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Users Agreement

The Construction Reporting Service contains copyrighted material that may only be used as stated in The Construction Reporter End Users License Agreement. Any unauthorized use may be a violation of law.

The Construction Reporting Service may only be used by licensed users. Sharing any user name and/or password is strictly prohibited and may be grounds for termination of the license or imposition of additional fees in Licensor's sole discretion (See item 1 below).

THE CONSTRUCTION REPORTER END USER LICENSE AGREEMENT

Your use of the Construction Reporting Service constitutes your agreement to the following terms and conditions and rules and regulations that may be promulgated from time to time. If you do not agree to be legally bound the Construction Reporter will not permit you to use or access the Construction Reporting Service.

The Construction Reporting Service is provided AS IS AND WITHOUT WARRANTY. In no event shall the Construction Reporter or its suppliers be liable for any special, indirect, or consequential damages of any nature resulting from the use or operation of the Construction Reporting Service or any information in the Construction Reporting Service.

  1. Grant of License. The Construction Reporter grants to Licensee, and Licensee accepts, a non-exclusive, non-transferable license, to use for only Licensee's business purposes, the information in the Construction Reporting Service, this web site, the software and related documentation (collectively and individually referred to as "Construction Reporting Service"). The license shall only be effective while Licensee is a member in good standing of the Construction Reporter. This license may be renewed from year to year upon payment of the annual membership fee and continued compliance with the terms of The Construction Reporter End User License Agreement ("Agreement"). Licensee may only use the Construction Reporting Service on its own behalf by direct employees of licensee . The sharing of any user name and/or password is strictly prohibited and shall be grounds for immediate termination of this Agreement or the imposition of additional fees in the amount of two times the annual membership fee for each unauthorized use of the Construction Reporting Service, in the sole discretion of The Construction Reporter. Use of the Construction Reporting Service is for estimating purposes only; copying is prohibited.

    Except for the license rights mentioned in this Paragraph, no right, title or interest in the Construction Reporting Service is granted to Licensee. Licensee will not itself, or through any parent, subsidiary, affiliate, agent, or other third party ("Related Entities") reproduce, distribute, modify, translate, decompile, disassemble, reverse engineer or transmit in any form or by any means any part of the Construction Reporting Service. Further Licensee and/or Related Entities will not sell, lease, license, sublicense, or market the Construction Reporting Service.

  2. Proprietary Rights. Licensee acknowledges that the Construction Reporting Service is confidential and contains trade secret information that is the exclusive property of the Construction Reporter.

  3. Payment. Licensee agrees to pay the initial membership fee and any applicable annual membership fees. The initial membership fee includes the first year fee for the Construction Reporting Service. Annual membership fees after the first year will be invoiced and are due prior to the commencement of the applicable membership fee period. The Construction Reporter has the right to adjust membership fees.

  4. Construction Reporting Service. The Construction Reporting Service contains information about plans, bidders and other matters that may be of interest to members of the Construction Reporter. Information reported in the project files is based on a review of the specifications; no plans have been reviewed. Efforts have been made to assure the accuracy of the information reported, but the Builders Exchange provides no warranty, expressed or implied, that any of the information is accurate. The actual plans and specifications that are maintained at the Construction Reporter are the best source of information for project files.

  5. Copyright Laws. The United States Copyright laws prohibit the distribution or copying of copyrighted works without proper authorization. The Construction Reporter will not tolerate any use of the Construction Reporting Service that in any way violates the United States Copyright laws. Licensee must report to the Construction Reporter editor any use of the Construction Reporting Service that may constitute copyright infringement. If the Construction Reporter, in its sole discretion, determines that any material has been added to the Construction Reporting Service in violation of the copyright laws, the Construction Reporter will delete that material. Anyone who adds unlawful material to the Construction Reporting Service shall indemnify, defend and hold the Construction Reporter harmless from any and all resulting claims and/or liability (including the payment of litigation costs and attorney fees).

  6. Limitation of Liability. Licensee agrees that the Construction Reporter is not an insurer and shall have no liability arising out of the use or operation of the Construction Reporting Service and/or any information generated thereby. In no event shall the Builders Exchange's total liability for any claim arising out of or under this Agreement, or the use and/or operation of the Construction Reporting Service, regardless of the cause of action, exceed the annual membership fee.

  7. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE CONSTRUCTION REPORTER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF THE Construction Reporter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  8. Indemnity. Licensee agrees to indemnify, defend and hold harmless the Construction Reporter, its officers, directors, employees, and agents from any damages, losses, costs or expenses (including the payment of litigation costs and attorney fees) that arise from Licensee's use and/or operation of the Construction Reporting Service.

  9. Warranty. Licensee agrees that the Construction Reporting Service is provided as is and without warranty and that the Builders Exchange makes no representations regarding the completeness or accuracy of the Construction Reporting Service or any information provided by the Construction Reporting Service. The Construction Reporter expressly disclaims any implied warranties of merchantability or fitness for a particular purpose.

  10. Access. The Construction Reporter reserves the right to control and/or limit access to the Construction Reporting Service in its sole discretion. Access may be denied at any time. Access may be denied to any individual who makes use of the Construction Reporting Service for an inappropriate purpose, in violation of this Agreement, or who, in the sole discretion of the Construction Reporter, uses inappropriate, obscene, abrasive, or otherwise questionable language in connection with the Construction Reporting Service.

