Terms of Service
Last revised on March 30, 2026
Terms of Service & Use
Terms & Conditions Governing Your Use of the aQuiRe/aQuiRe Construction Academy software application ("Application").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SOFTWARE APPLICATION OR VENDOR SERVICES.
1. The Service
aQuiRe is a CaHill Tech ("Vendor") software application that primarily functions as an application service provider and allows users to access training videos in the area of construction for educational purposes.
By accessing or using the Application and the Vendor's Services, you hereby agree to comply with and be bound by the terms of use as detailed below.
2. Permissible Use of the Application
Vendor requires that all users must be at least 18 years of age. User agrees not to access or use the Application while under the influence of alcohol, drugs, or any other substance, or while afflicted by any physical and/or mental condition that would affect User's ability to safely engage in any physical activity referenced, identified, demonstrated, or described by the Application. User must not attempt to perform such activity without first consulting User's physician or a medical professional to determine if such activity is safe.
User agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations, and conventions in connection with its use of the Application including without limitation those related to data privacy, international communications, and the exportation of technical or personal data. User will ensure that any use of the Application by User is in accordance with this Agreement. User agrees that any registration information submitted to Vendor is true, accurate, and complete.
User agrees to notify Vendor immediately of any unauthorized use of any password or account or any other known or suspected breach of security or any known or suspected distribution of User data.
Any unauthorized use of the Application may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. The Application may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
User shall not use the Application:
(a) for any unlawful purpose;
(b) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality; or
(c) to transmit any material for the commercial purposes of publicity, promotion and/or advertising without our prior written consent of Vendor.
3. Account Creation, Maintenance, and Deletion
By creating a User account, User represents and warrants to Vendor that any information provided during the account creation process is true and correct to the best of User's knowledge.
User may delete his or her account at any time by notifying Vendor via email at info@cahillresources.com. Vendor reserves the right to suspend or terminate User's account and/or User's access to any of its Applications at its discretion for any reason whatsoever or in the event that User fails to comply with any portion of the Agreement herein.
3a. Text Message Communication
User agrees to provide Vendor with User's phone number and agrees to accept SMS text messages (or other electronic communications) from Vendor at the phone number User specifies. User further agrees the Vendor may provide any and all required notices, including legal notices, new user sign-up or sign-in information, and password reset information to User through SMS text messages, e-mail (or other electronic transmission), or by mail at Vendor's sole discretion.
All Users that provide Vendor a valid 10-digit US-based phone number will receive messages regarding account activity via SMS text message. Users can opt to receive account activity notifications via email by providing Vendor with a valid email address in lieu of phone number. See Privacy Policy for additional information.
3b. Text Message Opt Out
Users can use keywords: optout, cancel, end, quit, unsubscribe, revoke, stop, stopall to receive the following unsubscribe message: "You have successfully been unsubscribed. You will not receive any more messages from this number. Reply START to resubscribe."
3c. Message Opt-In
Users can use keywords: start, yes, unstop, subscribe to receive the following subscription message: "You have successfully been re-subscribed to messages from this number. Reply HELP for help. Reply STOP to unsubscribe. Msg&Data Rates May Apply."
3d. Message Help
Users can use keywords: help, info to receive the following help message: "For help regarding your aQuiRe account, email info@cahillresources.com. Reply STOP to unsubscribe. Msg&Data Rates May Apply."
3e. Message Frequency
Message frequency varies. Carriers are not liable for delayed or undelivered messages.
4. Content
Vendor does not guarantee the accuracy, reliability, integrity, or quality of the content of the Application or content contained in the Application. Vendor similarly does not guarantee content's compliance with local, state, or federal regulations, statutes, or guidance documents, industry standards and best practices, manufacturer guidelines, manufacturer-recommended maintenance, medical advice, or any other resource. Vendor requires that User consult the above-referenced sources, as well any other relevant source, before engaging in any activity referenced, identified, demonstrated or described by the Application. To the extent that any machinery or equipment referenced, identified, demonstrated, or described by the Application differs in any way from the machinery or equipment User utilizes, the Application and its content will not be relevant or accurate. This Application should not be used in connection with any machinery or equipment which has been modified or differs in any way from those shown in the Application.
