Construex banner

CONSTRUEX TERMS OF USE

Construex is the largest construction platform in Latin America, a leader in the procurement of construction materials.

Highlights:

You must read these Terms and Conditions of Use (the "Terms and Conditions," "Conditions," or "Agreement") in their entirety, but here are some key points you should pay special attention to.

GENERAL TERMS AND CONDITIONS - LEGAL NOTICE

These Terms and Conditions establish the binding legal agreement between you and Construex Inc. and its subsidiaries (hereinafter "Construex" and/or "Construex Entities"). These Conditions govern the use of and apply to the online virtual exhibition services (hereinafter the "Services") provided by construex.com regarding the virtual exhibition platform for construction, architecture, and design, accessible at the URL construex.com (hereinafter the "Website"), its subdomains (hereinafter the "Subdomains"), all related websites, mobile applications, products, software, services, programs, and networks offered by Construex, including our plug-ins, embedding tools, and browser extensions (collectively, the "Construex Platform"). This Website and its Subdomains are owned by Construex Inc. ("Construex"), a company incorporated under the laws of the United States of America.

Access to the Construex Platform and the Website; creating an account on the Website to exhibit lawful products or services on the Website; claiming a profile and using it, implies unconditional acceptance of the following Terms and Conditions. This constitutes a legally binding contract between you and Construex.

We recommend that you carefully review these Conditions. By accessing or using the Construex Platform in any way, including browsing construex.com or other related websites, you agree to these Conditions. Other agreements and policies listed below also apply to your use of the Construex Platform. If you do not agree with any of the agreements and/or policies, you may not use the Construex Platform.

Acceptance of these Terms and Conditions is entire, complete, and indivisible. Users may not opt for partial application, or apply any type of restriction or reservation to these Terms. It is important that you carefully read and understand the conditions described in these Terms and Conditions, since, by using the Website, you will be subject to what is stipulated here. In the event that Users do not accept these conditions, they must not use the Website or the Construex Platform. Likewise, if at any time Users do not agree, in whole or in part, with these Terms and Conditions, they must immediately refrain from using the Website.

These Terms and Conditions provide you with crucial information regarding your content obligations, our limitation of liability, and your consent to resolve any dispute through individual arbitration.

These Terms and Conditions will take effect and be enforceable from the moment Users first access the Website, create exhibitor accounts, claim exhibitor accounts, or submit any type of information to the Website or Construex Platform and will remain in force while Users use the Website or the Construex Platform.

  1. Users

    2. The following agreements and policies apply to all users of the Construex Platform:

    • Terms of Use: these Conditions govern your use of each and every aspect of the Construex Platform.

    • Privacy Policy and Cookie Policy: our privacy policy details our privacy practices. By using the Construex Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on Construex or are simply browsing the Construex Platform. The Cookie Policy also applies to the use of cookies and similar technologies.

    • Acceptable Use Policy: By using the Construex Platform you agree to comply with common standards of good conduct and to act in accordance with the law, as further described in our acceptable use policy.

    There are two types of users: Exhibitors and Visitors.

    Exhibitors

    Natural or legal persons who create or claim an account to exhibit construction, architecture, or design products or services on the Website (hereinafter the "Exhibitors") must complete the account information (hereinafter the "Exhibitor Account") by registering the following personal data, essential for the proper functioning of the Website: first name, last name, landline phone, mobile phone, email, profile type, country, province, canton or state, city, company name, and company website.

    Exhibitors agree to: (a) provide accurate and up-to-date information about their natural or legal person and (b) keep it updated to ensure they always have current, accurate, and complete information. Exhibitors are solely responsible for the truthfulness and accuracy of the information and images of products and services uploaded to the Website, in the virtual display shelves (hereinafter the "Virtual Shelves"). Exhibitors commit to making available real, lawful, legitimate content whose commercialization is permitted and complies with the law and good customs. Likewise, Exhibitors agree to use the Website and its services in compliance with applicable law and public order.

    By accepting these Terms and Conditions, you are also accepting the policies and provisions to access the orders, requests, or quotations you receive in Construex, the number of which will depend on the plan you have chosen or are using. You may access a greater number by upgrading to a higher plan. Construex does not guarantee anything regarding the number or content of orders, requests, or quotations you may receive.

    The Website maintains a very strict policy regarding the products and services that may be displayed on the Website. All products and services exhibited must comply with all applicable laws and regulations, these Terms and Conditions, and all laws applicable to the territory in which the products and services are displayed. Therefore, by way of example, not exhaustive, the exhibition of the following products on the Website is prohibited: (i) stolen or counterfeit products; (ii) used products, except for vintage or antique items; (iii) defective or recalled products; (iv) weapons; (v) products with the name or brand of a company, designer, or artist in their title or description, if such products were created illegally or without the express authorization of the company, designer, or artist; (vi) products that infringe copyrights, trademarks, or other intellectual or personal property rights of third parties; (vii) products made with ivory or endangered species; (viii) products with offensive, violent, obscene, cruel, or inappropriate content in the names, descriptions, logos, or images of such products. Among others: blasphemy or symbols representing blasphemy, pornographic or sexually violent or explicit content, support, representation, or glorification of illegal activities; support, representation, or glorification of violence towards others or oneself; support, representation, or glorification of hatred, intolerance, violence, or mockery towards a group of people or support of organizations that encourage such attitudes; support or glorification of animal cruelty.

