|
|
|
This User Agreement
("Agreement") sets forth the terms and conditions governing your
use of this R.S. Means CostWorks Online Web site ("Web site"). Your
use of this Web site constitutes your acceptance of these terms and
conditions. This Agreement is between
you and R.S. Means Company, Inc. ("RSMeans"), a corporation
organized and existing under the laws of 1. Your Rights.
RSMeans grants you a
non-exclusive, non-transferable, limited right to use and display this Web
site and the materials provided hereon, provided that you comply fully with
this Agreement. You agree not to share your login and password for this Web
site with any other individual. You agree not to interrupt, or attempt to
interrupt, the operation of this Web site in any way. You may not merge the
cost data available on this Web site with any software program or extract
such cost data other than into a spreadsheet for your personal use on a
single computer. You have no right to create derivative works based on or
which utilize the cost data available on this Web site, or to sublicense,
sell, lend, rent or lease any portion of such cost data to any third party. 2. Fee-Based Services Charges.
Certain products and features
of this Web site are available only through the purchase of a site
subscription ("Fee-Based Services") a.
You
agree to pay, using a valid credit card which RSMeans accepts, the monthly or
annual subscription charges set forth on this Web site, applicable taxes, and
other charges incurred on your account in order to access the Fee-Based
Services. RSMeans reserves the right to increase fees, surcharges, and Web
site subscription fees, or to institute new fees, at any time, upon
reasonable notice posted in advance on this Web site, with such fees to
become effective upon the renewal of your then current subscription. b.
You
are responsible for all charges associated with connecting to this Web site,
including, without limitation, telephone, modem, and broadband access charges
necessary to access the Web site and the Fee-Based Services. c.
If
you purchase an annual site subscription to access the Fee-Based Services
your subscription may only be cancelled as hereafter provided, and will
automatically renew at the end of the initial subscription period for
successive periods of twelve (12) months each unless you provide written
notice of cancellation, effective at the end of the initial twelve (12) month
subscription period or at the end of the then current twelve (12) month
renewal period, as applicable, not less than thirty (30) days prior to the
end of the initial or then current renewal period. . d.
For
purposes of identification and billing, you agree to provide RSMeans with
accurate, complete, and updated information required by the site subscription
registration to the Fee-Based Services ("Registration Data"),
including your name, address, email address, telephone number, and applicable
payment data (e.g., credit card number, expiration date). Failure to comply
with this provision (including falsification of any Registration Data) may,
at RSMeans option, result in immediate suspension or termination of your
right to use the Fee-Based Services without refund of any amounts paid by you
or cancellation of any amounts then payable by you. e.
You
agree to promptly update your Registration Data, including your password, in
the event of any known or suspected unauthorized use of your subscription, or
any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password or credit card information. In the event of a
breach of security, you will remain liable for any unauthorized use of your
subscription. 3. Your Password.
As part of the
Registration process, you will select a password. This password is for your
individual use only. You are responsible for maintaining the confidentiality
of any password you use to access the Fee-Based Services, and agree that
RSMeans will have no obligation with regards thereto. 4. Privacy Policy.
The terms and conditions
of the RSMeans privacy policy ("Privacy Policy") applicable to this
Web site, as such terms and conditions may be changed by RSMeans from time to
time in its sole discretion, are set out in the section labeled Privacy on the
home page of this Web site. Such terms and conditions are incorporated herein
and included in this Agreement. As indicated in the Privacy Policy, RSMeans
shall have the right to review estimates and other information created by you
in connection with your use of this Web site, and may aggregate such
information with information created by other users of this Web site for the
purpose of developing statistical data which may be used by RSMeans and its
affiliates for such purposes as RSMeans and its affiliates may determine in
their sole discretion. Click here for the Latest Privacy Policy.
5. Copyright and Trademarks.
All materials on the Web
site, including, without limitation, text, images, software, audio and video
clips, databases, and Fee-Based Services (collectively, the
"Content") are owned or controlled by RSMeans, which retains all
right, title, and interest in and to such Content. The Web site and the
Content contain valuable and proprietary information of RSMeans and others
and are protected by the copyright and trademark laws of the You agree not to use any
trademarks, service marks, names, logos, or other identifiers of RSMeans or
any other Reed Elsevier business, or their employees, licensors, independent
contractors, and affiliates without the prior written permission of RSMeans
or the relevant Reed Elsevier business. In addition, you may not use
trademarks, service marks, names, logos, or other identifiers: a.
In,
as, or as part of, your trademarks or those of any third parties; b.
To
identify products or services that are not those of RSMeans; c.
