentials of you, or (ii) your violation of any term or condition of this Agreement. PCL reserves the right, but does not have the obligation, to monitor use of Services to determine compliance with this Agreement. All rights not expressly granted in this Agreement are reserved by PCL. You represent and warrant that (a) you are the owner or an authorized user of the device on which the Services are to be accessed and any information or Content of any type provided by you in conjunction with the Services; and (b) you shall use the Services only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same.

The types of information, such as devices used to access the Services, may also be tracked by PCL (such as via Internet Protocol address and other log information regarding the device, its operating system, browser, and other information regarding the user) to identify the device and locate where on the Internet that computer is located, as well as your use of the Services. Additional information regarding PCL’s collection, use, and sharing of information can be viewed in the Privacy Policy.
PROPRIETARY INFORMATION
The material and content accessible through the Services including without limitation all Intellectual Property in or related thereto, whether software (whether in object code, source code, or mark-up language form), photos or other images, video, audio, text, or otherwise (the "Content"), whether provided by PCL or another user, is the proprietary information of PCL or the party that provided or licensed the Content to PCL, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way outside of the normal functionality of the Services without the prior written consent of PCL. Modification or use of the Content except as expressly provided in this Agreement violates PCL’s Intellectual Property rights or the rights of its licensors. Neither title nor Intellectual Property rights are transferred to you by access to the Services.

"Intellectual Property" as used herein means any and all of the following in any jurisdiction throughout the world and all rights in, arising out of, or associated therewith: (a) patents, utility models, and applications therefor, and all reissues, divisions, re-examinations, renewals, extensions, provisionals, continuations and continuations-in-part thereof, and equivalent or similar rights anywhere in the world in inventions and discoveries, including invention disclosures; (b) all trade secrets, inventions (whether or not patentable and whether or not reduced to practice), and other rights in know-how and confidential or proprietary information; (c) all mask works, works of authorship and copyrights, registrations and applications therefor, and all other rights corresponding thereto (including moral rights), throughout the world; (d) rights in software (including without limitation APIs, source code, object code, and mark-up language); (e) rights of publicity, personality, identification, or similar personal or group attributes; (f) trade names, logos, common law trademarks and service marks, trade dress, trademark and service mark registrations, and applications therefor and any goodwill associated therewith; and (g) any similar, corresponding, or equivalent rights to any of the foregoing and any other intellectual property or proprietary rights throughout the world.
HYPER-LINKS, ADVERTISEMENTS, AND NO ENDORSEMENTS
The Services may hyper-link to other websites which are not maintained by, or related to, PCL. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with the Services or PCL. PCL has not reviewed any or all of such websites and is not responsible for the content of those websites. PCL is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user's own risk, and PCL makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to the Services. PCL provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by PCL of that website or any association with its operators.

Your business dealings or interactions with any third parties and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PCL does not endorse, approve, or control any such products, services, advertising or promotions by such third parties.
FEEDBACK
You may provide feedback to PCL with respect to the Services. Notwithstanding any provision of the Agreement to the contrary, PCL may use such feedback for any purpose without obligation of any kind. You hereby assign to PCL all right title, and interest in any feedback you provide to PCL, including all Intellectual Property in and related thereto. PCL will not be required to treat any feedback as confidential, and may use any feedback in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PCL operations.
DISCLAIMER
You understand that PCL does not guarantee or warrant that the Services offered will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. PCL does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PCL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT IN RELATION TO THE SERVICES AND THE CONTENT. PCL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PCL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PCL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PCL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. PCL DOES NOT MAKE ANY WARRANTIES THAT YOUR USE OF THE SERVICES OR THE CONTENT WILL NOT INFRINGE THE RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS, OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SERVICES OR ITS CONTENT. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TO SELL A CONSUMER PRODUCT "AS-IS," SO THIS EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW PCL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PCL OR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE MINIMUM AMOUNT ALLOWED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
You will, to the fullest extent permitted by law, and excluding any claim to the extent due to the negligent or intentional acts of PCL if you engage in Mitigation as described below, indemnify and hold PCL and its respective subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from: (1) any breach of this Agreement by you, including without limitation any use of Content other than as expressly authorized in this Agreement; and (2) any claims brought by third parties arising out of your use of the Services, including without limitation any Content or information accessed from the Services. You agree that the Indemnified Parties will have no liability in connection with any of the above, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorneys' fees (collectively "Losses") of the Indemnified Parties in connection therewith. You agree that you shall, in all instances, engage in its best efforts to mitigate any Losses, whether such actions include immediately notifying PCL of any issue, promptly revoking or aiding in the revocation of access to the Services for any user, or otherwise ("Mitigation").
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in the Services are the property of PCL or the party that provided the trademarks, services marks, logos, and copyrighted works to PCL. PCL and any party that provided trademarks, service marks, logos, and copyrighted works to PCL retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the Services.

All Content of PCL’s Services are: Copyright © 2019 PCL, Inc. All rights reserved.
SECURITY
Any passwords or other login credentials used for the Services are for individual use only. You will be responsible for the security of your password and any login credentials. PCL will be entitled to monitor your password and other login credentials and, at its discretion, require you to change it. If you use a password that PCL considers insecure, PCL will be entitled to require the password or other login credentials to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PCL reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. PCL reserves the right to investigate suspected violations of this Agreement.

PCL may use and disclose your information in special instances when PCL has reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with PCL's rights or property, other Service users, or anyone else. PCL may disclose information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend PCL's rights, to protect your vital interests or those of any other third party, and when PCL otherwise believes in good faith that any applicable law requires it.
APP STORE DISCLAIMER
This Agreement is between you and PCL, not any other entity such as without limitation Google, Inc., Apple, Inc., or Amazon.com, Inc., or any other third party through which you obtain the Services (collectively and individually "Third Party App Stores"), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the Services, provide any warranty granted in this Agreement, or provide any indemnity for intellectual property violations of the Services. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. As to an app downloaded from Apple's app store, the license herein to the Services is only to use the app on the Apple-branded products that you own or control. In the event of any failure of the Services to comply with any warranty as set forth herein, where that Service was purchased through Apple, Inc., you may contact Apple, Inc. for a refund of the purchase price paid through Apple, Inc. You must contact PCL and not any Third Party App Stores, regarding any product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection, privacy, or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to this Agreement and shall have the right to enforce this Agreement against you.
MISCELLANEOUS
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), and your use of the Services (collectively a "Dispute"), shall be governed by, and enforced in accordance with, the internal laws of the Alberta, Canada, including its statutes of limitation and excluding its conflicts of law rules. Any dispute for which a party is permitted to bring a court proceeding shall be instituted exclusively in the courts located in Alberta, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by a court of competent jurisdiction or arbitrator to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PCL as a result of this agreement or use of PCL’s Services.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and PCL with respect to PCL’s Services.

Notwithstanding the foregoing, any additional terms and conditions within the Services will govern the items to which they pertain.

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. PCL reserves the right to correct any errors, inaccuracies or omissions in this Agreement at any time without prior notice. PCL does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

PCL may revise this Agreement at any time by updating this posting. Your continued access or use of the Services after an update constitutes your agreement to any updates to this Agreement.
QUESTIONS
If you have any questions, complaints, or claims concerning these Terms and Conditions, please contact PCL by e-mail at NAHQInquiries@pcl.com, call us at 780-733-5000 or write to us at:

Privacy Officer
PCL Constructors Inc.
9915 56th Avenue NW
Edmonton, AB T6E 5L7
Canada

Last Modified: June 21, 2019

Terms of Use

PCL CRAFTLINK TERMS OF USE