    If Exhibitors present products or services in the Virtual Shelves that violate the provisions here, the Website may immediately remove their Virtual Shelf and cancel their User Account.

    Regarding photographic content uploaded by Exhibitors, by publishing or providing products or services, Exhibitors declare and guarantee to the Website and to Construex that they have the right to use and allow the Website to use such images. In the case of publishing or providing a photograph that includes the image of individuals, they must first obtain the permission or authorization of those individuals (or, as applicable, their guardian) to use their image and allow the Website to use it.

    Likewise, you must be the owner or licensee of the copyright of such a photograph, in addition to having the right to authorize us to use it. In the case of publishing or providing a photograph of a pictorial, graphic, sculptural, or architectural work protected by copyright, you must first obtain the permission or authorization of the copyright holder of such work in order to reproduce or adapt it and allow us to use it in the Virtual Shelves.

    Misuse of the Information, Services, or the Website may result in cancellation of access and navigation on the Website and/or may entail civil or criminal liability under applicable law.

    The Website, its administrators, the owners of the Website, and Construex shall in no case be liable for inaccurate, false, erroneous, or fraudulent information provided by Exhibitors in the Virtual Shelves, nor for the damages such information may cause to Visitors or third parties. That is, neither Construex nor the Website guarantee the accuracy and truthfulness of the content of Exhibitors' products and services, nor will they be liable for them or the damages they may cause to third parties.

    Creating an Exhibitor Account implies authorization for Construex to conduct analysis and studies based on this information and to transfer it under any title, at any time. Exhibitors may object to the use of such information, in which case they must send a formal letter informing of this objection, which will only be deemed received by the Website once an acknowledgment of receipt has been issued.

    After the termination of the use of the Construex Platform, certain provisions of this Agreement will survive termination. In addition, when you cancel your Construex account or service, or delete specific parts of your content, Construex will make reasonable efforts to make your content inaccessible and de-identify your associated personal information, unless the law requires us to retain such data. However, you acknowledge and agree that: (a) deleted content may persist in caches or backups for a reasonable period of time; and (b) copies or references to your content may not be completely removed due to the license rights you granted to Construex and the distributive nature of content on the Construex Platform.

    Exhibitors’ Content

    This section describes the rights to the content you provide to Construex and to our users.

    • Definition of your Content: The Construex Platform allows you to publish, upload, or otherwise submit materials, including, without limitation, descriptions, profile images, messages, comments, proposals, proformas, invoices, to-do lists, notes, schedules, time tracking and tasks, boards, and/or extracted pages. All materials you post on the Construex Platform or provide to Construex will be collectively referred to as "Your Content".

    • License and permission to use Your Content: You hereby grant us and our affiliates, licensees, and sublicensees, without compensation to you or others, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, fully paid license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute Your Content, or any part thereof, worldwide in any format, medium, or distribution method (whether known now or developed in the future) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including upon termination of any applicable Construex program or service, to the maximum extent permitted by law. Furthermore, to the extent permitted by applicable law, you waive, release, and agree not to assert any moral rights you may have in Your Content. If you are identified by name or provide an image or audio/video recording of yourself, you authorize us and our affiliates, licensees, and sublicensees, without compensation to you or others, to reproduce, print, publish, or distribute in any format or medium (whether known now or developed later) your name, voice, and likeness worldwide, and such permission will be perpetual and irrevocable, except as otherwise required by applicable law. You agree that we may use Your Content in any way we deem appropriate or necessary. You also agree to extend such licensing rights to Your Content to users of the Construex Platform solely for the purpose of using, interacting, and operating within the Construex Platform, which also includes the use of the embedding tool.

    • Ownership: We declare and confirm that you or your licensors, as applicable, retain ownership of all copyrights in Your Content, subject to the non-exclusive rights granted to us in the previous paragraph, and that, under this Agreement, ownership of such copyrights is not transferred to us. Furthermore, with respect to Your Content in the form of photos, and subject to Construex’s product and user experience considerations: (i) we will use commercially reasonable efforts to maintain attribution of such photos submitted by you, and (ii) we will not license or sublicense individual photos or collections of photos to third parties, except for Construex’s commercial purposes (hereinafter the "Construex Commercial Purposes"). The term Construex Commercial Purposes denotes any use by Construex in connection with a Construex-branded or co-branded website, application, publication, or service, as well as any use that advertises, markets, or promotes the Construex Platform, Website, services, information, or our affiliates. Construex Commercial Purposes specifically include the use of Your Content on the Construex Platform in connection with features and functions offered by Construex to our users that allow them to view and interact with Your Content.

