PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated March 12, 2015
If you are using Services as the employee, agent, or authorized representative of any entity or organization, you warrant you have the authority to agree to these Terms and do agree that these Terms shall be binding on behalf of such entity or organization.
If you are using these Services intending to be a Service Provider (as defined below) you are required to enter further agreement beyond these terms.
By using EngineerMe’s products and services, you agree that you are at least 18 years old and legally able to enter into a contract.
ENGINEERME IS NOT AN ENGINEERING, ARCHITECTUAL, OR SURVEYING FIRM AND ONLY PROVIDES ACCESS TO SUCH PROFESSIONALS THROUGH ITS WEBSITE AND SERVICES. ENGINEERME DOES NOT PROVIDE ENGINEERING, ARCHTECTUAL, OR SURVERING SERVICES OR ADVICE TO THE USER.
1. DESCRIPTON OF SERVICES; ACCEPTANCE OF TERMS.
EngineerMe provides Services, through its website comprised of various web pages, including www.engineerme.com operated by EngineerMe (“Websites”), where the customer, you, (“You” or “User”) can search for and communicate with engineers, architects, and surveyors (collectively, “Service Providers”) for the purpose of the User hiring Service Providers to provide their particular services for the benefit of the User.
The Website and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Websites and Services constitutes your agreement to all such terms, conditions, and notices. The Website may also contain additional terms that govern particular parts of the Services (for example, promotions, forums, or communication features) (“Additional Terms”). In the event that any of the terms, conditions, and notices contained in these Terms conflict with the Additional Terms or other terms and guidelines contained within the Website, then these terms shall control.
2. MODIFICATION OF TERMS; CONTINUED USE.
EngineerMe reserves the right to change the Terms under which the Website and Services are offered, including but not limited to the changes, if any, associated with the use of the Website and Services. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes, and if you do not agree to these amended Terms, you agree to immediately stop using the Website and Services. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
3. LICENSED USE OF THE WEBSITE AND SERVICES.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Website and Services as EngineerMe intended for them to be used. As a registered EngineerMe user, you are licensed to keep, for your own personal records, electronic or physical copies of documents or records that you may create on EngineerMe. You may not copy the content produced by EngineerMe or the Service Providers on EngineerMe’s Websites and Services for the purpose of sale outside of EngineerMe. Any rights not expressly granted in these Terms are reserved by EngineerMe.
Resale or unauthorized distribution of content, materials downloaded from the website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of EngineerMe.
4. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Website and Services, you warrant to EngineerMe that you will not use the Website and Services for any purpose that is unlawful or prohibited by these Terms and in general may not use the Website and Services for any other reason other than its intended purpose and use. You may not use the Website and Services in any manner, which could damage, disable, overburden, or impair the Website and Services or interfere with any other party's use and enjoyment of the Website and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and Services.
5. USE OF COMMUNICATION SERVICES.
The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication features or functions that are designed to enable you to communicate with the public at large or with a group or with Service Providers (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
EngineerMe has no obligation to monitor the Communication Services. However, EngineerMe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EngineerMe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EngineerMe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in EngineerMe’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EngineerMe does not control or endorse the content, messages, or information found in any Communication Service and, therefore, EngineerMe expressly disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EngineerMe spokespersons, and their views do not necessarily reflect those of EngineerMe.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
6. REGISTRATION INFORMATION; ACCOUNT EMAIL COMUNNICATIONS.
We require that you create an account to use or access certain parts of the Website and Services and use certain products, services, and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website and Services, you agree to (a) provide EngineerMe with true, accurate, current and complete information as prompted by the EngineerMe’s registration forms, when registering for or using the Website and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
By creating an account, you agree that you may receive communications from EngineerMe such as notices, newsletters, special offers, and account reminders and updates directly to your account on EngineerMe.com or to an email address that you provided associated with your account. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email communication sent to your email address.
7. LIMITATION OF ENGINEERME WITH RESPECT TO SERVICE PROVIDERS; SERVICE PROVIDERS.
EngineerMe is only an online platform, which provides the specific service of allowing the Service Provider to list content, data, advertising, products, goods or services from them provided directly to you. EngineerMe is not hired to provide the services rendered by the Service Provider to the direct benefit you, and those services are between you and any Service Provider you choose to hire. Therefore, EngineerMe does not endorse and is not responsible or liable for Service Provider content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Service Provider content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, EngineerMe is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions or receipt of any goods or services of any Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve EngineerMe. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
Third parties and Service Providers may link or otherwise direct Internet users to our Websites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. EngineerMe does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not EngineerMe's policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that EngineerMe will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. EngineerMe does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider Websites. You use these third party or Service Provider websites at your own risk.
You agree that EngineerMe is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against EngineerMe relating to any interactions or dealings with any Service Provider, and release EngineerMe from any and all liability for or relating to any interactions or dealings with Service Providers.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Websites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or Service Provider. You agree that EngineerMe shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Provider on the EngineerMe Websites and Services.
