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These Terms of Use tell you the terms on which you may use public portions of our websites, including www.texturacorp.com and its affiliated sites (collectively “Sites”), whether as a guest or a registered user of our services (“Registered User”). Use of our Sites includes accessing or browsing our Sites.

The terms and conditions for use of non-public portions and subscription services of our Sites are governed by agreements with our customers or subscribers (“Customer Agreements”). Those Customer Agreements will prevail over these Terms of Use in the event of any conflict. In addition, certain of our affiliated Sites, including, for example, www.textura-europe.com, have separate terms of use, which also will prevail over these Terms of Use in the event of any conflict.

Please read these Terms of Use carefully before you use our Sites. We recommend that you print a copy for future reference.

By using any of our Sites, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Sites.

Privacy policy

The terms on which we process any personal data we collect from you, or that you provide to us, are set out in our Privacy Policy. By using our Sites, you consent to such processing and you warrant that all data provided by you is accurate. As with these Terms of Use, certain of our affiliated Sites have separate privacy policies, which will prevail in the event of any conflict. 

Changes to these terms

We may revise these Terms of Use at any time by amending this page. 

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Accessing our sites

We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. The availability of our Sites may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Textura is not responsible for any delays, delivery failures, or other damage resulting from such problems. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access our Sites. 

You are also responsible for ensuring that all persons who access our Sites through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your account and password

Subject to the terms of our Customer Agreements:

  • Where we have given you (or where you have chosen) a username and password that allows you to access certain parts of our Sites (for example, our Site for our CPM® Solution), you are responsible for keeping this information confidential. We ask that you not share with anyone the use of your account (by sharing your username and password or by any other means);
  • We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or Textura’s security policies.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at customerservice@texturacorp.com

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it (other than materials specified as belonging to Registered Users or others under our Customer Agreements). Those works that we own or license on our Sites are protected by copyright laws and treaties around the world and by other intellectual property rights. All such rights are reserved. A list of our issued patents is provided in our Intellectual Property Notice.

You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use so long as that use is not competitive with or derogatory to Textura. This limited consent may be revoked at any time and does not include consent to republish any content from our Sites in any way, including on any Internet, Intranet, or Extranet website, or to incorporate the content in any other database or compilation. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
You must not use any part of the content on our Sites for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible though the Sites may be used by you solely for accessing and using the Sites for purposes expressly stated on the Sites, provided that such uses are not competitive with or derogatory to Textura. We retain full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

No reliance on information

The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that our Sites, or any content on them, are accurate, complete or up to date. Except as required by law, Textura disclaims any duty to update the information included on the Sites. All information on the Sites is subject to change without notice.

Investor content

Investor information included on our Sites should only be considered current as of the day it was posted or the day it was originally released (for example, the date of a press release). 

Our Sites include forward-looking statements, including statements regarding Textura's future financial performance, market growth, demand for Textura's solutions, and general business conditions. Any forward-looking statements contained on our Sites are based upon Textura's historical performance and its then-current expectations and projections about future events and financial trends affecting the financial condition of its business. These forward-looking statements should not be read as a guarantee of future performance or results, and will not necessarily be accurate indications of the times at, or by, which such performance or results will be achieved. These forward-looking statements are based on information available to Textura as of the date such forward-looking statement was posted to a Site or originally released (for example, the date of a press release), and are subject to risks and uncertainties that could cause actual performance or results to differ materially from those expressed in or suggested by the forward-looking statements. Important factors that could cause such differences are included under the heading "Risk Factors" in our last Annual Report on Form10-K and our other reports filed with the SEC.  Forward-looking statements speak only as of the date such forward-looking statement was posted to a Site or originally released and we assume no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable laws. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.