    • Your responsibilities regarding Your Content: By posting, uploading, or submitting Your Content on the Construex Platform, you represent and warrant to us that you own the rights, or have obtained all necessary licenses or permissions from any relevant party, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are responsible for ensuring that Your Content does not violate Construex’s Acceptable Use Policy, the Terms and Conditions, the Prohibited Products Policy, the Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other amounts owed to any person, individual, or entity as a result of Your Content.

    • Content limits and moderation: We reserve the right to remove Your Content, in whole or in part, for any reason (which may include a reported violation of our Acceptable Use Policy, Terms of Use, Copyright and Trademark Policy, Construex General Conditions, Prohibited Products Policy, or any Construex policy) without prior notice. We do not guarantee that we will publish or remove all of Your Content.

    • Use of automated or AI-enabled tools: Construex may, at its discretion, offer and/or implement integrations with certain automated tools through the Construex Platform. No warranty of any kind, either express or implied, is provided regarding the accuracy, reliability, or correctness of the results of these automated tools, including Construex’s own automated tools, and Construex specifically disclaims all warranties regarding such tools and results. For purposes of this section, "automated tools" means generative artificial intelligence ("AI") models from Construex or third parties, as well as any variations thereof.

    Visitors

    By merely connecting to the Website to visit the Virtual Shelves of Exhibitors and request orders, inquiries, or quotations, the internet user consulting the Website (hereinafter the "Visitor") accepts the following mandatory conditions from the Website:

    • Visitors declare that they understand and accept that the Virtual Shelves contain a general presentation of the products and services offered by the Exhibitors. Purchase and sale transactions of the products and services on the Virtual Shelves will take place between the Visitor and the Exhibitor, without the Website, its administrators, or Construex being a party to such transactions or liable for them.

    • Visitors declare that they understand and accept that they may not initiate any type of legal action against the Website or Construex in the event that the products or services in the Virtual Shelves are inaccurate.

    • Visitors must use the information available on the Website in compliance with applicable regulations. Visitors must refrain, with respect to the information they access, from collecting, indirectly using, or, in general, engaging in any act that may constitute an attack on the privacy or reputation of a third party.

    • Visitors are expressly prohibited from reproducing the content of the Website on any medium for collective or professional use, as well as internally within a company, by electronic means for dissemination through the corporate intranet or extranet.

    • The Website or its Subdomains may not, under any circumstances, be included or integrated into the pages of another website.

    • Violation of these provisions exposes the infringer to civil and criminal penalties under applicable law.

    Providers, Services, and Third-Party Content

    This section describes the rights to the content you provide to Construex and to our users.

    • Third-party content: The Construex Platform allows access to third-party content, products, and services that we do not control. We assume no responsibility for the products or services offered by third parties or the descriptions of the products or services offered by them. Participation or availability on the Construex Platform does not constitute approval or verification by us. We make no warranties or representations regarding the accuracy, completeness, or timeliness of any content posted on the Construex Platform by anyone.

    • Third-party sites: The Construex Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all responsibility for such use. The availability of such links does not imply any approval or endorsement by us.

  2. Data and Information

    3. Exhibitors and Visitors acknowledge that the collection and processing by the Website and Construex of personal data and information freely and voluntarily provided by Exhibitors and Visitors, such as personal information, images, and photos, are necessary to provide the virtual exhibition service.

    Construex collects, processes, transfers, and protects personal data about the Exhibitor Company and its members, in accordance with the terms of the Construex Privacy Policy and in compliance with all applicable data protection laws. By means of this document, the Exhibitor Company confirms that it has granted consent, when required, for Construex to collect, process, and transfer personal data of the members of the Exhibitor Company.

    Exhibitors expressly authorize the Website to use such information for communication and online advertising purposes, whether on social networks such as Facebook, Instagram, X (Twitter), LinkedIn, Pinterest, Google Plus, YouTube, TikTok, among others, or offline.

    Likewise, Exhibitors expressly authorize the Website and Construex to use and copy the photographs, videos, and content they publish on the Website, authorizing the free-of-charge use of such information and declaring that, in the case of images, they are the owners or have the corresponding authorizations to use them.

  3. Intellectual Property and Unauthorized Representation of the Website

    4. The Website, the general structure of the Site, the URL at which it is available, the corresponding domain name, the graphic identity of the Site, texts, animated or non-animated images, sounds included, trademarks, and logos of the Website (hereinafter the "Content") are the property of Construex.

