Terms of Use
These Terms were last updated March 20, 2023.
Scaffold Partners, LLC (“Scaffold Partners,” “we,” “us,” or “our”) owns and operates the Scaffold Partners website found at www.scaffoldpartners.com (the “Site”). These Terms of Use (these “Terms”) are entered into by Scaffold Partners and you as the visitor of the Site (“User,” “You,” “you”, or “your”). Our handling of any information collected or provided through use of the Site is governed by our Website Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS GOVERN USER’S USE OF THE SITE, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SITE OR SCAFFOLD PARTNERS TERMINATES USER’S RIGHT TO USE THE SITE. USER MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE SITE.
Scaffold Partners reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Site means that User agrees to any new or modified provisions of these Terms posted on the Site.
1. Access and Use of the Site
Subject to these Terms, Scaffold Partners grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Site for User’s personal use. The Site, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Site, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Scaffold Partners and its licensors, and are available to User solely for purposes of User’s use of and access to the Site in accordance with these Terms. The Content is owned by or licensed to Scaffold Partners and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Scaffold Partners and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
User’s rights under these Terms will terminate automatically without notice from Scaffold Partners if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Site. Scaffold Partners reserves the right to terminate User’s access to any or all aspects of the Site or to discontinue any aspect of the Site at any time for any reason whatsoever without notice to User.
2. Restrictions
User may only use the Site for lawful purposes. User agrees that User will not: (a) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Scaffold Partners or any third party; (b) abuse, defame, harass, or stalk any individual or other user of the Site; (c) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (d) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (e) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, Scaffold Partners, create or use a false identity, or attempt to use another user’s account; (f) attempt to obtain unauthorized access to the Site; (g) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Site without their express consent; (h) use any meta tags or any other hidden text utilizing the Scaffold Partners name, service marks, trademarks, or product or service names; (i) advertise, offer to sell, or sell any goods or services set forth in the Site or otherwise use the Site to solicit other users; (j) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (k) probe, scan, or test the vulnerability of the Site or any network connected thereto, or breach the security or authentication measures on the Site or any network connected thereto; (l) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Scaffold Partner’s systems or networks, or any systems or networks connected thereto; or (m) assist any third party in engaging in any activity prohibited by these Terms.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE OR THE SERVICES THEREON, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
3. Feedback
By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Scaffold Partners with respect to the Site or services as may be offered by Scaffold Partners (collectively, “Feedback”); you agree that such Feedback shall be deemed, and shall remain, Scaffold Partners’ property. Feedback shall not be subject to any obligation of confidentiality on Scaffold Partners’ part and Scaffold Partners shall not be liable for any use or disclosure of any Feedback. Scaffold Partners shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
4. Compliance with Laws; Privacy
Scaffold Partners will treat any information it collects or receives from User through the Site in accordance with its Website Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Website Privacy Policy before using the Site. If User is unwilling to accept the terms and conditions of the Website Privacy Policy, User should not use the Site.
5. Disclaimers
USER AGREES THAT USER’S USE OF THE SITE SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCAFFOLD PARTNERS, ITS SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. THE SITE AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCAFFOLD PARTNERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SITE OR CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SCAFFOLD PARTNERS OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM THE SITE, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER SCAFFOLD PARTNERS NOR ANY OF ITS SUPPLIERS WARRANT THAT (1) THE SITE OR CONTENT WILL MEET USER’S REQUIREMENTS, (2) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
User’s reliance upon any Content or information obtained or used by User through the Site is solely at User’s own risk. Scaffold Partners is not responsible for the accuracy of any information or Content provided or sent by User or other users of the Site. User is responsible for verifying the accuracy of any information or Content User sends or receives through the Site. Scaffold Partners is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages, or entries, or the security of any such communications.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
6. Limitation of Liability
IN NO EVENT SHALL SCAFFOLD PARTNERS, ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN THE SITE OR CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE, (D) ANY TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCAFFOLD PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND SCAFFOLD PARTNERS, OR ONE OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO SCAFFOLD PARTNERS (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Site, these Terms, or User’s use of Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
7. Indemnity
User agrees to defend, indemnify, and hold Scaffold Partners, its licensors, and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Site, and User covenants not to sue Scaffold Partners for any injuries to User or User’s property arising out of or related to User use of the Site.
8. Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Any claim or dispute between User and Scaffold Partners that relates to or arises in whole or in part from these Terms shall be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Hartford County, Connecticut, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the exclusive jurisdiction of the state or federal courts located in Hartford County, Connecticut, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (iv) to enforce Scaffold Partners’ intellectual property rights under these Terms, and (b) for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Hartford County, Connecticut.
9. Miscellaneous
Scaffold Partners may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Scaffold Partners, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Scaffold Partners’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Scaffold Partners, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Scaffold Partners.
10. Contact Information
If User has any questions about these Terms, Scaffold Partners’ practices, or User’s dealings with the Site, please contact us at:
Phone: 860-748-5936