Agreement between user and www.civildesign.com Welcome to www.civildesign.com. The www.civildesign.com website (the
"Site") is comprised of various web pages operated by CivilDesign®
Corporation ("CivilDesign®"). www.civildesign.com is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of
www.civildesign.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference. www.civildesign.com is a E-commerce Site For the Sale and Distribution of CivilDesign® Software Electronic Communications Visiting www.civildesign.com or sending emails to CivilDesign® constitutes
electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communications be in writing. No unlawful or prohibited use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to
access and use www.civildesign.com strictly in accordance with these terms of
use. As a condition of your use of the Site, you warrant to CivilDesign® that
you will not use the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Site. All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of CivilDesign® or its suppliers and protected by copyright and
other laws that protect intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other proprietary notices, legends or
other restrictions contained in any such content and will not make any changes
thereto. You will not modify, publish, transmit, reverse engineer, participate in
the transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. CivilDesign® content is not
for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of CivilDesign® and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of CivilDesign® or our licensors except as expressly
authorized by these Terms. International Users The Service is controlled, operated and administered by CivilDesign® from
our offices within the USA. If you access the Service from a location outside
the USA, you are responsible for compliance with all local laws. You agree that
you will not use the CivilDesign® Content accessed through www.civildesign.com
in any country or in any manner prohibited by any applicable laws, restrictions
or regulations. Indemnification You agree to indemnify, defend and hold harmless CivilDesign®, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. CivilDesign® reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
CivilDesign® in asserting any available defenses. Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. CIVILDESIGN® CORPORATION AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. CIVILDESIGN® CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
CIVILDESIGN® CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
CIVILDESIGN® CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CIVILDESIGN® CORPORATION OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Changes to Terms CivilDesign® reserves the right, in its sole discretion, to change the
Terms under which www.civildesign.com is offered. The most current version of
the Terms will supersede all previous versions. CivilDesign® encourages you to
periodically review the Terms to stay informed of our updates. Contact Us CivilDesign® welcomes your questions or comments regarding the Terms: CivilDesign® Corporation 234 North Arrowhead Avenue San Bernardino, California 92324 Email Address: info@civildesign.com Telephone number: (909) 885-3806 Effective as of January 01, 2015