    All documents, files, notes, correspondence, computer information, databases, software, and, in general, any type of information produced by or stored on any medium, whether tangible or intangible (hereinafter the "Intellectual Property"), are owned by Construex. Likewise, Construex is the exclusive and absolute owner of the copyrights and all other proprietary and moral rights over such Intellectual Property.

    Any full or partial representation of the Website or its Content, by any means, without the prior and express authorization of Construex, is unlawful. This prohibition also applies to the extraction and/or partial or total use of the databases that may exist on the Website, which are owned by Construex as producer. Similarly, any link directed to a page other than the main one requires authorization from Construex.

    Any full or partial reproduction of the Intellectual Property of the Website is subject to prior written authorization from Construex and the Website. Any reproduction, in whole or in part, of these trademarks and logos without prior and express authorization from their owners is prohibited.

    Acceptance of these Terms and Conditions implies the Users’ obligation not to reproduce any element of the Website without authorization.

    It is prohibited to insert into an Internet site or personal pages a hypertext link (hereinafter the "Link") directed toward the Website, unless there is prior and express authorization from the Website. Under no circumstances should the insertion of links be used in a context that could cause harm to the Website. In any case, the Website reserves the right to demand the removal of a Link on a third-party website.

    Links published on the Website to other resources on the Internet will not incur the Website’s liability with respect to their Content. The Website may offer links from its Website to other affiliated or non-affiliated sites. These sites are independent, and the Website does not edit or control such sites. Links to any site do not, under any circumstances, constitute approval or association between the Website and such sites. Therefore, the Website assumes no responsibility for their contents, products, advertising, or any element or service present on such sites. We remind you that affiliated or non-affiliated sites are subject to their own terms of use and personal data protection policies.

  4. Navigation Assistance and Cookies

    5. Users and Visitors are informed that for the proper functioning of the Website, cookies (hereinafter "Cookies") may be automatically installed in their browser. Cookies are small files stored on the disk that allow the Website to record information with each visit, thereby facilitating the tracking of a Visitor’s journey through the site. This technology ensures anonymity on Website pages that do not require authentication and can be disabled.

    These Cookies do not allow the Visitor to be identified but record information about the browsing activity of their computer on the Website (in particular, the pages visited, as well as the date and time of the visit), information to which the Website may have access during subsequent visits by the Visitor. The Website informs the Visitor that they can oppose the storage of cookies by configuring their computer according to the requirements of the Internet browser they use and, if support for this deactivation is required, they may contact the Website for assistance.

    The Website undertakes to make its best efforts to provide the service without interruption, except for interruptions due to maintenance, unforeseen events, or force majeure, and to correct any errors that may arise as soon as possible.

    The Website reserves the right to modify the Terms and Conditions, the functionalities of the Website, and the operating rules of the Construex Platform, which will comply with the law, ethical standards, and good practices.

    • Modify, in accordance with applicable law, the conditions of this Agreement;

    • Modify the Website, either by removing or discontinuing any type of Information, Service (as defined below), or function of the same, in part or in its entirety;

    • Deny or cancel the authorization to use or access the Website.

    Any modification made by us to the Terms and Conditions will become effective once such changes are available on the Website. You confirm that your continued use of the Website after such modifications will constitute your acceptance of them. If you do not agree with the modifications or updates made to the Website, you must stop using it. It is recommended that you review this page from time to time in order to familiarize yourself with the most up-to-date version of the Terms and Conditions.

    We reserve the right to modify or discontinue the Website or any of its sections, temporarily or permanently, at any time and without prior notice. In no event shall we be liable to you or third parties for any modification, suspension, or discontinuation of all or part of the Website.

    Payments on the Construex Platform

    • Invoice Payments: If you automatically subscribe to the Construex Platform, you authorize us and our third-party payment processor(s) to charge the payment method associated with your account. You agree to pay the full amount you approve, including taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit those amounts to us, and if you fail to do so, you authorize us and our third-party payment processor(s) to collect the amounts using any legal means, without prejudice to any other rights or remedies we may have under these Terms or by law.

    • Payment Method: Construex is entitled to store certain information about your payment methods. You must promptly update your payment method and related information (e.g., a change in your billing address or credit card expiration date) to keep it accurate and complete. We may update the information and continue charging your payment method even after it has expired or been updated, to fulfill transactions you have authorized.

    • Late Fees: If we are unable to collect amounts you owe, we may limit your use of the Services. You agree that we may collect such amounts owed using any legal means without prejudice to any other rights or remedies. In the event that Construex initiates legal action or a lawsuit to collect any amount owed, Construex will be entitled to recover its costs, including reasonable attorneys’ fees incurred in such collection. Any overdue amount will be subject to the maximum applicable and permitted legal interest rate in each country or territory.

    • Outstanding Balances: For any amount owed to Construex, Construex may (i) charge any credit card we have on file for the amount of any Outstanding Balance or (ii) send you an invoice for any Outstanding Balance.

