Terms of Use - Go Build Alabama

Last Modified: April 17, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Alabama Construction Recruitment Institute, Inc. (“ACRI,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of gobuildalabama.com and any applicable mobile application and their respective content, including without limitation any content, functionality, subscriptions, features, tools, materials, and services oﬀered (the “Website”), whether as a guest or a registered user, including but not limited to employers and job seekers.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY USING OR OTHERWISE ACCESSING OUR WEBSITE, OR CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN AVAILABLE, YOU ARE ACCEPTING AND AGREEING TO ADHERE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS FULLY INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE (THE “PRIVACY POLICY”, AND WHEN USED TOGETHER WITH “TERMS OF USE” HEREIN WILL BE REFERENCED AS THE “AGREEMENT”), AND REPRESENTING AND WARRANTING THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO, ABIDE BY, AND COMPLY WITH THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES AN AGREEMENT BY ACRI AND BY YOU TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY.

ARBITRATION NOTICE. Except for certain kinds of disputes described in the “Arbitration” provision of these Terms of Use, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury

IF YOU ARE AN EMPLOYER USING THE WEBSITE FOR PROSPECTIVE EMPLOYEES (AN “EMPLOYER”), OR YOU ARE AN INDIVIDUAL USING THE WEBSITE TO BE CONNECTED WITH PROSECTIVE EMPLOYERS (A “JOB SEEKER”), PLEASE SEE THE END OF THESE TERMS OF USE FOR ADDITIONAL TERMS OF SERVICE THAT ARE SPECIFIC TO YOUR USE OF THE WEBSITE AS AN EMPLOYER AND/OR JOB SEEKER.

This Website is oﬀered and available to users 13 years or older residing in the United States or any of its territories or possessions. Using this Website, you represent and warrant that you meet all the eligibility requirements. You must not access or use the Website if you do not meet these requirements.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are eﬀective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or Content (as defined in these Terms of Use) we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Make all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of using the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, visual interfaces, graphics, compilations, data, animation, video and audio, computer code (including without limitation source code or object code), products, services, and all other elements of the Website and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by the ACRI, its licensors or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows:

Your computer may temporarily store copies of Content in RAM incidental to your accessing and viewing the Content.

You may store files automatically cached by your Web browser for display enhancement purposes.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any Content from this site.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this site.

If you wish to make any use of Content on the Website other than that set out in this section, please address your request to mailto: info@gobuildalabama.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by the ACRI. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The ACRI name, the ACRI logo and all related names, logos, product and service names, designs and slogans are trademarks of the ACRI or its aﬃliates or licensors. You must not use such marks without the prior written permission of the ACRI. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and by these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in these Terms of Use.

To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate the ACRI, an ACRI employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the ACRI or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Content on the Website.
Use any manual process to monitor or copy any of the Content on the Website or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technological harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which it is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise, attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Third-Party Content and Sites

The Website may contain (i) content or materials provided by third parties (including without limitation employers, other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services, and/or (ii) links to third-party websites and/or applications, that are not owned or controlled by ACRI. ACRI has no control over and assumes no responsibility for, the content, services, privacy policies, or practices of any third parties, and/or third-party websites or other applications (the “Third-Party Content”). In addition, ACRI will not and cannot censor or edit any Third-Party Content. You agree that ACRI is not responsible for any Third-Party Content that such third parties make available through the Website. You also agree that to the extent Website users post any information on the Website, those users, and not ACRI, are entirely responsible for all information posted by them, including without limitation biographical information, photos, video, images, folders, data, text, and other types of works (the “User Content”). ACRI and its licensors do not guarantee the accuracy, integrity, or quality of any Third-Party Content or User Content. Neither ACRI nor its licensors shall be liable in any way for any Third-Party Content and/or User Content made available on the Website, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret, or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error, or omission.

ACRI may provide tools through the Website that enable you to export information to third-party services, including without limitation through features that allow you to link your account on the Website with an account on such third-party services, such as a potential employer’s website, Twitter, or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using these tools, you agree that ACRI may transfer that information to the applicable third-party service. Third-party services are not under ACRI’s control, and, to the fullest extent permitted by law, ACRI is not responsible for any third-party service’s use of your exported information.

Additionally, including links from our Website to any third-party website, digital platform, or medium does not imply our approval or endorsement of the third party and/or such third-party website or other digital platform or medium. If you decide to leave our Website and access third-party sites or digital platforms or mediums, you do so at your own risk. ACRI is not responsible for the availability of such external sites or other third-party digital platforms or mediums and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites or other third-party digital platform or medium. You acknowledge and agree that ACRI will not be liable 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 through any such third-party sites or other third-party digital platform or medium.

