Terms of Service
Simple, efficient & secure document management for the construction professional.™
By using the PlansandSpecs system, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not login to review information or obtain goods, products or services from this Site.
By entering your User ID and password during the account login process, you intend and consent to their use as an electronic signature, equivalent to your handwritten signature as provided under applicable federal and state law. This electronic signature shall only apply to these Terms and Conditions.
By selecting, "Login" below; you hereby authorize PlansandSpecs system to initiate entries to my activity log and account indicated by project Site User access.
You are responsible for maintaining the confidentiality of your account Username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to the Site User, or any breach of security through Site Users’ account, then the Site User shall notify PlansandSpecs immediately by contacting PlansandSpecs at support@plansandSpecs.com.
Understand that you are responsible for all changes to the project web-Site in conjunction with your PlansandSpecs account by you or other authorized to act as you. You agree that notices related to this account may be sent to you via e-mail.
PlansandSpecs reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.
This Agreement is void where prohibited by law, and the right to access the Site, Materials and Services is revoked in such jurisdictions. The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, PlansandSpecs and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services or content provided. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of PlansandSpecs. 10 North Martingale Road Suite 400 Schaumburg, Illinois 60173
Use of Software: The software and accompanying documentation that are made available to download from this Site are the copyrighted work of the PlansandSpecs system and/or its licensors or suppliers. The Terms of Use, any additional terms or end user license agreements that accompany or are included with such software or that are set out below govern use of the software.
You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of this end-user license agreement. If you do not agree to the terms, you will not be able to use the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any of the software available on or through the Site, unless, and only to the extent that, applicable law prohibits contractual limitations upon your right to do so, and then only after you have notified PlansandSpecs in writing of your intended activities.
The documents, content and information may be used solely for personal, informational, and internal purposes. Except as expressly permitted, the documents and information may not be modified or altered in any way. Except as expressly permitted, the documents and information on the Site may not be distributed without permission of the creator or project owner. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information. PlansandSpecs and our licensor’s reserve the right to revoke the authorization to view, download, and print the documents, Materials, software, and information available on this Site at any time.
Certain portions of the Site are only available to individuals and entities that have become registered Site Users’ of the Site as described in these Terms of Use. The Services or Materials available to Site Users may include services provided by PlansandSpecs and by third parties Associates. To become a Site User of PlansandSpecs, submit a complete registration form.
By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Site User, or (iii) that you are signing up as a Site User on behalf of an organization you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate.
Site User is responsible to periodically review and update registration information to ensure that it continues to be current, complete, and accurate. PlansandSpecs reserves the right to accept or reject Site User registrations for PlansandSpecs.
Upon acceptance of Site User's registration form, the Username and Password will be activated. Upon activation PlansandSpecs authorizes Site User to access and use PlansandSpecs subject to the Terms of Use. Materials and Services available on or through the Site are routinely updated, and PlansandSpecs applies commercially reasonable efforts to ensure that such information is reliable. However, the Site User understands and acknowledges that PlansandSpecs does not control the posting or content of all the Materials, nor will it verify the timeliness or content of Materials.
.
PlansandSpecs EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY MATERIALS OR SERVICES ON THE SITE, OR ANY THIRD-PARTY INFORMATION OR SERVICES AVAILABLE THROUGH A LINK FROM PlansandSpecs.
Responsibility for submission of document and content posting: You, the Site User are solely responsible for the content of any materials, comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to the PlansandSpecs system through the Site by you or at your direction. You may only submit to the Site, content that is (a) owned and or managed by you, (b) submitted with the express permission of the owner or copyright holder, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement.
We reserve the right to restrict or terminate your access to the Site at any time without notice in the event we believe you have violated the terms of submission. PlansandSpecs expressly reserves the right to refuse to post on the Site and to remove from the Site at any time any Materials submitted by a Site User at PlansandSpecs sole discretion.