Application content is provided to Users purely for informational and educational purposes. Under no circumstances will Vendor be liable in any way for any damages or injuries incurred as a result of User accessing or relying on any content posted or otherwise transmitted via the Application.
5. Email and Notices
User agrees to provide Vendor with User's e-mail address(es) and agrees to accept emails (or other electronic communications) from Vendor at the e-mail address User specifies. User further agrees the Vendor may provide any and all required notices, including legal notices, to User through either e-mail (or other electronic transmission) or by mail in Vendor's sole discretion.
6. Application Extensions or Updates
User further agrees that, unless explicitly stated otherwise, any new features that augment or enhance the Application, and or any new service subsequently purchased by User pursuant to an amendment accepted by Vendor referencing this Agreement, will be subject to this Agreement.
7. Passwords, Access, and Notification
User acknowledges and agrees that User is prohibited from sharing passwords and/or user names with unauthorized users. User will be responsible for the confidentiality and use of User's (including its employees) passwords and user names. User will also be responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, User data, and all other data of any kind contained within emails or otherwise entered electronically through the Application or under User's account.
Vendor will act as though any electronic communications it receives under User's passwords, User name, and/or account number will have been sent by User. User agrees to notify Vendor if User becomes aware of any loss or theft or unauthorized use of any of User's passwords, user names, and/or account number.
8. Data Collection
Vendor will only collect data necessary to fulfill its duties as outlined in this Agreement. Data includes all Personally Identifiable Information (PII) and other non-public information. Data includes, but is not limited to, User data and metadata.
Personally identifiable information is required to uniquely identify users in the Application and to provide personalized notifications. Personally identifiable information minimally includes a User's name and e-mail address to provide support and/or notifications.
In the process of using the services, users may provide additional personal information. Vendor is not responsible for any additional information Users may provide through their use of the Application. It is the User's responsibility to be aware of what they are sharing and with whom they are sharing it.
Vendor will not share, sell, rent or trade any of the data it collects with anyone beyond what is outlined in its Privacy Policy. Vendor may use de-identified data for product development, research, or other internal purposes. De-identified data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, demographic information, and location information. Furthermore, Vendor agrees not to attempt to re-identify de-identified data and not to transfer de-identified data to any party unless that party agrees not to attempt re-identification.
User understands that Vendor relies on third-parties to perform certain services under this Agreement. Vendor also reserves the right to disclose a User's personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
9. User Support
Vendor will make commercially reasonable efforts to promote User's successful utilization of the Service, including but not limited to product maintenance and User support.
10. Limitation of Liability
TO THE FULLEST EXTENT ALLOWABLE BY LAW, VENDOR'S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE USER PAID DIRECTLY TO VENDOR SPECIFICALLY TO ACCESS AND USE THE APPLICATION.
11. Indemnification
TO THE EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES TO INDEMNIFY AND HOLD HARMLESS VENDOR, AND UPON VENDOR'S REQUEST, DEFEND VENDOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS (EACH A 'VENDOR INDEMNIFIED PARTY') FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS, (COLLECTIVELY, 'LOSSES') INCURRED BY A VENDOR INDEMNIFIED PARTY AND ARISING FROM OR RELATED TO 1) USER'S BREACH OF ANY CERTIFICATION, COVENANT, OBLIGATION, REPRESENTATION OR WARRANTY MADE IN THIS AGREEMENT; OR 2) USER'S USE OF THE APPLICATION. IN NO EVENT MAY USER ENTER INTO ANY SETTLEMENT OR LIKE AGREEMENT WITH A THIRD PARTY THAT AFFECTS VENDOR'S RIGHTS OR BINDS VENDOR IN ANY WAY, WITHOUT THE PRIOR WRITTEN CONSENT OF VENDOR.
12. Disclaimer of Warranties
VENDOR IS PROVIDING THE APPLICATION AS-IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Assumption of Risk
USER SHALL ASSUME ALL RISK IN CONNECTION WITH USE OF THE APPLICATION.
14. Governing Law; Venue
This Agreement shall be governed by the laws of the State of New York without giving effect to provisions or procedures regarding conflicts of law. Any dispute related to this Agreement or the relationship between Vendor and User shall be litigated in the state or federal courts located in Erie County, New York.