PLEASE NOTE IF YOU ARE A SERVICE PROVIDER YOU AGREE TO BE BOUND TO THESE TERMS AND YOU ARE REQUIRED TO ENTER INTO FURTHER AGREEMENT WITH ENGINEERME IN ORDER TO BE CONSIDERED A SERVICE PROVIDER. ANY USER THAT MEETS ENGINEERME’S SERVICE PROVIDER QUALIFICATIONS AND REQUIREMENTS AND INTENDS TO BE A SERVICE PROVIDER SHALL BE PROVIDED THE SERVICE PROVIDER AGREEMENT TO SIGN AND MUST COMPLETE AN ADDITIONAL REGISTRATION PROCESS.
8. TERMINATION OF ACCESS.
EngineerMe may terminate your privilege to use or access the Websites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Websites and Services and agree not access or make use of, or attempt to use, the Websites and Services. Furthermore, you acknowledge that EngineerMe reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Websites and Services. You understand that EngineerMe may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to EngineerMe.
All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Websites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
9. TRADEMARKS AND COPYRIGHTS.
EngineerMe, and other Websites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of EngineerMe in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Websites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Websites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of EngineerMe and/or its licensors and are protected by all United States and international copyright laws.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
EngineerMe respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying EngineerMe of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA NOTIFICATION” email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a detailed description of where the material that you claim is infringing is located or found on the Websites and Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing EngineerMe with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA COUNTER NOTIFICATION” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
11. DELAYS AND ACCESSIBILITY
The Websites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. EngineerMe is not responsible for any delays, failures or other damage resulting from such problems.
12. WARRANTIES AND DISCLAIMERS.
You acknowledge that EngineerMe has no control over, and no duty to take any action regarding: which users gain access to or use the Websites and Services; what effects the content on or in connection with the Websites and Services may have on you; how you may interpret or use the content on or in connection with the Websites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Websites and Services. You release EngineerMe from all liability for you having acquired or not acquired content or information through the Websites and Services. The Websites and Services may contain, or direct you to Websites containing, information that some people may find offensive or inappropriate. EngineerMe makes no representations concerning any content contained in or accessed through the Websites and Services, and EngineerMe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites and Services. EngineerMe makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE WEBSITES AND SERVICES AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ENGINEERME NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ENGINEERME, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITES AND SERVICES. IN NO EVENT WILL ENGINEERME OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ENGINEERME OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENGINEERME OR THROUGH OR FROM THE WEBSITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ENGINEERME DOES NOT REPRESENT OR WARRANT THAT (I) THE WEBSITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ENGINEERME'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ENGINEERME SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ENGINEERME HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
EngineerMe has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release EngineerMe from all liability for you having acquired or not acquired Content through the Websites and Services. EngineerMe makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Websites and Services, and EngineerMe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites and Services.
The Websites and Services may display links to other Internet Websites or resources. Because EngineerMe has no control over such Websites and resources, you acknowledge and agree that EngineerMe is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that EngineerMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend and hold harmless EngineerMe, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful Content or other information provided by you to EngineerMe or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. EngineerMe will have sole control of the defense of any such damage or claim.
14. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENGINEERME, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ENGINEERME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE WEBSITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE WEBSITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE WEBSITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE WEBSITES AND SERVICES; (G) ANY BREACH OF THESE TERMS BY ENGINEERME OR THE FAILURE OF ENGINEERME TO PROVIDE THE SERVICES UNDER THESE TERMS OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT ENGINEERME, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.
14.1 BREACH OF TERMS AND LIQUIDATED DAMAGES
You understand that the Content provided and the reports generated on EngineerMe have significant value to EngineerMe and that the damage caused to EngineerMe for any violation of these Terms pertaining to a Content or reports will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of EngineerMe’s damages for the specified breaches of these Terms:
- If you post Content in violation of these Terms, you agree to promptly pay EngineerMe One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of these Terms, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Websites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Websites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by EngineerMe, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
By use of the Websites and Services, you consent to receive electronic communications from EngineerMe (via email or via a posting on the Websites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that EngineerMe may communicate any notices to you under these Terms, through electronic mail, regular mail or posting the notices on the Websites and Services. All notices to EngineerMe will be provided by either sending: (i) an email to email@example.com or (ii) a letter, first class certified mail, to EngineerMe, P.O. Box 60558, Ewa Beach, HI 96706. Attn:EngineerMe Website Administrator Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
16. ENTIRE AGREEMENT.
17. GOVERNING LAW.
These Terms and the relationship between you and EngineerMe will be governed by the laws of the State of Hawaii, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Honolulu, Hawaii and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that EngineerMe may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Websites and Services or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
18. MISCELLANEOUS; WAIVER, SEVERABILITY ASSIGNABILITY.
If you breach any term of this Terms or other agreement with EngineerMe, EngineerMe may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. EngineerMe's remedies are cumulative and not exclusive. Failure of EngineerMe to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with EngineerMe's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Websites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and EngineerMe as a result of these Terms or use of the Websites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities.
BY CLICKING “I Agree” YOU AGREE TO BE BOUND TO THE ABOVE TERMS.