    • Credit Card Disputes: If you are involved in a credit card dispute involving a payment made through or in connection with the Construex Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all relevant information regarding the dispute.

    • Promotional Discounts, Coupons, and Offers: From time to time, Construex may offer discounts or promotions. Promotions will be valid for a limited time and will expire on the date indicated.

    Disclaimer and Limitation of Liability

    WE RECOMMEND THAT YOU READ THIS CLAUSE CAREFULLY, AS IT LIMITS THE LIABILITY OF THE "CONSTRUEX ENTITIES" TO YOU.

    The "CONSTRUEX ENTITIES" means Construex Inc. and any subsidiary in any jurisdiction, affiliate, related company, providers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them. Each provision below applies to the maximum extent permitted by applicable law:

    • WE PROVIDE YOU WITH THE CONSTRUEX PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE CONSTRUEX ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, CONTINUOUS SERVICE AND ERROR-FREE OPERATION, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM USAGE OR TRADE PRACTICE.

    • THE CONSTRUEX ENTITIES MAKE NO PROMISES REGARDING, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD PARTY ON THE CONSTRUEX PLATFORM, (ii) PRODUCT OR PRODUCT DESCRIPTIONS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCTS OR SERVICES LISTED OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE, AND (v) THE USE OF CONSTRUEX TOOLS (INCLUDING AUTOMATED TOOLS), INCLUDING THEIR ACCURACY, COMPLETENESS, RELIABILITY, AND RESULTS.

    • YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONSTRUEX ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE CONSTRUEX ENTITIES SPECIFICALLY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, OR LOSS OF DATA (EVEN IF THE CONSTRUEX ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE CONSTRUEX PLATFORM OR CONSTRUEX PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE HUNDRED DOLLARS (USD $100). THE USE OF THE CONSTRUEX PLATFORM, CONSTRUEX PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

    Indemnification

    This section describes what happens if Construex receives a claim or demand related to your use of the Construex Platform, including your financial liability.

    In such cases, you agree to indemnify, defend, and hold harmless the Construex Entities and their directors, officers, employees, consultants, agents, and other representatives from any claim, damage, loss, cost (including reasonable attorneys’ fees), and other expenses arising directly or indirectly from: (a) your breach of any part of this Agreement, including, without limitation, the Acceptable Use Policy and the Prohibited Products Policy; (b) any allegation that any material you send or transmit to the Construex Platform, including your Content, infringes or otherwise violates the copyrights, patents, trademarks, trade secrets, or other intellectual property rights or other rights of third parties; (c) your use of and activities in connection with the Construex Platform or other websites linked to the Construex Platform; and/or (d) your negligent or willful conduct.

    Dispute Resolution and Governing Law

    This section describes Construex’s dispute resolution procedures. You irrevocably agree to notify us of any dispute with Construex and to attempt to resolve it first amicably and informally. If that does not work, the dispute will be decided through arbitration, not in court. EU residents may have different rights depending on the country in which they live.

    • Binding Arbitration: You and Construex agree that any dispute, claim, or controversy arising out of or related to this Agreement, the Terms and Conditions, our Privacy Policy, or your use of the Construex Platform (the "Disputes") will be resolved through binding arbitration in accordance with the dispute resolution provisions detailed in this section. This means that you and Construex agree to waive the right to a jury trial.

    • Exceptions to Arbitration: Each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Notwithstanding the foregoing, you may bring a claim against Construex in a “small claims” court instead of arbitration, but only if the claim is eligible under the small claims court’s rules and is brought individually, not collectively or representatively.

    • Mandatory Informal Dispute Resolution: If you have a dispute with Construex, before filing any claim in any forum, you agree to first send a detailed notice ("Notice") to Construex via email at info@constru-ex.com. Your Notice must contain: (i) your full name; (ii) your address, phone number, and email address associated with your Construex account; (iii) sufficient information for Construex to identify any transaction; (iv) a detailed description of your Dispute, the nature and basis of your claim(s), and, if you seek relief, your calculation and supporting documentation; and (v) your personal signature. Construex will provide you with equivalent notice if Construex has a dispute with you.

    • You and Construex agree to negotiate in good faith about the Dispute in an effort to resolve it amicably and quickly, without formal proceedings. Only if Construex requests it, you and Construex agree to meet and confer in person or via videoconference in a good faith effort to resolve any claim covered by this Agreement. For clarity, this conference must be individualized such that a separate conference must be held each time either party intends to initiate an individual arbitration; multiple people bringing claims may not participate in the same informal dispute resolution conference unless mutually agreed. If you are represented by an attorney, they may attend the conference, but you must also fully participate. This process should result in resolution of the Dispute, but if, for any reason, it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend the time, you or Construex may initiate arbitration. You and Construex agree that compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any arbitration claim. The statute of limitations and filing fee deadlines will apply while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator will not proceed with administration of any claim upon written notice from Construex that the other party has failed to comply with the informal process. A court shall have authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

    • Class Action Waiver: You and Construex agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Construex agree to waive the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, unless you and Construex agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class or representative proceeding.

