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Usage Agreement and Disclaimers
 I AGREE - Enter Planroom
1.ACCEPTANCE OF TERMS
SOLANO-NAPA BUILDERS EXCHANGE ONLINE PLANROOM (SNBE) makes
available for your use and access to the SNBE Online Plan Service (the "Site")
information, documents, software and products (collectively, the "Materials")
and various services (the "Services") subject to the terms and conditions set
forth in this Usage Agreement and Disclaimers (the "Usage Agreement"). By
accessing this Site, you agree to the Usage Agreement. SNBE reserves the right
to change the Usage Agreement from time to time at its sole discretion. Your use
of the Site will be subject to the most current version of the Usage Agreement
posted on the Site at the time of such use. In addition, when using particular
Services or Materials on this Site, you shall be subject to any posted
guidelines or rules applicable to such Services or Materials that may contain
terms and conditions in addition to those in the Usage Agreement. All such
guidelines are incorporated into this Usage Agreement by reference. You MUST be a current Site participant (valid Internet
subscriber) of SNBE to access this Site. If you are not a current Site
participant or if you breach any of the Usage Agreement, your authorization to
use this Site is automatically terminated and you must immediately destroy any
Materials downloaded or printed from this Site.
2. COPYRIGHT; LIMITED LICENSE
You acknowledge and agree that Materials and Services on this
Site and any necessary software used in connection with the Site ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized by SNBE,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Materials and Service, or the Software, in whole
or in part. Furthermore, except as expressly provided in this Usage Agreement,
SNBE does not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade secret information with respect to the
Materials, Services and Software.
2.1 Use of Software. The software and accompanying
documentation that are made available to download from the Site are copyrighted
work of SNBE and/or its suppliers. Use of the software is governed by the terms
of the end user license agreement that accompanies or is included with such
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 such end user license agreement. If you do no agree to such 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 software available on the
Site.
3. USE OF SITE INFORMATION
Except as otherwise indicated elsewhere on this Site, you may
view, download and print the documents and information available on this Site
subject to the following conditions:
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The documents and information may be used solely for your
use in preparing cost estimates for those construction projects provided on
the Site and/or for your reference during the construction process of same and
for no other purpose.
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The documents and information may not be modified or
altered in any way.
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You may not remove any copyright or other proprietary
notices contained in the documents and information.
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SNBE
reserves the right to revoke the authorization to view,
download and print the documents and information available on this Site at any
time, and any such use must be discontinued immediately upon written notice
from SNBE.
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The rights granted to you constitute a license and not a
transfer of title.
The rights specified above to view, download and print the
documents and information available on this site are not applicable to the
design or layout of this Site. Elements of this Site are protected by trade
dress and other laws and may not be copied or imitated in whole or in part.
4. MODIFICATIONS TO SERVICE
SNBE reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Site (or any part
thereof) with or without notice. You agree that SNBE is not liable to you or
to any third party for any modification, suspension or discontinuance of the
Service.
5. ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to:
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immediately notify SNBE of any unauthorized use of your
password or account or any other breach of security; and
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ensure that you exit from your account at the end of each
session. SNBE cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
6. TERMINATION
You agree that SNBE, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Site for any
reason, including, without limitation, if SNBE believes that you have violated
or acted inconsistently with the letter or spirit of the Usage Agreement. SNBE
may also in its sole discretion and at any time discontinue providing the
Site, or any part thereof, with or without notice. You agree that any
termination of your access to the Site under any provision of this Usage
Agreement may be effected without prior notice, and acknowledge and agree that
SNBE may immediately deactivate your account. Further, you agree that SNBE
shall not be liable to you or any third-party for any termination of your
access to the Site.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EFFORTS HAVE BEEN MADE TO
ASSURE THE ACCURACY OF THE INFORMATION, BUT SNBE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE BEST SOURCES OF INFORMATION FOR PROJECT FILES ARE
THE ACTUAL PLANS AND SPECIFICATIONS MAINTAINED AT SNBE’S MAIN OFFICE.
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SNBE
MAKES NO WARRANTY THAT:
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THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS;
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THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE;
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THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE;
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THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
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ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SNBE OR THROUGH OR FROM THE SERVICE OR MATERIALS SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE USAGE AGREEMENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL SNBE OR ANY OF ITS AFFILIATES OR
SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO
USE, THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS OF THE SITE, EVEN IF SNBE IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNITY
You agree to indemnify and hold SNBE, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Site, your connection
to the Site, your violation of the Usage Agreement, or your violation of any
rights of another.
10. GOVERNING LAW AND JURISDICTION
The Usage Agreement and the relationship between you and SNBE
are governed by the laws of the State of California without regard to its
conflict of law provisions. You also agree that this Usage Agreement is entered
into between you and SNBE in Fresno, California. The failure of SNBE to exercise
or enforce any right or provision of the Usage Agreement does not constitute a
waiver of such right or provision. If any provision of the Usage Agreement is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Usage
Agreement remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Materials or Service or the Usage Agreement must be filed
within one year after such claim or cause of action arose or be forever barred.
By agreeing to these terms, subscriber agrees to be
individually bound by each term set forth above including each disclaimer of
warranty. It is further agreed that these terms bind the subscribers heirs,
assigns, partners, employees, joint venturers and successors in interest.
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I AGREE ______ I DECLINE
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