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Effective Date: February 28, 2020

Please read these Terms of Use carefully as they set forth important terms and conditions for accessing and using the SAFEBuilt websites (www.safebuilt.com) and those of its subsidiaries, including CGA, Interwest Consulting Group, MTCI, Esgil, Kutzmann, BroadSpec and Winston Services (the “Sites”) and any services offered on the Sites. By accessing and using the Sites and associated services, you are agreeing to be bound by these Terms of Use. If you do not agree with any of these Terms of Use, do not access and use the Sites.

You must be 18 years and older to access and use the Sites and associated services.

Username and Password

If you register with us using a username and password, you are responsible for keeping this login information secure, and you are fully responsible for all activities that occur under your login. You must keep your username and password secure and are requested not to disclose them to a third party. Promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

Copyright Notice

All content posted on the Sites, including all images, are copyrighted and protected worldwide by copyright laws and treaty provisions. Unless otherwise noted, all content is copyrighted © 2019 SAFEbuilt, Inc.

Use of the Sites and copyrighted materials is subject to the terms and conditions set forth below. By continuing to access and use the Sites and posted content, you indicate your awareness of and consent to these terms and conditions. If you violate any of these terms and conditions, your permission to access or use the content as described herein automatically terminates, and you must immediately destroy any copies of the content you have made.

Limited License

You are hereby provided a limited, non-exclusive, no-cost, revocable and non-transferable license to access and use the content on the Sites. The content on the Sites is for informational purposes only and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without SAFEbuilt’s prior written permission. Individual webpages from be printed for your personal, non-commercial use only and may not be distributed to any third party. Users may be subject to administrative disciplinary action, civil charge, or criminal penalty for the unauthorized or improper use of Site, content or this limited license.

Title to all content on the Sites remains with SAFEbuilt or its licensors, as indicated. Any use of the content not expressly permitted herein is a breach of this limited license and may violate copyright, trademark, or other laws. Content and features on the Sites are subject to change or termination without notice in our discretion. All rights not expressly granted herein are reserved to SAFEbuilt or its licensors.

Images

All images, including photographs, illustrations, computer drawings or renderings, video clips, etc., posted on the Sites are the property of SAFEbuilt, its suppliers, clients, or illustrators and photographers hired by SAFEbuilt, its clients and/or suppliers, as indicated, and are licensed for use on the Sites in accordance with individual agreements. SAFEbuilt does not grant any express or implied right to you to under to any image any license, patents, copyrights, trademarks or trade secret information. Use of any image on this Sites requires written permission from SAFEbuilt. and/or any other party, as appropriate.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act, if you believe any content accessible on the Sites infringe your copyright, or a copyright belong to a third party, you may request removal of those content (or access thereto) from Sites by contacting SAFEbuilt’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the work and provide us with its URL or any other pertinent information that will allow us to locate the work.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

User Submissions

Except as provided below, any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly stated in this Terms of Use, anything you transmit or post on the Sites may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. Furthermore, you confirm that any media files you submit to us (e.g., pictures, videos, etc.) are your property and you have permission of anyone depicted in these files to transfer rights in such media files to SAFEbuilt.

In addition, you automatically warrant that the submission does not infringe or violate the rights of any party. In addition, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted SAFEbuilt a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
For images, video or audio files, you agree only to post or upload media (like photos, videos or audio) on the Sites that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

To protect your privacy, you agree that you will not submit any media that contains personal information (such as name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

This Terms of Use strictly prohibits the posting or uploading of content or media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Terms of Use or our Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or any Sites.

We reserve the right to review all user submissions and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion and without any recompense to the submitter or poster.

Notwithstanding the foregoing, user construction plans submitted for review (via Plan Review Services or any other link available through the Sites) are generally considered to be public records and available to the public pursuant to applicable law.

Privacy Policy

By access and using the Site, you indicate that you have reviewed and understand our Privacy Policy, which can be viewed from our website.

Trademarks

All SAFEbuilt trademarks, service marks, product and service names, and other corporate indicia are the property of SAFEbuilt, Inc. You agree not to display or use in any manner any of our trademarks, etc. without our prior permission.

Links

The Sites and associated services may contain links to other websites or online services that are operated and maintained by other persons or entities and that are not under our control or otherwise affiliated with us. Such links do not constitute an endorsement by us of those other websites or online services, the content displayed therein, or the persons or businesses associated therewith. These Terms of Use do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

Disclaimer of Warranties

YOUR USE OF THE SITES AND ASSOCIATED SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITES AND ASSOCIATED SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITES AND ASSOCIATED ASERVICES OR OTHERWISE BY US. FURTHER, THERE IS NO WARRANTY THAT THE SITES OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION.

WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SITES AND ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY CONTENT AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY CONTENT. WE MAKE NO REPRESENTATION THAT THE SITES OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF US SHALL CREATE ANY WARRANTY.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability; Exclusive Remedy

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL WE, OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR ASSOCIATED SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, OR ANY WEBSITES OR MOBILE APPLICATIONS LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITES OR SERVICES; OTHERWISE, YOUR REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITES OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

Indemnity

You agree to defend, indemnify, and hold SAFEbuilt, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Terms of Use.

Change or Termination

We may change or terminate these Terms of Use for any reason at any time and without prior notice. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Sites or associated services, with or without prior notice. Otherwise applicable sections of the Terms of Use shall survive termination. We also reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use. Upon termination, you must cease all use of the Sites and associated services.

Jurisdiction; Applicable Law; Severability

You expressly agree that exclusive jurisdiction for any dispute with SAFEbuilt, or in any way relating to your use of the Sites and associated services is in the federal or state courts the State of Colorado, United States. You further agree and expressly consent to the exercise of personal jurisdiction in the federal and state courts of the State of Colorado, United States, in connection with any such dispute including any claim involving SAFEbuilt or its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers.

This Terms of Use and the Privacy Policy are governed by the laws of the State of Colorado, United States, but without reference to its conflict of laws principles. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any provision in this Terms of Use shall be deemed a waiver of the Terms of Use in its totality, a further or continuing waiver of such provision or any other provision.

Complete Agreement

This Terms of Use and our Privacy Policy constitute the entire agreement between you and SAFEbuilt with respect to the access and use of the Sites and associated services.

General

SAFEbuilt is located in the State of Colorado, United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Liability, User Submissions, Indemnity, Jurisdiction, Applicable Law, and Complete Agreement.

Comments and Questions

If you have comments or questions about this Terms of Use or your use of the Site, you may email us at info@SAFEbuilt.com or via Contact Us.

SAFEbuilt
3755 Precision Drive
Suite 140
Loveland, CO 80538
Tel: 866-977-4111
Email: info@SAFEbuilt.com

SAFEbuilt’s’s agent for copyright issues relating to the Sites is as follows:

SAFEbuilt, Inc.
Attn: Chief Administrative Officer
3755 Precision Drive
Suite 140
Loveland, CO 80538
Tel: 866-977-4111
Email: info@SAFEbuilt.com

In an effort to protect the rights of copyright owners, SAFEbuilt may terminate, in appropriate circumstances, users, subscribers or account holders on the Sites who are repeat infringers.

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