Terms of Use

INTRODUCTION

Welcome to the Internet website www.PlazaConstruction.com (this “Site”), which has been developed and is controlled and maintained by Plaza Construction Corporation (“Plaza”).  Please note that while this Site is owned and operated by Plaza, the services described in this Site are in fact performed, by entities affiliated with Plaza. Clients contract with individual Plaza affiliates for services depending, in part, on the nature of the services and the geographic location of the project.  Plaza and any and all affiliated entities that control, are controlled by, or are under common control with Plaza or who share common management, marketing or other staff resources of Plaza are collectively referred to herein as “we,” “us” or “our”.

PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE.  

By using this Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, please exit the Site immediately, as you are not authorized to use the Site.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.  From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional Terms of Use for certain Site features.  Any changes to these Terms of Use may be made without notice, and will be effective immediately upon posting on the Site, so please be sure to review them on an ongoing basis.  The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.

USE OF CONTENT

All information, videos, materials and other content (collectively, “Content”) contained on the Site are the property of Plaza and/or its affiliates or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  We may change the Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your use only; provided that you (a) keep intact all copyright, trademark and other proprietary rights notices, (b) make no modifications to the Content and (c) do no use the Content in a manner that suggests an association with any of our services or an affiliation with us.   Any unauthorized or prohibited use may subject the offender to civil liability and potential criminal prosecution under applicable federal and state laws.

SUBCONTRACTOR EXTRANET AND REGISTRATION

In order to access our subcontractor extranet, a username and password may be required, which you will need to obtain from Plaza.  Once you have obtained access, you may be required to accept cookies and to download, install or otherwise enable certain software applications.

If you elect to request access to the subcontractor extranet, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration form (collectively, “Subcontractor Data”) and (b) maintain and promptly update any Subcontractor Data to keep it true, accurate, current and complete.  If we have reasonable grounds to suspect that the Subcontractor Data is in any way inaccurate, we may suspend or terminate your account and refuse any use of the Site, the extranet or any portion thereof.  You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Subcontractor Data, including without limitation your failure to receive critical Site information.

We may provide you with access to some features of the Site without your registering as a user and in each such case your identification is based on means of identification that we deem appropriate.

CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE AND SEARCH RESULTS

You should be aware that when you are on the Site, there may be links to other sites that take you outside of our service to sites that are beyond our control. You acknowledge that when you click on any such link, the sites you are taken to are not controlled by us; different terms of use and a different privacy policy may apply, and we are not responsible for such sites.  We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party Content contained on our Site.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.  We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

DISCLAIMERS

The content on or otherwise related in any way to the site or any third party sites or services linked to or from the site is provided "as is" and without warranties of any kind.  To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatability and noninfringement.  We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects, if any, will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components.  Moreover, you assume the entire cost of all necessary servicing, repair or correction.  We do not warrant or make any representations regarding the use or the results of the use of any content.  You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).

The Site may contain the opinions and views of other users.  We cannot endorse, guarantee or be responsible for the accuracy, efficacy or veracity of any content generated by our users.

The Content of the Site is intended for informational purposes only. You should not act or refrain from acting on the basis of any Content included in, or accessible through, the Site without seeking the professional advice on the particular facts and circumstances at issue from an appropriate professional licensed in the user’s state or other appropriate licensing jurisdiction.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, our licensors, representatives and other authorized users, and each of the foregoing entities’ respective subcontractors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or any claim arising from your use of the Site and/or any Content.  We will provide notice to you of any such claim and will assist you, at your expense, in defending any such claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall we or any of the indemnified parties be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the site or content or (b) the content, information and/or services included on or available through the site, even if we have been advised of the possibility of such damages.

We may terminate your further access to the site or change the site or delete content or features in any way, at any time and for any reason or no reason.

The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

USER INFORMATION

Subject to the Plaza Privacy Policy, the Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and your use of any part of the Site, for the purpose of fulfilling requests for information or services, for the Company’s internal business purposes and for disclosure to third parties engaged in the promotion of the Company and its products and services.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others.  We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in any way without your permission, please provide the following information to our copyright agent designated below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Lester Rivelis

Full Address of Designated Agent to Which Notification Should be Sent: 1065 Avenue of the Americas, 7th Floor, New York, New York 10018.

Telephone Number of Designated Agent: (212) 849-4800

Facsimile Number of Designated Agent: (212) 849-4855

Email Address of Designated Agent: info@Plaza.com.

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

JURISDICTIONAL AND VENUE ISSUES

In the event of a dispute arising under this Terms of Use, you agree to submit such dispute to arbitration to be finally determined by arbitration in the City of New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor; any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court, but judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.  The parties may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration; provided, however, the non-prevailing party at such arbitration shall be responsible for the legal fees and costs of itself and the prevailing party. We make no representation that Content on the Site is appropriate or available for use in any particular location.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

AMENDMENT

At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof).  If we make a material amendment to these Terms of Use, we will notify you of such amendment by sending you an email at the last email address that you provided us, and/or by posting notice of such amendment on the Site.  Any such amendment to these Terms of Use will be effective immediately upon our posting of the amended Terms of Use on the Site.   

GENERAL PROVISIONS

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of New York and of the United States, without giving effect to any principles of conflicts of law.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  Except as expressly provided in the Plaza Privacy Policy or material on particular web pages, these Terms of Use constitute the entire agreement between you and us with respect to your use of the Site.  These Terms of Use shall be binding upon you, Plaza and each of yours and Plaza’s successors and assigns and shall inure to the benefit of Plaza, you and each of Plaza’s and your respective successors and assigns.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “without limitation.”  You agree that any cause of action you may have arising out of or related to these terms of use or the site must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.