    • Arbitration Administration and Rules: The arbitration will be administered by ADR Services, Inc. ("ADR Services") and will be subject to the most current version of ADR Services’ Arbitration Rules, available at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at (310) 201-0010. If ADR Services is unavailable to arbitrate, the parties will mutually select an alternative arbitration forum, and either party may invoke 9 U.S.C. § 5 to request that a court appoint an arbitration provider. To the extent there is a dispute as to which arbitration provider will administer the arbitration, only a court (and not an arbitrator or arbitration administrator) may resolve that dispute, and arbitration shall be stayed pending the court’s ruling.

    • Arbitration Process: A party wishing to initiate arbitration must provide the other party with a written Demand for Arbitration as specified by the ADR Services Rules available at https://www.adrservices.com/services-2/arbitration-rules. The Demand must describe the nature and basis of the claim and include all information required in the Notice. The arbitrator must be a retired judge or licensed attorney selected by the parties from a list of ADR Services arbitrators with appropriate experience. If the parties are unable to agree on an arbitrator within 7 business days of delivery of the Demand, ADR Services will appoint the arbitrator in accordance with the ADR Services Rules.

    • Arbitration Location and Procedure: Arbitration hearings will be conducted by videoconference by default unless you and Construex agree otherwise in writing. If arbitration is in person, the seat of arbitration will be San Francisco, California, unless you and Construex agree otherwise or the ADR Services Rules provide otherwise. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents you and Construex submit to the arbitrator, unless you request a hearing or the arbitrator determines a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the ADR Services Rules. Subject to the ADR Services Rules, the arbitrator will have discretion to direct a reasonable exchange of information between the parties, consistent with the expedited nature of arbitration.

    • Arbitrator’s Decision and Governing Law: The arbitrator will apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized by law. The arbitrator will issue an award within the time specified in the ADR Services Rules. The arbitration award may be entered in any court of competent jurisdiction. Any damages awarded by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section of these Terms of Use. The arbitrator may award injunctive or declaratory relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Arbitration will take place in English or Spanish.

    • Fees: Each party’s responsibility to pay arbitration filing, administrative, and arbitrator fees is set forth in the ADR Services Rules. Construex will consider reimbursing the portion of ADR Services fees allocated to the opposing party if financial hardship is demonstrated, but only if the opposing party is an individual consumer and not a professional or business. Either party may request that the arbitrator award attorneys’ fees and costs upon showing that the other party filed a claim, counterclaim, or defense that is factually or legally baseless, brought in bad faith or for harassment purposes, or frivolous, as permitted by applicable law and the ADR Services Rules.

    • Special Procedures for Mass Arbitrations: If, at any time, 30 or more similar arbitration demands are filed against Construex by the same attorney or coordinated entities ("Mass Filing"), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1 through 10 will be the "Initial Test Cases" and will proceed first to arbitration. Arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless claims are resolved earlier, the parties agree to extend the time, or the arbitrator extends the time. The parties will then have 90 days (the "Mediation Period") (which may be extended by agreement) to resolve the remaining cases in mediation based on the awards in the Initial Test Cases. If the parties cannot resolve the pending claims during that time, they may opt out of arbitration and go to court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are selected until your case is chosen as described above.

    • Opt-Out: You have the right to opt out of the arbitration provisions of Section 10 by sending written notice of your decision to opt out. The notice must be postmarked within 30 days of: (i) the date you first accepted the Terms; and (ii) the date you first became subject to any version of an arbitration provision in the Terms. The written notice must include all of the following: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you wish to opt out of the arbitration agreement in this Agreement.

    Governing Law and Jurisdiction: This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict of laws provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in San Francisco, California for any action for which the arbitration provision, as set forth in Section 10, does not apply.

    Disputes with Other Users: If you have a dispute with another user on the Construex Platform or with a third party, you agree that Construex is not obligated to get involved. In the event that you have a dispute with one or more users, you release Construex, our directors, officers, employees, agents, and successors from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or the Construex Platform. As part of this release, you expressly waive any protection (whether statutory or otherwise) that would otherwise limit this release to only those claims you may know or suspect to exist in your favor at the time of agreeing to this release.

  5. Miscellaneous

      6. 5.1. If any provision set forth in these Terms and Conditions is found unlawful, void, or deemed unwritten for any reason, it shall be excluded from the Terms and Conditions, but in no case shall it affect the validity and enforceability of the remaining provisions.

      5.2. The Website provides, along with its services, information about products and services, product descriptions, as well as content provided by third parties, based on its current state and availability, without any warranty of any kind, express or implied.

