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M.E.P.CAD, Inc. – TERMS OF USE AGREEMENT
1. Your Acceptance
Welcome to MEPCAD.com. Your use of this website or any other websites owned or operated by M.E.P.CAD, Inc. and/or its affiliates (the "Website") and the services provided through or in connection with the Website and viewing of the content available at the Website, is subject to this Terms of Use Agreement (the “Terms of Use”) and the current M.E.P.CAD, Inc. (“MEPCAD”) Privacy Policy (the “Privacy Policy”) published at http://mepcad.com/privacypolicy.aspx, which is incorporated herein by reference. Each time you use the Website, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree to any of these terms, then you must immediately discontinue your use of the Website. These Terms of Use, and the Privacy Policy, may be updated by M.E.P.CAD from time to time without notice to you.
2. Users
These Terms of Use apply to all customers, visitors, users, and others who view the Website ("Users" as well as “You” or “Your”), including Users who are also contributors of images, video, information, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by M.E.P.CAD. M.E.P.CAD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, M.E.P.CAD will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve M.E.P.CAD from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each other website that you visit.
3. Use of the Website
(a) M.E.P.CAD hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without M.E.P.CAD’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. (b) In order to access some features of the Website, you may have to create an account or register as a user (an “account”). You may never use another's account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify M.E.P.CAD immediately of any breach of security or unauthorized use of your account. Although M.E.P.CAD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of M.E.P.CAD or others due to such unauthorized use. (c) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the servers operating the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, M.E.P.CAD grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. M.E.P.CAD reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems and/or the navigation systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions (see Section 5 below). (e) M.E.P.CAD may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users’ access to the Website without notice and liability, if, in M.E.P.CAD’ sole determination, User violates any of the terms of use, including the following prohibited actions; (i) use the Website for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent Users’ affiliation with a person or entity, conduct fraud, hide or attempt to hide Users’ identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website. Upon termination for any reason, User continues to be bound by this Agreement.
4. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), and the services provided by or carried out by the systems and methods incorporated into the Website (“Services”), are owned by or licensed to M.E.P.CAD and are subject to copyright, trademark, patent and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. M.E.P.CAD reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
(a) The Website may now or in the future permit the submission of images, sounds, videos, data, or other communications submitted by you and other Users, such as in the form of testimonials and user forums ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, M.E.P.CAD does not guarantee any confidentiality with respect to any User Submissions. (b) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize M.E.P.CAD to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to M.E.P.CAD, you hereby grant M.E.P.CAD a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Website and M.E.P.CAD’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use, (c) In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant M.E.P.CAD all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage M.E.P.CAD or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. M.E.P.CAD does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and M.E.P.CAD expressly disclaims any and all liability in connection with User Submissions. M.E.P.CAD does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and M.E.P.CAD will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. M.E.P.CAD reserves the right to remove Content and User Submissions without prior notice. M.E.P.CAD will also terminate a User's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the Website more than twice. M.E.P.CAD also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. M.E.P.CAD may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. (d) In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. M.E.P.CAD’ Designated Agent to receive notifications of claimed infringement is: Attn: Copyright M.E.P.CAD, Inc. 2111 Industrial Rd Las Vegas, Nevada 89102 You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. (e) You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that M.E.P.CAD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against M.E.P.CAD with respect thereto, and agree to indemnify and hold M.E.P.CAD, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. (f) M.E.P.CAD permits you to link to your own User Submissions, if any, hosted on the Website or User Submissions of other third parties available on the Website, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and M.E.P.CAD does not guarantee that their availability will be uninterrupted or bug free. M.E.P.CAD reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases. (g) Opt Out. M.E.P.CAD may use your information to notify you of important changes to the Website, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications: (i) Send an email message to sales@mepcad.com with the word "Remove" in the subject field; or (ii) Send mail to the following postal address:
Attn: Remove
M.E.P.CAD, Inc.
2111 Industrial Rd
Las Vegas, Nevada 89102
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If M.E.P.CAD has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.
