Terms of Use

Last Updated: January 11, 2024

Welcome to www.JobsiteShield.com (the “Site”), owned and operated by WebWorx Incorporated. (“Jobsite Shield, WebWorx Incorporated”) a Michigan Corporation. By using the Site in anyway, including any service made available at the Site, you are agreeing to comply with and to be bound by these Terms of Use and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively, “Terms”). Please review these Terms carefully before using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site. The terms “you,” “your,” and “yours” refer to you, the user of the Site. The terms “Jobsite Shield,” “WebWorx,” “WebWorx Incorporated,” “we,” “us,” and “our” refer to Jobsite Shield.

Access to the Site; Account Registration
We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).

Changes to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Limited License
Subject to these Terms, Jobsite Shield grants you a limited, revocable license to access and use the Site solely to support your use of Jobsite Shield products and services within your organization as intended by Jobsite Shield. No other use of the Site is authorized.

Software License
Your use of any software you download from the Site is governed by the separate license terms accompanying or referenced in that software or download.

Restrictions
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

Ownership
We or our affiliates or licensors, or applicable third parties, retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Jobsite Shield or such third party which may own the Mark.

Mobile Text Summary Terms & Conditions
You will receive a certain number of messages per month based on the campaign you are opted-in to. Message & Data Rates May Apply.  The Site, Jobsite Shield and Wireless carriers are not liable for delayed or undelivered messages. For help in the US, text “HELP” to the number you received messages from. You may also email support@jobsiteshield.com. You may stop receiving mobile messages at any time by texting the word “STOP” to the number you received messages from in the US. You can also call to unsubscribe by dialing 1-586-250-0403.  Terms on this page apply to subscribers who sign up for distribution lists managed by users of the Site service.

Information Collection
Your contact information (belonging to you, the subscriber) is collected by a Jobsite Shield on an opt-in basis and can be collected in different ways:

  • Jobsite Shield can collect your first name, last name, phone number, email address and other custom data when you willingly subscribe to and supply that information on the Jobsite Shield sign-up page or other 3rd party form. A verification message will be sent to the email address and/or mobile phone number that you have provided. You must verify each piece of contact information to begin receiving messages via the listed communication channels. If you do not verify the contact information you have provided on the OSP, you will not receive messages from that channel.

NOTE: Message and data rates may apply.

  • Jobsite Shield can also collect your mobile number when you text their mobile keyword to the code or number they have registered with Jobsite Shield. Certain SMS text features enable the collection of names, email address, or other customized information by asking you to reply via SMS texts with specific information.

NOTE: Message and data rates may apply.

  • Jobsite Shield may have previously collected your contact information on an opt-in basis outside of the Jobsite Shield system. Users are able to import your information into the Jobsite Shield system, but must sign a certification validating that your contact information was collected with your express permission and that you have consented to receive messages from the user.

Process to Unsubscribe from Jobsite Shield
All subscribers have the ability to unsubscribe at any time. To unsubscribe for:

  • Email: Click the ‘Unsubscribe’ link located at the bottom of each email.
  • Mobile Text from Short Code: Text “STOP” to the number that you do not wish to receive messages from. If you wish to re-opt-in, simply text the keyword again to the short code. Message and data rates may apply.
  • Mobile Text from Toll Free Numbers: Text “STOP” to the number that you do not wish to receive messages from. If you wish to re-opt-in, text “UNSTOP” first, followed by the keyword to the toll-free number. Message and data rates may apply.

You may also call Jobsite Shield at 1-586-250-0403 to unsubscribe at any time.

If you believe that your contact information was collected by a Jobsite Shield without your consent and would like to report spam, please call 1-586-250-0403.

NOTE: The Jobsite Shield service is not intended for children under 13, and Jobsite Shield does not knowingly collect information from children under the age of 13. Some Jobsite Shield users may classify and rate their message content for recipients who are 13 years of age or older. Please observe content rating for intended audience before you sign up for any distribution list or mobile keyword.

Privacy Policy
Our Privacy Policy (available at https://jobsiteshield.com/privacy-policy/) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of personal information, including registration and other information about you that we collect through the Site.

Your Privacy
Jobsite Shield may use or disclose information about you, including your personal information, under the following circumstances:

  • To provide you with products and services you request.
  • To anticipate and resolve problems and conflicts with our products and services.
  • For verification and authentication purposes in regards to requests or changes of any personal information or related data.
  • For other purposes communicated to you at the time you provide or authorize the use of your information.
  • To enforce our Terms of Use and Privacy Policy or other legal agreements.
  • To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To share with a company controlled by, or under common control with Jobsite Shield for any purpose permitted by our Terms of Use and Privacy Policy.
  • When Jobsite Shield believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
  • In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of Jobsite Shield.

 

Links and Third-Party Content
The Site may contain links to third party products, services, and websites. We exercise no control over any third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms, including the Privacy Policy, will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.

Promotions
From time to time, we may offer promotions to Site visitors or registered Site users. To be eligible for a promotion, you must, for the duration of the promotion, reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Jobsite Shield and our designees, which are final in all matters relating to any promotion. Any awards provided by us or our sponsors or partners are at our sole discretion. We and our designees reserve the right to disqualify any entrant or winner in our absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of each winner.

Feedback
Jobsite Shield may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.

Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOBSITE SHIELD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOBSITE SHIELD OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability
JOBSITE SHIELD WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOBSITE SHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL JOBSITE SHIELD’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE JOBSITE SHIELD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity
You will indemnify and hold Jobsite Shield, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.

Legal Notices
These Terms will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. You submit to the jurisdiction of the federal or state courts of or located in San Mateo County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of in Santa Mateo County, California. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.

Contacting Jobsite Shield
If you have any questions or concerns about the Site or these Terms, please send us a thorough description by email to legal@JobsiteShield.com.