  11. Content Control. The Construction Reporter reserves the right to monitor in its sole discretion all information contained in or used in connection with the Construction Reporting Service and to delete or edit any file, program or message that contains inappropriate, obscene, abrasive or otherwise questionable language. However, the Construction Reporter is not required to monitor the information.

  12. Governing Law. This Agreement shall be governed by the laws of the State of New Mexico without regard to choice of law rules. The United Nations Convention on the International Sale of Goods shall not apply.

  13. Export Controls. Licensee agrees and certifies that neither the Construction Reporting Service, nor any other technical data received from the Construction Reporter, nor the direct product thereof, will be exported or re-exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.

  14. Assignment. This Agreement may not be assigned by Licensee without the express written permission of the Construction Reporter.

  15. Termination. The Construction Reporter reserves the right to terminate Licensee's rights to use the Construction Reporting Service at any time if Licensee violates the terms of this Agreement. Either Licensor or Licensee may terminate this Agreement without cause. Upon termination of this Agreement Licensee shall cease all use of the Construction Reporting Service and shall destroy all user names and/or passwords.

 

 

 

VIRTUAL PLAN ROOM NETWORK USER AGREEMENT

 

Virtual Plan Room Services are provided in conjunction with the Virtual Plan Room Network, LP and/or its licensors.

Use of these services constitutes agreement to abide by the rules and regulations of the system, as may be promulgated from time to time, including acceptance of the following terms and conditions: 

 

Virtual Plan Room Product contains information about plans, bidders and other matters that may be of interest to members and subscribers of the Virtual Plan Room Network, LP and/or its licensors.  Information reported by these entities in the project files is based on a review of the specifications.   No plans have been reviewed. 

Efforts have been made to assure the accuracy of the information reported, but the Virtual Plan Room Network, LP and/or its licensors offer no warranty, expressed or implied, that any of the reported information is accurate.  The best source of information for project files is the original plans and specifications prepared by the Issuing Authority. 

The Virtual Plan Room Network, LP and/or its licensors expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose, in connection with the use or operation of the Virtual Plan Room services. The Virtual Plan Room Network, LP and/or its licensors will not be liable for any losses, including lost data, information, profits or any other incidents of consequential damages that may be sustained or arise out of the use, operation or ability to use or operate Virtual Plan Room products.  In consideration for the privilege of using these products, users hereby release the Virtual Plan Room Network, LP and/or its licensors their officers, employees, and web masters from any and all claims arising from the use of this system.

The information on the Virtual Plan Room suite of services is provided for the use of the Virtual Plan Room Network, LP and/or its licensors' members and subscribers.  Replication other than for estimating purposes is strictly prohibited. Virtual Plan Room products may be used only by employees of the member or subscriber using the username and password that was provided by the Virtual Plan Room Network, LP and/or its licensors for that member or subscriber. 

The sharing of any user name and/or password is strictly prohibited and at the sole discretion of Virtual Plan Room Network, LP and/or its licensors, may be grounds for immediate termination of this Agreement and/or the imposition of additional fees in the amount of two times the annual membership fee for each unauthorized use of the Virtual Plan Room Products.  Use of the Virtual Plan Room Product is for informational purposes only; copying is prohibited.

Virtual Plan Room products may not be used or accessed by any other person or entity, including but not limited to, employees of any entity which is not wholly-owned by member or subscriber.  In addition to and notwithstanding anything to the contrary herein,  Virtual Plan Room products may not in any event be used or be permitted to use in any manner that is competitive with the Virtual Plan Room Network, LP and/or its licensors' distribution of the Services. The member or subscriber shall not, except as expressly permitted herein, copy, modify, alter, sell, transfer, license, assign, publish, distribute, disseminate, allow access to or convey any portion of Virtual Plan Room products, or any derivation, revision or combination thereof. 

The member or subscriber expressly acknowledges Virtual Plan Room products were prepared by Virtual Plan Room Network, LP and/or its licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The member or subscriber shall keep any usernames and passwords strictly confidential and such usernames and passwords shall not be disclosed to anyone not an employee of the member or subscriber. 

The Virtual Plan Room Network, LP and/or its licensors reserve the right to control or limit access to Virtual Plan Room products.  Access may be denied at any time for any reason. Access will be denied to any individual or company who makes use of the Virtual Plan Room Network, LP and/or its licensors' products for improper purposes.  Access will be denied to anyone who uses obscene, abrasive or otherwise questionable language on this system. The Virtual Plan Room Network, LP and/or its licensors reserve the right to monitor all information stored in any files programs or messages as well as the right to delete or edit any file, program or message that contains, in the sole discretion of the Virtual Plan Room Network, LP and/or its licensors any obscene, abrasive or otherwise objectionable language or material. Proprietary Rights. 

Licensee acknowledges that the Virtual Plan Room product is confidential and contains trade secret information that is the exclusive property of the Virtual Plan Room Network, LP and/or its licensors.  The member or subscriber agrees to protect all copyright and other proprietary rights of Virtual Plan Room Network, LP and/or its licensors in the Virtual Plan Room products and to comply with reasonable written requests made by Virtual Plan Room Network, LP and/or its licensors to protect the Virtual Plan Room Network, LP and/or its licensors' proprietary rights in said services.  The documents contained on this system may contain copyrighted materials owned by other third parties, including architects, engineers or others. 

These copyrighted materials are protected under U.S. Copyright law, Title 17, United States Code. Any reproduction, alteration or reuse of these materials without express written permission of the copyright owner is prohibited, except that an authorized member or subscriber may reproduce the documents for use in preparing bids or proposals pursuant to a request to bid on the project represented in the plans.

 

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