User comments, feedback and submissions

All comments, feedback, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to Textura on or by the Sites or otherwise disclosed, submitted, conveyed or offered in connection with your use of the Sites (collectively “Comments”) shall be and remain Textura’s property.  Such disclosure, submission, conveyance or offer of any Comments shall constitute an assignment to Textura of all worldwide right, title and interest in all copyrights and other intellectual property in or disclosed by the Comments.  Thus, Textura will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

Textura is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to compensate you for any Comments; or (c) to respond to any Comments. You agree that no Comments or other submission by you to the Sites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission by you to the Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Disclaimer of warranties

NONE OF TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR REPRESENTATIVES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITES, THIRD PARTY SOFTWARE, SUPPORT SERVICES OR THIRD PARTY SERVICES.   WITHOUT LIMITING THE FOREGOING, TEXTURA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (a) THE USE OF THE SITES, THIRD PARTY SOFTWARE, SUPPORT SERVICES OR THIRD PARTY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (b) THE SITES, SUPPORT SERVICES, THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) ANY STORED DATA, INCLUDING, WITHOUT LIMITATION, USER DATA, WILL BE ACCURATE OR RELIABLE; (e) ERRORS OR DEFECTS WILL BE CORRECTED; OR (f) THE SITES, THIRD PARTY SERVICES, THIRD PARTY SOFTWARE OR THE SERVER(S) THAT MAKE ANY SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTURA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, NON-INFRINGEMENT, OR TITLE. 

Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you. 

Limitation of liability

IN NO EVENT SHALL TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITES AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SITES.

NONE OF TEXTURA, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY WHATSOEVER FOR OR IN CONNECTION WITH THE ACTIONS OR OMISSIONS OF ANY USER IN THEIR USE OF THE SITES, OR THEIR FAILURE TO COMPLY WITH APPLICABLE LAWS.

You specifically acknowledge and agree that Textura is not liable for any defamatory, offensive or illegal conduct of any user of the Sites.

If you are dissatisfied with the Sites or any materials contained on the Sites, or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Sites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the agreements between us governing those products or services.

Local laws and export control

If you use the Sites from outside the United States, you are solely responsible to comply with all applicable laws, including, without limitation, export and import regulations of other countries.  Any diversion of any content from our Sites contrary to United States law is prohibited.  None of the content from our Sites, nor any information acquired through the use of the Sites, may be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the Unites States government.

Viruses

You must not misuse our Sites by knowingly introducing viruses or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the servers on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. We will report any misuse of our Sites to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

In the event of such misuse, your right to use our Sites will cease immediately.  Where you are (or act on behalf of) a Registered User, such misuse may also breach the terms of our agreements with the Registered User.

Linking to our sites

You may link to our home page, www.texturacorp.com, provided you do so in a way that is fair and legal and does not damage or attack our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites on any website that is not owned by you.

Our Sites must not be framed (displayed within a “frame”) on any other website and you may not create a link to any part of our Sites other than the home page.

We reserve the right to withdraw linking permission without notice in our sole discretion.
If you wish to make any use of content on our Sites other than that set out above, please contact customerservice@texturacorp.com.

Third party links and resources on our sites

Where our Sites contain links to other websites and resources provided by third parties, these links are provided for your information only. 

We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Choice of law and forum

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without giving effect to any principles of conflicts of law.  You agree that any claims or disputes related in any way to your use of the Sites must be resolved in the state courts located in Lake County, Illinois or the United States District Court for the Northern District of Illinois.  You consent to the jurisdiction of those Courts and the State of Illinois for the purposes of litigating all such claims or disputes. 

Trademarks

Textura®, Textura & design, Textura Construction Collaboration Solutions & design, Textura Construction Payment Management & design, Textura Pre-Qualification Management & design, Textura Europe®, BidOrganizer®, GradeBeam®, GradeBeam.com®, GradeBeam.com Connect Communicate Construct & design, GreenGrade®, GreenGrade & design, Grid and Check Logo, Latista®, PlanSwift®,  Submittal Exchange®, and Submittal Exchange & design are registered trademarks of Textura Corporation in the United States and other jurisdictions.  CPM®, CPM-Enterprise™, CPM-Business™, Construction Payment Management™, Pre-Qualification Management™, PQM™, GreenGrade-LEED Management Software™ are also trademarks of Textura Corporation.

Severability and waiver

If any provision, or portion thereof, of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision or portion thereof shall be deemed severable from the remainder and shall not affect the validity and enforceability of any remaining provisions.  The failure of Textura to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Textura in writing.  Any waiver by Textura to enforce any right or provision of these Terms of Use shall not constitute a subsequent or future waiver of Textura’s rights to enforce these Terms of Use.

Contact us

To contact us, please email customerservice@texturacorp.com

Thank you for visiting our Sites. 

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