7. Website Information
Any information provided to Users through the Website is intended for informational purposes only. M.E.P.CAD makes no representations or warranties regarding the accuracy or completeness of the information.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, M.E.P.CAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. M.E.P.CAD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. M.E.P.CAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND M.E.P.CAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
Features. You acknowledge and agree that if you purchase and/or use M.E.P.CAD that various features of M.E.P.CAD, including the automated drawing cleanup feature, will delete any or all portions of original drawings and materials associated therewith, and that built-in wizard functions will repeat or mimic prior actions by the user, including the deletion or alteration of all or part of the original drawings or materials associated therewith, and that once any part or all parts of the original drawings and materials associated therewith have been deleted, altered or otherwise modified, the deleted, altered or modified drawings or material associated therewith may not be able to be recovered in any manner, way, shape or form. Accordingly, you acknowledge and agree that Licensee and users of M.E.P.CAD shall be solely responsible for saving or otherwise preserving copies of original drawings or materials associated therewith, and reviewing any drawings or results generated by M.E.P.CAD against the original drawings or materials associated therewith prior to saving the deleted, altered or modified drawings or materials associated therewith, and M.E.P.CAD and its supplier or distributors specifically disclaim any express or implied warranty of fitness for deletions, modifications or alterations of original drawings or materials associated therewith and no license is granted to use M.E.P.CAD for such activities. Utilization of Website under Dangerous Conditions. Your use of the Website under certain conditions, such as walking, driving or in other conditions where Your attention may be impaired, can lead to Your injury or death or to the injury or death of third parties and You accept all risk associated with such use. M.E.P.CAD disclaims all liability that might arise from Your use of the Website under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger. IN NO EVENT SHALL M.E.P.CAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ANY OF THE ABOVE LIMITATIONS OF LIABILITY, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR PRODUCTS FOR SALE OR LICENSE THEREIN, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT M.E.P.CAD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The Website is controlled and offered by M.E.P.CAD from its facilities in the United States of America. M.E.P.CAD makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.
11. Indemnity
You agree to defend, indemnify and hold harmless M.E.P.CAD, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, patent, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
12. Ability to Accept Terms of Use
By your use of the Website, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. Minors over the age of 13 must ask their parents or guardians for permission before using or visiting the Website or sending any personal information to anyone over the Internet.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by M.E.P.CAD without restriction.
14. Government Restricted Rights.
If you are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Website, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Website is a commercial website and the related documentation is commercial website documentation. The use of the website and related documentation is further restricted in accordance with the terms of this Terms of Use, or any modification hereto. M.E.P.CAD, Inc. is located at 5050 Vista Blvd., Suite 103, Sparks, Nevada 89436.
15. General
These Terms of Use represents the complete agreement concerning the Website between the parties and supersedes all prior agreements and representations between them. The Terms of Use may be amended only by a writing executed by both parties. If any provision of the Terms of Use is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and the Terms of Use shall otherwise remain in full force and effect and enforceable. The failure of M.E.P.CAD to act with respect to a breach of the Terms of Use by User or others does not constitute a waiver and shall not limit M.E.P.CAD’s rights with respect to such breach or any subsequent breaches. The Terms of Use are personal to User and may not be assigned or transferred for any reason whatsoever without M.E.P.CAD’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. M.E.P.CAD expressly reserves the right to assign the Terms of Use and to delegate any of its obligations hereunder. The Terms of Use shall be governed by and construed under Nevada law (without regard to its conflicts of laws provisions) as such law applies to agreements between Nevada residents entered into and to be performed within Nevada. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be the State and Federal courts in Washoe County, Nevada; User hereby agrees to service of process in accordance with the rules of such courts. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in THESE TERMS OF USE are material bargained for bases of the terms of use and that they have been taken into account and reflected in determining the consideration to be given by each party under THESE TERMS OF USE and in the decision by each party to enter into THESE TERMS OF USE. Questions concerning these Terms of Use should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.
M.E.P.CAD, Inc.
2111 Industrial Rd
Las Vegas, Nevada 89102
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