Thank you for visiting the PledgX website. The Site provides information regarding software and services for
("us", "we" or "PledgX") regarding your use of services available by means of this
Site; please read them carefully. By registering for our site, you accept the legally binding terms set forth
all use of our site and services.
1. Services. Among other Services, this Site presents information regarding software and services for contractors, buyers of contractor services, brokers and issuers of bonds and other guarantees serving the construction industry.
2. Legality. Use of the site in violation of applicable laws is expressly prohibited. You are solely responsible for verifying that your use of the site and consummation of transactions contemplated by this site is permitted in your jurisdiction and comply with all applicable laws, regulations, orders, and court decisions. If you have any questions regarding legality in your jurisdiction, please consult legal counsel. When you access, resister for, or use the site, you do so at your own risk, and you are solely responsible for complying with all applicable rules and regulations in connection with activities relating to the site.
3. Intellectual Property Rights PledgX owns the copyright in the site and its content, including its overall appearance, graphics design and underlying source files. You may download or copy material from our site, only for your own personal, non-commercial use. Any other use is forbidden, except as permitted above. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, create derivatives of, or use for any public or commercial purpose the contents of this site without the prior written permission of PledgX. The entire contents of this site are protected by copyright and/or other intellectual property rights. You may not link to or frame this Site or any portion hereof. PledgX’s name and other PledgX services names and logos referenced in this Site are trademarks of PledgX or its affiliates. Rights in other marks and logos which appear on the Site are reserved to the owners thereof, and PledgX is not affiliated with and does not endorse such entities. You may not separate from this site, or copy or download separate from our site, or otherwise use any of these trademarks or logos. Nothing contained in this site should be construed as granting any license or right to use any of these trademarks or logos.
4. Equipment. You are responsible for providing, maintaining, and repairing at your own expense all equipment and ancillary services required to access, connect to or otherwise use the Services, including, without limitation, modems and hardware.
5. Registration & Account Use. You must be at least Eighteen (18) years old to register for or use the Site. Notwithstanding the foregoing, if you reside in a state, country or other jurisdiction that requires a higher minimum age for your use of the site or participation in its activities, you must comply with the applicable law.When you register with PledgX and set up your account, you must:
• be responsible for safeguarding and maintaining the confidentiality of your username, password, and corresponding account information.
You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for all activities or actions that occur under your PledgX account, whether you have authorized such activities or actions. You hereby indemnify and, at our request, defend PledgX against all claims, losses, damages, or other liabilities arising from or relating to activities or actions that occur under your PledgX account. You agree to notify PledgX of any unauthorized use of your PledgX account or any other breach of security within (24) twenty-four hours of such use being known to you. If your username or password is stolen, please notify PledgX immediately so that a new username or password can be created.
• You agree that you will not permit, enable, introduce, or facilitate persons who do not have a PledgX account to have access to or use of the Site.
• We may terminate your account immediately and without notice if you do not comply with the Terms or if we believe your participation in the Site does not comply with applicable laws.
6. Limitations on Participation. You may establish only one account per person to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person all additional accounts will be closed without notice and continued violation will result in the termination of all of your accounts and PledgX may take any actions it deems necessary to that effect. The Site also reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.
8. Use of Non-Personally Identifying Information. Subject to the provisions below in respect of personally identifying information, any communication or material that you transmit to PledgX through the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions, and the like, is, and will be treated as, non-confidential and non-proprietary information. PledgX may use such communication or material for any purpose whatsoever including, without limitation, for disclosure, reproduction, and publication. PledgX will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever. In addition, PledgX will be free to use any non-identifying statistical information relating to the Site or use thereof without any compensation to you.
10. Our Commitment to Security. We have put in place physical and electronic procedures to safeguard and help prevent unauthorized access, maintain data security. We reserve the right to commence civil and criminal proceedings against unauthorized users of the Site, or in connection with activities not in compliance with these Terms or applicable law. Records of user activities using the Site may be accessed by law enforcement organizations. We will comply with court orders with respect to requests for information. You agree that the Site is not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account. Any attempt to gain unauthorized use of the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is prohibited and will result in termination of your account, and civil and criminal prosecution.
12. Emails & Correspondences. By registering at the Site, you acknowledge and agree that we may send you email messages about our company, our services, current investment opportunities, and transactions. By accepting these Terms or using the Site or the Services, you affirmatively consent to receive such commercial messages. As a registered member, you can deactivate your account and be removed from our mailing list by emailing us at firstname.lastname@example.org. You will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating either to your account or to your transactions without offering you the opportunity to opt out of receiving them.