Site User warrants that Site User Content will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights of any third party, or (iv) violates the Acceptable Use Policy set forth herein.
Use of Content: By using the Site, you acknowledge that: (i) PlansandSpecs may not pre-screen Content and, as such, PlansandSpecs does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Site User Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will PlansandSpecs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damages or any kind incurred as a result of the use of any Content.
Right to Remove or Disable Site User Access: If PlansandSpecs is made aware of Content that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that PlansandSpecs determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the usage standards set forth herein, PlansandSpecs has the right, but not the obligation, to remove or disable access to that Content. For Content that Site User reasonably deems to be in violation of law, PlansandSpecs shall remove such Site User Content pursuant to PlansandSpecs Copyright Policy here
This Terms of Use agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Site Users’, the date a Site User receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Site User, immediately upon such users breach of any of the Terms of Use. PlansandSpecs reserves the right to immediately terminate this Agreement effective upon written (or emailed) notice to Site User if Site User materially breaches any of the terms or conditions of the Terms or Use that is not cured within ten (10) days after notice from PlansandSpecs. PlansandSpecs reserves the right to suspend access to and use of the Site pending cure of a Site User's breach. In addition, PlansandSpecs or a Site User may terminate this Terms of Use agreement, for any reason or for no reason, upon thirty (30) days notice to the other.
Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Site User shall cease to access or to use any Materials or Services through PlansandSpecs. The limitations and disclaimers of warranties, and the indemnity obligations of Site Users’, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.
Site Users and
any user shall, at Site User’s or user’s own expense, as applicable, indemnify,
defend, and hold PlansandSpecs and its subsidiaries, affiliates, officers,
employees, agents, co-branders, associates, suppliers, or other partners
harmless from and against any losses, costs, damages, liabilities, and expenses
(including reasonable attorneys' fees), arising out of or related to a
third-party claim, action or allegation (a) related in any way to a transaction
or dispute between a Site User and any third party, (b) based on or caused by
unauthorized access to the Site through a users’ account, (c) is based on facts
or alleged facts that would constitute a breach of any of users’
representations, warranties, or covenants under this Agreement, or (d) arising
out of a request for PlansandSpecs to remove or disable access to any Content in
or on the Site.
Users’ shall
not enter into a settlement of the foregoing without PlansandSpecs prior written
consent, and shall not incur expenses and fees in defending the above claims,
actions, or allegations without prior approval from PlansandSpecs.
These
Terms and conditions of use constitutes the entire agreement between you and
PlansandSpecs with respect to the Site and supersedes all prior agreements
or previous discussions (written or oral) between you and PlansandSpecs
These terms of use may be modified only by a signed agreement, or as
follows: PlansandSpecs may modify these terms of use by posting the new
terms and conditions in the same location the previous terms and conditions
were posted. If Site User or user continues to use the Materials, Services,
or Site, then Site User and user will be considered to have accepted the
modifications.
PlansandSpecs failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
PlansandSpecs will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of PlansandSpecs; including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
You also agree to not use PlansandSpecs to engage in commercial activities without enrolling in PlansandSpecs approved programs This includes, but is not limited to, the following activities: offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web Sites.
This Site or any portion of this Site may not be reproduce, duplicated, copied, sold, resold, Sited or otherwise exploited for any commercial purpose without express written consent of PlansandSpecs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PlansandSpecs and our affiliates and Associates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You agree not to use PlansandSpecs to upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, harm minors in any way, impersonate any person or entity, including, but not limited to, a PlansandSpecs representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt PlansandSpecs or servers or networks connected to PlansandSpecs, or disobey any requirements, procedures, policies or regulations of networks connected to PlansandSpecs or otherwise harass another, collect or store personal data about other users, data, robots or similar data gathering and extraction tools, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating Crush or Phishing Sites, use your project hosting Site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond PlansandSpecs.
Any unauthorized use terminates the permission or license granted by us.
|
