1. This is a Contract
2. State Architecture and Engineering Licensure
Various state laws require that the practice of architecture or engineering be conducted by or through entities owned or controlled by appropriate professionals. ERDMAN or its employees or agents control, own or operate various entities (some with names other than “ERDMAN”) that are intended to comply with these requirements. Please contact ERDMAN’s General Counsel (firstname.lastname@example.org) if you have any questions about these entities.
3. ERDMAN Content
The ERDMAN Sites include, without limitation, the following (collectively, the (“ERDMAN Content”): (i) ERDMAN’s trademarks, service marks, logos, trade dress and trade names and other proprietary information (collectively, the “ERDMAN Marks“); (ii) information, data, materials, code, databases, products, services, software, text, images, photographs, audio, video, artwork; and (iii) design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of content in or available through the Erdman Sites. ERDMAN owns the ERDMAN Content. The ERDMAN Content is protected in all media now existing or hereafter developed, by applicable law, including, without limitation, laws governing copyright, trade secret, patent, and trademark. Your reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any ERDMAN Content is forbidden and is not included in the License. You may not alter, delete, obscure any copyright or other notices in the ERDMAN Content.
4. License Grant
5. License Restrictions
The License does not include any right to copy, change, translate, create derivative works from, distribute, sell, display, remove or alter any notices or labels from, lease, sublicense, decompile, or reverse engineer the ERDMAN Sites or any ERDMAN Content. The License does not include any right to the following: (i) use of the ERDMAN Sites for any illegal activity; (ii) interference with the ERDMAN Sites including, without limitation, via transmission of a computer virus or other malicious code, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interference with any other person’s use and enjoyment of the ERDMAN Sites.
8. Your Login Information
Access to certain features or areas of the ERDMAN Sites may only be available with registration or login. If you are required to register and select a unique login and password (“Your Login Information“), then you are exclusively responsible to keep Your Login Information confidential. ERDMAN is not liable for any damage, claim, or other cost caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Login Information. You must contact ERDMAN immediately if you believe that Your Login Information has been misappropriated or if you want to deactivate Your Login Information.
9. Your Obligations
You will abide by all applicable local, state, national, and international laws and regulations when using the ERDMAN Sites. You will not interfere with others’ use and enjoyment of the ERDMAN Sites. You are exclusively responsible for any liabilities, fines, penalties, or forfeitures arising from your violation of any laws. You must provide true and complete information when submitting information or materials via the ERDMAN Sites. If you submit false or incomplete information, then ERDMAN can terminate your License.
10. Unacceptable Use
You will not use the ERDMAN Sites to upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that are, in ERDMAN’s sole discretion, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially, ethnically or otherwise objectionable.
11. No Warranty Regarding Confidentiality of Your Information
Except as required by law, ERDMAN does not warrant or guarantee the confidentiality or security of any communication or other material transmitted to or from the ERDMAN Sites.
12. Warranties Disclaimed and Exclusive Remedy
The ERDMAN Sites and ERDMAN Content are provided “as is” and “as available.” ERDMAN, its affiliated entities, subsidiaries, employees, officers, agents, or licensors (collectively, “ERDMAN Parties“) disclaim all express or implied representations or warranties of any kind related to the ERDMAN Sites and ERDMAN Content, including without limitation, any representation that the ERDMAN Sites or ERDMAN Content are complete, accurate, or non-infringing or that access to the ERDMAN Sites shall be uninterrupted, timely, secure, or error free. The ERDMAN Parties disclaim all warranties, express or implied, to the fullest extent permitted by law including, without limitation, any warranty of merchantability or fitness for a particular purpose. Your exclusive remedy with regard to any claimed damages resulting from the ERDMAN Sites or ERDMAN Content is to cease using the ERDMAN Sites and ERDMAN Content.
13. No Obligation to Update
ERDMAN has no obligation to correct or update the ERDMAN Sites or the ERDMAN Content.
14. No Professional Advice and Disclaimer as to Accuracy of Information
The information contained in the ERDMAN Sites and ERDMAN Content are for informational purposes only and may or may not reflect the most current professional architectural or engineering requirements.
15. Third Party Information
The ERDMAN Sites may include materials from third parties. ERDMAN makes no representation or warranty with respect to the non-infringement, accuracy, completeness, or reliability of third-party materials.
16. Exclusion of and Limitation of Liability
You agree that none of the ERDMAN Parties shall be liable to you for compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising from your use of or inability to use the ERDMAN Sites or ERDMAN Content.
19. Term and Termination
22. Governing Law
23. Complete Agreement
24. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ERDMAN Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
25. Access Outside of United States
ERDMAN disclaims any representation or warranty that the ERDMAN Sites or ERDMAN Content are accessible, functional outside of the United States.
26. Social Media Non-Endorsement
ERDMAN provides opportunities for user interaction within its ERDMAN Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, and Instagram. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. ERDMAN is not responsible for content or links posted by others.
27. Contact Information
© 2021 ERDMAN Company | Last Edited on 2021-04-15