13. Use Guidelines. You understand and agree that PledgX may review and edit or delete any messages, communications, or other content that you submit using or by means of our site (collectively, "Content") that in the sole judgment of PledgX, violate these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any User. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") to the Site or any material or information you transmit to other Users. By posting Content on any public area of the Site, you automatically grant, as well as represent and warrant, that you have the right to grant to PledgX, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content and that PledgX has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.The following is a partial list of the type of Content and activities that are illegal or prohibited on the Site. PledgX reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:
• Content that is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual
• Activity that harasses or advocates harassment of another person
• Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
• Engaging in advertising to, or solicitation of, any User to buy or sell any products or services through the Site, including investment opportunities or activities.
• Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
• Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
• Providing material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18.
• Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
• Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
• Modifying, adapting, translating, or reverse engineering any portion of the Site.
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Site.
• Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Site.
• Reformatting or framing any portion of the web pages that are part of the Site.
• Creating user accounts by automated means or under false or fraudulent pretenses.
• Submitting Content that falsely express or imply that such Content is sponsored or endorsed by PledgX or its affiliates.
• Submitting Content that infringe misappropriate or violate the intellectual property, publicity, privacy, or other proprietary rights of any party.
• Transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
• Submitting Content that is unlawful or promote or encourage illegal activity.
While PledgX prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Content and that you use the Site at your own risk.
You must use the Site in a manner consistent with all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any User to buy or sell any products or services through the Site. Although PledgX cannot monitor the conduct of its Users off the site, it is also a violation of these rules to use any information obtained from the Site to harass, abuse, or harm another person or to contact, advertise to solicit or sell to any User without their prior explicit consent. To protect our Users from such advertising or solicitation, PledgX reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which PledgX deems appropriate in its sole discretion.The Site is made available for commercial use only. Businesses, organizations, or other legal entities may not use the Site for any purpose other than with respect to transactions with us.You may not use the Site for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada, the US, or your country of residence.
14. Confidentiality. Our Site includes content and information provided and/or posted by third parties, including information with respect to the business and/or financials and/or activities of such third parties, which such third parties may deem as ‘confidential’ (“Confidential Information”). Users shall not, without the prior written approval of such third parties, publish or otherwise disclose to others, or use such Confidential Information for any purpose other than for purposes of reaching a decision whether to invest with and/or through PledgX.
15. Limitation of Liability; Disclaimers. PledgX cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose and if you choose to rely on such information, you do so at your own risk. In addition, PledgX cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. PledgX does not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. PledgX does not guarantee any specific level of availability of the Site or Services. PledgX will not be liable because of Site or Services unavailability or interruptions.
PledgX does not endorse or recommend the services of any advertiser. If you choose to patronize any of our advertisers, you do so at your own risk.PledgX may alter or remove materials from this Site at any time.
THE SITE AND RELATED SERVICES ARE OFFERED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, PLEDGX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION POSTED ON OR SERVICES OBTAINED THROUGH THIS SITE. IN NO EVENT WILL PLEDGX, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE OR UNAVAILABILITY OR MALFUNCTION OF THE SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER INDIRECT DAMAGES, OR LOSS OF INCOME, REVENUE, BUSINESS OR PROFITS. IF THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, LIABILITY OF PLEDGX IN CONNECTION WITH THE SITE, USE THEREOF OR INFORMATION APPEARING THEREIN OR ANY OTHER MATTER IS LIMITED TO CAD $500. BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK RELATING TO THIS SITE AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
PledgX and the Site are not responsible for any loss caused by unauthorized use of any method of payment used in connection with the Site. Any attempt to defraud the Site or failure to honor legitimate charges or other commitments may in our discretion result in termination of your account, voiding of prior transactions, criminal and civil prosecution and any other remedy we choose to apply.
You will indemnify and hold harmless PledgX, its affiliates, and any of their respective officers, directors, and employees, from and against all damages, judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with your use of this Site or breach of this Agreement.
16. Revision and Update of Terms. PledgX may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site.
17. Survival, Waiver. The Terms shall survive any termination of your account or any termination of this agreement. Failure to insist on compliance with the Terms shall not constitute a waiver thereof.
18. Entire Agreement. These terms constitute the entire agreement between PledgX and you with respect to the Site and may be modified only pursuant to written agreement signed by an authorized PledgX representative.
19. Governing Laws; Jurisdiction. The Terms are governed and interpreted pursuant to the laws of Ontario, Canada, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. You hereby consent to the jurisdiction of the qualified courts operating in the Province of Ontario.
20. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be deemed modified so that it is an enforceable provision that most closely approximates the parties' intent.
21. How to Contact Us. If you have any questions about our practices or these Terms, please contact us at info@PledgX.com .