Your use of the Website constitutes your agreement to any terms and conditions and privacy policies of third parties related to Third-Party Content you encounter through your use of the Website (the “Third-Party Terms”). If you do not or cannot agree with any part of the Third-Party Terms, you may not use the Website and/or any part of the Website.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such Content.

About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us concerning your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content or links to certain content on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on
your own or certain third-party websites.

You may use these features solely as we provide them, solely concerning the content they are displayed with, and otherwise following any additional terms and conditions we provide concerning such features. Subject to the foregoing, you must not:

Establish a link from any website that you do not own.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise, take any action concerning the Content on this Website that is inconsistent with any other provision of these Terms of Use.

The website to which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to and/or use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Administrative/Operational Text Messages

ACRI and those acting on our behalf may send you text (SMS) messages at the phone number you provide us, including to verify your account upon registration. When you provide your phone number, you agree to receive messages from us. These messages may include administrative/operational messages about your use of the Website, account verification, and password reset instructions. You may update the phone number associated with your account at any time through the Website or by sending an email to info@gobuildalabama.com. Administrative/operational text messages are essential to the Website. If you wish to refrain from receiving administrative/operational text messages from us, do not use the Website. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Website. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

Marketing Text Messages

By consenting to Go Build Alabama’s SMS marketing service, you agree to receive recurring marketing text notifications (including reminders for upcoming course opportunities in your area), even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies.

If you wish to unsubscribe from receiving marketing text messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the SMS marketing service, but you are responsible for all fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us at info@gobuildalabama.com for more information.

We have the right to modify any telephone number or short code we use to operate the SMS marketing service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS marketing service, any errors in such information, and/or any action you may or may not take in reliance on the information or the SMS marketing service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

User Content

Certain features of the Website may permit users to upload the user’s own content to the Website (the “User Content”, and specifically excluding personally identifiable information relating to you, the handling of which is addressed in our Privacy Policy), and to publish User Content on the Website. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Website.

By providing User Content to or via the Website, you grant ACRI an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, whether or not for commercial purposes.

ACRI disclaims any liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Website. By providing User Content via the Website, you affirm, represent, and warrant that:

You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize ACRI and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by ACRI, the Website, and these Terms of Use;

Your User Content, and the use of your User Content as contemplated by these Terms of Use, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause ACRI to violate any law or regulation; and
A reasonable person could not deem your User Content to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. ACRI may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms of Use or is otherwise objectionable. You understand that when using the Website, you will be exposed to User Content from various sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ACRI with respect to User Content. If notified by a user or User Content owner that User Content allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, ACRI does not permit copyright-infringing activities on the Website.

ACRI does not control and does not have any obligation to monitor (a) User Content, (b) Third-Party Content, or (c) the use of the Website by its users. However, and notwithstanding the foregoing, you acknowledge and agree that ACRI reserves the right to and may, from time to time, monitor any information transmitted or received through the Website for operational and other purposes. If at any time ACRI chooses to monitor the User Content or Third-Party Content, ACRI still assumes no responsibility or liability for User Content and/or Third-Party Content or any loss or damage incurred because of the use of User Content and/or Third-Party Content. Information may be examined, recorded, copied, and used under our Privacy Policy during monitoring.

Unsolicited Submissions to ACRI

To avoid potential misunderstandings and conflicts, we do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. All unsolicited creative materials, suggestions, ideas, or other information you communicate to ACRI (“Submissions”) will be deemed the property of ACRI. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, including without limitation the unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Submissions in any manner and for any commercial or other purposes whatsoever, including without limitation to improve the Website and create additional Content (including without limitation new products and services), without compensation to you or any other person who contributed to the Submission. We will not be required to treat any Submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not ACRI, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Geographic Restrictions

The website’s owner is based in the State of Alabama, United States. We provide this Website for use only by people in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or countries. If you access the Website from outside the United States, you do so on your initiative and are responsible for compliance with local laws.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at info@gobuildalabama.com.

Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of the material that you claim is infringing and where it is located on the Website; Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and;
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

ACRI will promptly terminate the accounts of users determined by ACRI to be repeat infringers.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that your use of the Website, including without limitation files available for downloading from the internet, will be free of viruses or other destructive code. You are responsible for implementing suﬃcient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ACRI NOR ANY PERSON ASSOCIATED WITH THE ACRI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ACRI NOR ANYONE ASSOCIATED WITH THE ACRI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE ACRI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS CONCERNING CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ACRI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT AS PROVIDED IN THE SECTION ENTITLED “ARBITRATION” OF THESE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, CONTENT, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE CONTENT.

