Last Updated: April 23, 2020
STO BUILDING GROUP TERMS OF SERVICE
Please carefully read these Terms of Service (“Agreement”). This Agreement between you and the STO Building Group (defined for purposes of this Agreement as Ajax Building Corporation; BCCI Construction; L.F. Driscoll Company; Pavarini McGovern, LLC; Pavarini North East Construction Co., LLC; ST Tech Services, LLC; STO Holdings, Inc.; Structure Tone Limited (Ireland); Structure Tone Ltd. (UK); Structure Tone Southwest, LLC; Structure Tone, LLC; and their divisions and subsidiaries) (collectively, the “Company”, “us”, “our”, or “we”) governs your use of the websites, applications, and electronic communications that link to this Agreement (collectively, the “Platform”) and the training materials, content, and services available through the Platform (collectively, Platform and all related materials, content, and services are referred to herein as the “Services”).
By accessing the SERVICES, you agree to be bound by this Agreement WITHOUT ANY MODIFICATION. DO NOT ACCESS OR USE THE SERVICES IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ENTITY AND TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.
IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED VIA INDIVIDUAL BINDING ARBITRATION.
Registration and Eligibility for Services
- Registration. In order to utilize some of the Services’ features, you must register and create an account. In order to create an account, you must complete the registration process by providing us with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, this Agreement binds both you and the entity.
- Refusal of Service. We reserve the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate this Agreement, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by us in our sole discretion.
- Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your
parent or legal guardian to enter into this Agreement and use the Services. We do not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
- Electronic Communications. By accepting this Agreement and using the Services, you consent to receive electronically all communications or notices sent by us with regard to the Services or this Agreement to any email address you provide to us. It is your responsibility to update your contact information provided to us. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. We may send communications in a non-electronic format in our discretion.
Registration and Eligibility for Services
We may revise and update this Agreement from time to time and will post the updated Agreement to the Services. Unless otherwise stated in the amended version of the Agreement, any changes to this Agreement will apply immediately upon posting. Other than updating the date at the top of the Agreement, we generally will not notify you of any such changes by email or other personal contact, but we reserve the right to do so. You should revisit these Terms of Service on a regular basis as revised versions will be binding upon you. Your continued use of this Services will constitute your agreement to any new provisions within the revised Agreement.
Access to and Use of the Services; Proprietary Rights
- Ownership. All written content, videos, or other materials prepared and posted by us (not including User Content), and the Services design, layout, look, appearance, and graphics, as well as the trademarks, service marks, and logos contained on our Services (collectively, “STO Building Group Content”) are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Services and the STO Building Group Content.
- Access and Use of the Services. Subject to, and in accordance with, this Agreement, and contingent upon all required payments, we agree to provide you with a non-exclusive, non-transferable account enabling you and your employees to access and use the Services for your internal business needs only (and not for service bureau, time-sharing, or similar services). Each user account is valid for one user only and may not be shared concurrently or otherwise by or among multiple users. You are not permitted to use, share, or transfer access to the Services in excess of the usage limitations set forth in this Agreement or in any manner not expressly authorized by this Agreement or applicable law. Unless multiple site subscriptions are purchased, the Services may only be used by your employees or your wholly owned affiliated entities that are based at a single physical site or location. Your authorization to access and use the Services is automatically revoked if you violate any of this Agreement. We reserve the right to revoke your authorization to access or use the Services at any time for any reason. Except as otherwise provided in this Agreement, no part of the Services and no STO Building Group Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, Services, or other medium for publication or distribution or for any commercial use without our prior express written consent. Your access to this Services is provided on a temporary basis with no guarantee for future availability.
- Services Availability. There may be times when the Services is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or is completely free of human or technological errors. You must provide the equipment and internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.
- Changes to the Platform. We may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We may from time to time develop and provide Platform updates, which may include upgrades, bug fixes, patches, and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
- Security. You shall be solely responsible for the security, confidentiality, and integrity of all information that you receive, transmit through, or store on the Services. You shall be solely responsible for any authorized or unauthorized access and use of your account by any person. You have the affirmative responsibility to monitor and control access to your account information.
- User Data after Termination. In the event you cancel your subscription, you terminate this Agreement, or your access to the Services is otherwise revoked, you will no longer be able to access your user data through the Services. However, if requested within thirty (30) days after the effective date of such cancellation, termination, or revocation, we will make available to you for download a file of your user data in comma separated value (.csv) format. After such thirty-day period, we shall have no obligation to maintain or provide any user data and may thereafter, unless legally prohibited, delete all user data in its systems or otherwise in its possession or under its control. The cost to provide you the user data pursuant to this section shall be $100.00 or such other updated fee to be determined by the Company.
User Representations; Restrictions on Use of Services
You represent and warrant to us that:
- You are at least 18 years of age;
- You will not use the Platform or the Services to violate any statute, law, rule, or regulation, to violate any agreement between the Company and you, or to otherwise violate the legal rights of the Company or any third person;
- All information provided by you to the Company is truthful, accurate, and complete;
- You are an authorized signatory of the credit or debit card, ACH account, or other payment method, if any, provided to the Company to pay the Fees, Taxes, purchase prices, and other charges;
- You have provided and will maintain accurate and complete registration information with us, including, without limitation, your legal name, address, and telephone number;
- You will not access or use the Services in order to gain competitive intelligence about us, the Services, or any product or service offered by us or to otherwise compete with us;
- You are in fact an authorized representative of the entity on behalf of which you purport to act; and
- You will comply with all the terms and conditions of this Agreement.
In addition to complying with any other posted terms and conditions applicable to your use of the
Services, you agree that when using the Services, you will not:
- Harm any person(s) in any way;
- Use the Services or any STO Building Group Content in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules, or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation;
- Delete, modify, or attempt to change or alter any of the STO Building Group Content or
notices on the Services;
- Introduce into the Services any virus, rogue program, time bomb, drop dead device, back door, trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Services, or to otherwise harm other users, STO Building Group Content, or any third parties, or perform any such actions;
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
- Use the Services to commit fraud or conduct other unlawful activities or to impersonate any person or otherwise falsely state or misrepresent your relationship with a person;
- Access or attempt to access any other person’s account, information, or content without
- Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services is based;
- Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or scraping the information contained on the Services for any reason;
- Frame or mirror any part of the Services;
- Connect to or access any Company computer system or network without authorization;
- Use any of our trademarks without approval, or remove or modify any copyright, trademark, or other intellectual property notice that appear on the Platform;
- Use the information in the Services to create or sell a similar service; or
- Attempt to, or permit or encourage any third party, to do any of the above.
In order to protect the integrity of the Services, we reserve the right at any time in our sole
discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by us to limit, restrict, or prevent access to the Services.
If you have any questions or need to contact us for any reason relating to this Agreement, please
You may also send us mail at the following address:
STO Building Group
330 W. 34th Street
New York, New York 10001