      5.3. Public company profiles may exist for businesses on our platform, based on publicly available information. The legal owner (or an authorized representative) may claim ownership of a profile to manage its information ("Claim the Profile") by demonstrating ownership of the profile. By claiming a profile, you represent and warrant that you are authorized to act on behalf of the business and agree to provide evidence of such authorization when requested. We may moderate, restrict, or remove content from a claimed profile and may suspend or revoke access if (a) authorization cannot be verified, (b) conflicting claims arise, or (c) our policies are violated. Creating or claiming a profile does not transfer ownership of any user content or our services. Unauthorized claiming is strictly prohibited.

    CONSTRUEX PRIVACY POLICY

    What is the Privacy Policy and what does it cover?

    The Construex Privacy Policy explains how we collect, use, and share your information. It also explains how long we retain it and how we protect it when transferring it. Additionally, the Privacy Policy informs you of your rights. In the different sections we include helpful examples, and we use simple language so that our practices are easily understood.

    This policy applies to what we call "Construex Products" or "Products." Our Products include the different Construex platforms in various countries.

    At Construex, we want you to understand what information we collect and how we use and share it. That’s why we recommend reading our Privacy Policy. This way, you can use Construex Products in the way that works best for you. Read the full policy below.

    What information do we collect?

    In this policy, we list the types of information we collect. Some of the most important are the following:

    • The information you provide when you register for our Products and create or claim a profile (for example, email address or phone number).

    • The actions you take on our Products (for example, where you click, what content you upload, your products and photos, and the messages you receive). If you exchange end-to-end encrypted messages through WhatsApp, we cannot read their content unless we receive user reports about them for review.

    • Who your visitors are and what actions they take on our Products. Information about the phone, computer, or tablet on which you use our Products (for example, what type of device it is and what version of the app you use).

    • Who your visitors are and what actions they take on our Products.

    • Information about the phone, computer, or tablet on which you use our Products (i.e., what type of device it is and what version of the app you use).

    • The information we collect and process about you depends on how you use our Products. For example, we collect certain information about you when you use our Products, even if you don’t have an account.

    We collect the following information:

    • Your activity and the information you provide.

    • Through our Products you may receive messages, upload photos, display and sell items, among other possibilities. We call “activity” all the actions you may take with our Products. We collect that activity and the information you provide, such as the following data:

    • Content you create.

    • Content you provide through photos uploaded to your profile.

    • Requests you receive, including their content, in accordance with applicable law.
      We cannot see the content of end-to-end encrypted messages sent via WhatsApp.

    • Metadata about content and messages, depending on applicable law.

    • Types of content, for example, ads you see or interact with and how you interact with them.

    • Applications and features you use, and the actions you take within them.

    • The time, frequency, and duration of the activities you perform on our Products.

    Visitors and other connections

    We collect information about visitors, followers, groups, accounts you connect and interact with. This includes how you interact with them across our different Products and which ones you interact with the most.

    Information we collect about visitors to your profile

    We will also collect information about visitors to your profile, such as their name, email address, or phone number. Even if you don’t use Construex Products, or do so without having an account, your information may still be collected.

    Information we collect or infer about you based on third-party activity

    We collect information about you based on the activity of other people. For example, when they send you a message/product request.

    Information from applications, browsers, and devices

    We collect and receive information from the different devices you use, as well as data about them and how you use them.

    The device information we collect and receive includes the following data:

    • The device, its characteristics, and the software it uses.

    • What you are doing on your device (for example, if our app is in the foreground or if the mouse is moving, which helps distinguish people from bots).

    • Identifiers that differentiate your device from those of other users, including family device identifiers.

    • Signals from your device.

    • Information you have shared with us through device settings.

    • Information about the network your device connects to and your connection, including your IP address. The IP address (or “Internet Protocol address”) is a unique number assigned to a device (such as a phone or computer) that allows it to communicate over the Internet. Numbers are assigned under protocols or standard rules.

    • Just as you need a postal address to receive a letter from a friend, your device needs an IP address to receive information on the Internet.

    • Some location-related data, even if location services are disabled. For example, we use IP addresses to calculate your general location.

    • Information about the performance of our Products on your device.

    • Information from cookies and similar technologies.

    Information we collect and receive if you use or interact with our Products without having an account

    Even if you don’t have an account, you can use Construex Products or interact with them. In such cases, we collect data such as the following:

    • Browser and app logs of your visits to Construex content.

    • Basic device information, such as the device model and operating system.

    We also receive information through cookies and similar technologies when you visit other websites and apps that use our business tools or other Construex Products. For example, we collect and receive information about the security of our Products, we collect data to monitor attempts to attack our systems, such as traffic overload on our servers. Additionally, if we detect that a person without an account is trying to load too many pages, they may be attempting to scrape data from our site, which violates our terms. If we detect this, we may take action to prevent it.