Indemnification

You agree to defend, indemnify and hold harmless the ACRI, its aﬃliates, licensors and service providers, and its and their respective oﬃcers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed following the internal laws of the State of Alabama without giving eﬀect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). You and ACRI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Jefferson County AL for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

Arbitration

In the interest of resolving disputes between you and ACRI most expediently and cost-effectively, and except as described in this section below, you and ACRI agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ACRI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Despite the provisions of this section, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

If you do not wish to resolve disputes by binding arbitration, you may opt out of this section within thirty (30) days after the date that you agree to these Terms of Use by sending an email to info@gobuildalabama.com, Attention: Legal Department – Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your account on the Website, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once ACRI receives your Opt-Out Notice, the entirety of this “Arbitration” section as between you and ACRI will be void and any action arising out of these Terms of Use will be resolved as outlined in the section of these Terms of Use entitled “Governing Law and Jurisdiction”. The remaining provisions of these Terms of Use will not be affected by your Opt-Out Notice.

Any arbitration between you and ACRI will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to this binding arbitration agreement’s interpretation, applicability, or enforceability.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). ACRI’s address for Notice is: [Go Build Alabama, 2343 Parkway River Rd, Hoover, Alabama 35244]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or ACRI may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or ACRI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by ACRI in settlement of the dispute prior to the award, ACRI will pay to you the higher of (i) the amount awarded by the arbitrator; or (ii) Ten Thousand U.S. Dollars ($10,000).

If you commence arbitration per these Terms of Use, ACRI will reimburse you for your payment of the filing fee, unless your claim is for more than Ten Thousand U.S. Dollars ($10,000), in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place in Birmingham, Alabama but if the claim is for Ten Thousand U.S. Dollars ($10,000) or less, you may choose whether the arbitration will be conducted: (a) solely based on documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing as established by the American Arbitration Association (AAA) rules in Birmingham, Alabama. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse ACRI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

If ACRI makes any future change to this arbitration provision, other than a change to ACRI’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change. In that case, your account with ACRI will be immediately terminated, and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

YOU AND ACRI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ACRI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this provision, or the entirety of this section entitled “Arbitration” is found to be unenforceable, or if ACRI receives an Opt-Out Notice from you, then the entirety of this section entitled “Arbitration” as between you and ACRI will be null and void and, in that case, the exclusive jurisdiction and venue described in the section of these Terms of Use entitled “Governing Law and Jurisdiction” will govern any action arising out of or related to these Terms of Use.

Waiver and Severability

No waiver of by the ACRI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ACRI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and eﬀect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Alabama Construction Recruitment Institute, Inc. concerning the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Website.

Your Comments and Concerns

Alabama Construction Recruitment Institute, Inc. operates this Website.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@gobuildalabama.com

Additional Language Related to Employers and Job Seekers

You understand, acknowledge, and agree that the portions of the Website related to the posting of and communication around potential job opportunities by Employers and Job Seekers (the “Job Board”) is simply a venue for (i) Employers to post job opportunities and search for and evaluate Job Seekers and (ii) Job Seekers to post resumes and profiles and search for and evaluate job opportunities. ACRI does not screen or censor the listings and/or communications related to the Job Board, including profiles offered. ACRI is not involved in, and does not control, the actual transaction between Employers and Job Seekers. As a result, you understand, acknowledge, and agree that ACRI is not responsible for User Content, the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Job Seekers, or the ability of Job Seekers to fill job openings, and ACRI makes no representations about any jobs, resumes, or User Content on the Website, including without limitation the Job Board. While ACRI reserves the right in its sole discretion to remove User Content, job listings, resumes, or other material from the Job Board from time to time, ACRI does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. Employers and Job Seekers further understand, acknowledge, and agree that all provisions of these Terms of Use are equally applicable to Employers’ and Job Seekers’ use of the Job Board.

Additional Terms Applicable to Employers

Employers are solely responsible for their postings on the Job Board. ACRI is not to be considered to be an employer with respect to Your use of the Website and ACRI shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Job Board.

You understand and acknowledge that if You cancel Your Employer account or Your Employer account is terminated, all Your account information from ACRI, including saved resumes, network contacts, and email mailing lists, may be deleted from ACRI’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ACRI’s web servers.

In order to protect ACRI’s users from commercial advertising or solicitation, ACRI reserves the right to restrict the number of e-mails which an Employer may send to users to a number which ACRI deems appropriate in its sole discretion. You shall use Job Seeker profiles in accordance with all applicable privacy and data protection laws.

Additional Terms Applicable to Job Seekers

You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume or information contained therein placed by You on the Job Board.

You acknowledge and agree that You should protect your personal information by never providing social security, credit card, or bank account numbers to prospective Employers.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Job Seeker account or Your Job Seeker account is terminated, all Your account information from ACRI, including resumes, profiles, cover letters, saved jobs, and questionnaires will be marked as deleted in, and may be deleted from, ACRI’s databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through ACRI’s web servers. In addition, third parties may retain saved copies of Your information.

ACRI reserves the right to delete Your Job Seeker and all of Your information after a significant duration of inactivity.