In
a manner likely to cause confusion; or d.
in a manner that implies that RSMeans sponsors or endorses or is
otherwise connected with your own activities, products and services or those
of third parties. CostWorks and other
related marks used on this Web Site are federally registered trademarks of
RSMeans. 6. Forums.
RSMeans may make available
to users of this Web site, e-mail notices, newsletters, chat rooms, message
boards, bulletin board services or other interactive facilities by means of
this Web Site (collectively, the "Forums"). RSMeans cannot review
all communications made on or through the Web site. RSMeans reserves the
right, but has no obligation, to monitor the Forums and to edit, modify or
delete any material which RSMeans in its sole discretion determines to
violate this Agreement or to be in any other way offensive or contrary to any
RSMeans policy. 7. Links to Other Sites.
This Web site may contain
links and pointers to other sites on the Internet which may be maintained by
third parties. Such links to not include an endorsement by RSMeans or its
affiliates of any third-party site or any material contained therein. RSMeans
and its affiliates do not control, and are not responsible for, the
availability, accuracy, privacy policy, or currency of such third-party sites
or any information, content, products or services accessible from such
third-party sites. 8. Financial Responsibility.
You agree not to assign,
transfer, or sublicense your rights as a subscriber to the Fee-Based
Services. You agree to be financially responsible for all billing activity on
your Fee-Based Services account. 9. Indemnification.
You hereby agree to
indemnify, defend and hold harmless RSMeans and its affiliates from and
against any and all liability and cost incurred by RSMeans or the affiliates
in connection with any third party claim arising out of any breach of any of
your obligations set forth herein. RSMeans reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall cooperate as fully as
reasonably required in the defense of any such claim. You shall not in any
event settle any claim without the prior written consent of RSMeans. 10. Disclaimer of Warranty.
EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, THE WEB SITE (INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE
THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS-IS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. To the fullest extent
permissible by law, RSMeans and its affiliates shall not be liable for your
use of or inability to use the Web site under any circumstances, including,
but not limited to, by reason of the negligence by RSMeans. RSMeans does not
warrant that the functions contained in the Web site or the Fee-Based
Services will be uninterrupted or error-free, that defects will be corrected,
that the Web site or Fee-Based Services will meet any particular criteria of
performance or quality, or that the Web site, including Forums or the
server(s) on which the Web site is operated, are free of viruses or other
harmful components. 11. Limitation of Liability.
USE OF THE WEB SITE IS AT
YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM
YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT,
OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH
OR OBTAINED BY MEANS OF THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL RSMEANS OR
ITS AFFILIATES, OR ANY PROVIDER OF THE TELECOMMUNICATIONS OR NETWORK SERVICES
FOR RSMEANS OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE WEB SITE OR FEE-BASED SERVICES, EVEN IF RSMEANS, ITS
AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF
RSMEANS AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY,
ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES DURING THE
TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR NOTICE OF CLAIM. YOU HEREBY
RELEASE RSMEANS AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 12. Termination.
RSMeans reserves the right
to restrict, suspend or terminate your access to the Fee-Based Services in
whole or in part, without notice, with respect to any breach or threatened
breach by your of any portion of this Agreement. If
RSMeans terminates this Agreement based on a breach of any portion of this
Agreement, RSMeans will not refund any amounts paid or cancel any amounts
then payable by you and reserves the right to refuse to provide a subscription
or any Fee-Based Services to you in the future. 13. Modifications.
a.
To
this Agreement. RSMeans
has the right to modify this Agreement. Any modification is effective
immediately upon posting to the Web site or distribution via electronic mail
or conventional mail. Your continued use of the Web site following posting or
other notice of any modification to this Agreement shall be conclusively
deemed an acceptance of all such modification(s). Your only right with
respect to any dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of RSMeans in providing the Web site,
including, without limitation,any
change in the Content, is to cancel your subscription in accordance with the
subscription help instructions. b.
To
the Web site. RSMeans
has the right to modify, suspend or discontinue the Web site or any portion
thereof, at any time, including the availability of any area of the Web site,
including, without limitation, the Fee-Based Services. RSMeans may also
impose limits on certain features and services or restrict your access to
part or all of the Web site without notice or liability. 14. General
This Agreement constitutes
the entire agreement between you and RSMeans with respect to the Web site,
and, if applicable, the Fee-Based Services and supersedes all prior
agreements between you and RSMeans. Failure by RSMeans to enforce any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Interpretation and enforcement of this Agreement shall be
governed by the laws of the Subscribing to MeansCostWorks.com
indicates your agreement to the terms and conditions set forth above. |