    We collect information on security and integrity, advertising, and performance. For example, we collect information when people use our Products, even without an account, to measure the loading speed of our pages in different countries and whether they are functioning correctly. This helps us detect and fix issues in local networks.

    Information you provide

    For example, when you create a Construex account you must provide certain information, such as a password, an email address, or a phone number. You may also add other details to the account.

    CANCELLATION AND EARLY TERMINATION POLICY FOR THE SUBSCRIPTION PLAN

    The Exhibitor may request the cancellation of the contracted annual subscription. The cancellation will take effect at the end of the current contracted annual period, provided it is requested at least 15 days prior to the automatic renewal date. Cancellation does not imply a full or partial refund of the unused period. In addition, cancellations requested less than 15 days prior to the renewal date will not apply to the following period, and the user will be responsible for the full payment of the newly billed cycle.

    Under no circumstances will the cancellation, modification, or annulment of already issued invoices be permitted, regardless of the date of the cancellation request or the actual use of the service. This provision applies without exceptions.

    There are no refunds for fees already paid.

    Early Termination Fee:

    In the event that the user requests effective cancellation before the end of the contracted annual period, an early termination fee equal to 100% of the remaining value of the contracted year will apply. This fee will be automatically charged to the registered payment method.

    Early termination does not exempt the customer from the payment of previously issued invoices, nor does it grant any right to refund or credit.

    During the term or validity of a subscription, downgrades or changes to plans with fewer features or reductions will be treated as early termination and will trigger the early termination fee.

    Non-payment, payment reversal, or chargeback may result in suspension or termination of access. Suspension does not stop the accumulation of fees.

    REFUND POLICY

    No refunds will be granted under any circumstances, except in the following exceptional cases: (i) Proven duplicate billing attributable to Construex; (ii) Service interruption attributable to Construex for a continuous period longer than 15 days, provided it was not caused by third parties, force majeure, or user breach. If eligible for one of these cases, the user must submit the corresponding request within 15 calendar days after the event. Requests submitted after this period will not be considered.

    AUTOMATIC RENEWAL NOTICE

    Your subscription plan will automatically renew at the end of each term at the current rates, unless canceled in accordance with these Terms and Conditions. We will send renewal reminders as required by applicable law.

    MODIFICATION OF TERMS

    • Changes: We reserve the right to: (i) change the conditions of this Agreement, in accordance with applicable law; (ii) change the Construex Platform, including the removal or discontinuation of any information, service (as defined below), or other features in whole or in part; and (iii) deny or cancel your Construex account, or the use of and access to the Construex Platform.

      If we make substantial changes to the Terms, we will notify you through the Construex Platform, by email, or by other means, to give you the opportunity to review the changes before they take effect. You freely, voluntarily, and unequivocally agree that your continued use of the Construex Platform, once such modifications have taken effect, will constitute your full acceptance of such modifications. You may discontinue the use of the Construex Platform if you do not agree with the modifications made to this Agreement. It is recommended that you check this page from time to time to familiarize yourself with the most current version of the Terms of Use. Any change to the Terms will be effective from that moment onward.

    • Assignment: No provision of this Agreement nor any right, obligation, or remedy hereunder may be assigned, transferred, delegated, or sublicensed by you, except with the prior written consent of Construex, and any attempt to assign, transfer, delegate, or sublicense shall be null and void. Construex may assign, sublicense, transfer, or delegate this Agreement or any right, obligation, or remedy hereunder at our sole discretion. In the event of an acquisition or sale of a particular line of business or service/offer by Construex, Construex may, at our sole discretion, sublicense Your Content to the acquiring or purchasing party who may use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute Your Content, or any part thereof, notwithstanding other provisions of this Agreement.

    • Waiver: The failure to enforce a right or provision under this Agreement shall not constitute a waiver by Construex Entities of such right or provision.

    • Headings: The headings, subtitles, or titles are introduced solely for convenience and in no way define or explain any section or provision of this Agreement.

    • Further Assurances: You agree to execute a printed copy of this Agreement and any other document, and to undertake any action at our expense that we may request to confirm and give effect to the subject matter of this Agreement and to any of your rights or obligations under this Agreement.

    • Entire Agreement and Severability: This Agreement supersedes all prior conditions, agreements, discussions, and writings related to the Construex Platform and constitutes the entire agreement between you and Construex with respect thereto. If any part of this Agreement is found to be unenforceable, that part shall not affect the enforceability of the remaining parts of the Agreement, which shall remain in full force and effect.

    • Survival: The following provisions will survive the expiration or termination of this Agreement: Section 3 (Your Content), Section 4 point (c) (Restrictions) and point (d) (Ownership), Section 8 (Disclaimers and Limitations of Liability), Section 9 (Indemnification), Section 10 (Dispute Resolution), and Section 12 (Miscellaneous).